    [United States Senate Manual, 118th Congress]
    [S. Doc. 118-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 227-246]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 227]]
                ------------------------------------------------------------
    ,
                    CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD TO
                            CONFERENCES AND CONFERENCE REPORTS\1\

                ------------------------------------------------------------

                    [Note.--The figures in parentheses at the end of rules
                refer to sections of Hinds' Parliamentary Precedents (H.R.
                Doc. 576, 55-2), where decisions and proceedings may be
                found. The notes and references inserted are additional to
                those in the work, and not found therein.]
    ---------------------------------------------------------------------------
                    \1\Collated and prepared by Thomas P. Cleaves, Clerk to
                the Committee on Appropriations, United States Senate, and
                reported to the Senate by Mr. Allison, First Session, Fifty-
                seventh Congress, under the following resolution of June 6,
                1900:
                    ``Resolved, That the Committee on Appropriations cause
                to be prepared for the use of the Senate a manual of the law
                and practice in regard to conferences and conference
                reports.''
                    This manual is included for historical purposes and has
                not been updated to reflect current law and practice in
                regard to conferences. For current practice, see the
                ``Conferences and Conference Reports'' section of Riddick
                and Frumin, Riddick's Senate Procedure: Precedents and
                Practices.
    ---------------------------------------------------------------------------

                                         CONFERENCES

                    1. Parliamentary law relating to conferences as stated
                in Jefferson's Manual, Section XLVI:
                    It is on the occasion of amendments between the Houses
                that conferences are usually asked; but they may be asked in
                all cases of difference of opinion between the two Houses on
                matters depending between them. The request of a conference,
                however, must always be by the House which is possessed of
                the papers. (3 Hats., 31; 1 Grey, 425.)
                    Conferences may either be simple or free. At a
                conference simply,\2\ written reasons are prepared by the
                House asking it, and they are read and delivered without
                debate, to the managers of the other House at the
                conference, but are not then to be answered. (4 Grey, 144.)
                The other House then, if satisfied, vote the reasons
                satisfactory, or say nothing; if not satisfied, they resolve
                them not satisfactory and ask a conference on the subject of
                the last conference, where they read and deliver, in like
                manner, written answers to those reasons. (3 Grey, 183.)
                They are meant chiefly to record the justification of each
                House to the nation

    [[Page 228]]

                at large and to posterity, and in proof that the miscarriage
                of a necessary measure is not imputable to them. (3 Grey,
                225.) At free conferences the managers discuss, vivi voce
    ---------------------------------------------------------------------------
                    \2\So in original.
    ---------------------------------------------------------------------------
                and freely, and interchange propositions for such
                modifications as may be made in a parliamentary way, and may
                bring the sense of the two Houses together. And each party
                reports in writing to their respective Houses the substance
                of what is said on both sides, and it is entered in their
                journals. (9 Grey, 220; 3 Hats., 280.) This report can not
                be amended or altered, as that of a committee may be.
                (Journal Senate, May 24, 1796.)
                    A conference may be asked before the House asking if it
                has come to a resolution of disagreement, insisting or
                adhering. (3 Hats., 269, 341.) In which case the papers are
                not left with the other conferees, but are brought back to
                be the foundation of the vote to be given. And this is the
                most reasonable and respectful proceeding; for, as was urged
                by the Lords on a particular occasion, ``it is held vain,
                and below the wisdom of Parliament, to reason or argue
                against fixed resolutions and upon terms of impossibility to
                persuade.'' (3 Hats., 226.) So the Commons say, ``an
                adherence is never delivered at a free conference, which
                implies debate.'' (10 Grey, 137.) And on another occasion
                the Lords made it an objection that the Commons had asked a
                free conference after they had made resolutions of adhering.
                It was then affirmed, however, on the part of the Commons,
                that nothing was more parliamentary than to proceed with
                free conferences after adhering (3 Hats., 369), and we do in
                fact see instances of conference, or of free conference,
                asked after the resolution of disagreeing (3 Hats., 251,
                253, 260, 286, 291, 316, 349); of insisting (ib., 280, 296,
                299, 319, 322, 355); of adhering (269, 270, 283, 300), and
                even of a second or final adherence. (3 Hats., 270.) And in
                all cases of conference asked after a vote of disagreement,
                etc., the conferees of the House asking it are to leave the
                papers with the conferees of the other; and in one case
                where they refused to receive them they were left on the
                table in the conference chamber. (Ib., 271, 317, 323, 354;
                10 Grey, 146.)
                    After a free conference the usage is to proceed with
                free conferences, and not to return again to a conference.
                (3 Hats., 270; 9 Grey, 229.)
                    After a conference denied a free conference may be asked
                (1 Grey, 45.)

    [[Page 229]]

                    When a conference is asked the subject of it must be
                expressed or the conference not agreed to. (Ord. H. Com.,
                89; 1 Grey, 425; 7 Grey, 31.) They are sometimes asked to
                inquire concerning an offense or default of a member of the
                other House. (6 Grey, 181; 1 Chand., 204.) Or the failure of
                the other House to present to the King a bill passed by both
                Houses. (8 Grey, 302.) Or on information received and
                relating to the safety of the nation. (10 Grey, 171.) Or
                when the methods of Parliament are thought by the one House
                to have been departed from by the other a conference is
                asked to come to a right understanding thereon. (10 Grey,
                148.) So when an unparliamentary message has been sent,
                instead of answering it, they ask a conference. (3 Grey,
                155.) Formerly an address or articles of impeachment, or a
                bill with amendments, or a vote of the House, or concurrence
                in a vote, or a message from the King, were sometimes
                communicated by way of conference. But this is not the
                modern practice.  (1366.)

                 [Senate Manual, 1902, p. 137; House Manual, 56th Cong., 2d
                                                             sess., p. 207.]

                                  CHARACTER OF CONFERENCES

                    2. Conferences may either be simple or free.

                                            [Jefferson's Manual, Sec. XLVI.]

                    Note.--This rule and the definition and description of
                the two kinds of conferences are found in the foregoing
                section. Vice President Hamlin, in ruling upon a question of
                order in the Senate in the Thirty-eighth Congress, stated
                the rule and the distinction between free and simple
                conferences as follows:
                    ``Conferences are of two characters, free and simple. A
                free conference is that which leaves the committee of
                conference entirely free to pass upon any subject where the
                two branches have disagreed in their vote, not, however,
                including any action upon any subject where there has been a
                concurrent vote of both branches. A simple conference--
                perhaps it should more properly be termed a strict or a
                specific conference, though the parliamentary term is
                simple--is that which confines the committee of conference
                to the specific instructions of the body appointing it.''
                (38th Cong., 1st sess., Congressional Globe, pt. I, p. 900.)
                    Speaker Reed, in his Manual of General Parliamentary
                Law, chapter XV, section 242, states that ``A free
                conference is one where the conferees meet and present not
                only the reasons of each House, but such arguments and
                reasons and persuasions as seem suitable to each member of
                the committee. Instead of being confined to reasons adopted
                by either House, each member may present his own. A
                conference may therefore be a free conference though each
                House may have instructed its members and limited them to
                the terms of the agreement. This method of conference is the
                only one known to our parliamentary law; at least, it is the
                only one now in practice. When two legislative bodies in
                this country have a conference, it is a free conference * *
                *''

    [[Page 230]]

                                   REQUEST FOR CONFERENCE

                    3. The request for a conference must always be made by
                the House in possession of the papers.  (1366.)

                                            [Jefferson's Manual, Sec. XLVI.]

                    4. The motion to ask for a conference comes properly
                after the motion to disagree, insist, or adhere.  (1367.)
                    5. A conference may be asked before there has been a
                disagreement.  (1366.)

                        [48th Cong., 1st sess., S. Jour., pp. 628, 642-643;
                                             Jefferson's Manual, Sec. XLVI.]

                    6. After one House has adhered the other may recede or
                ask a conference, which may be granted by the other House.
                (1358-1361.)

                [23d Cong., 1st sess., S. Jour., p. 112; S. Jour., vol. 2,
                pp. 70, 71; S. Jour., vol. 5, pp. 657, 661; Jefferson's
                Manual, Sec. XLVI.]

                    7. The House may agree to a conference without
                reconsidering its vote to adhere.  (1362.)
                    8. Instances have occurred where one House has adhered
                at once and has even refused a conference.  (1363.)

                    Note.--In section XLV, Jefferson's Manual, it is stated
                that ``Either House is free to pass over the term of
                insisting, and to adhere in the first instance, but it is
                not respectful to the other. In the ordinary parliamentary
                course there are two free conferences, at least, before an
                adherence.''
                    9. Where one House has voted at once to adhere, the
                other may insist and ask a conference; but the motion to
                recede has precedence.  (1364.)
                    10. One House may disagree to the amendment of the
                other, leaving it for the latter House to ask for the
                conference as soon as the vote of disagreement is passed.
                (1368.)
                    11. The amending House may insist at once upon its
                amendments, and ask for a conference.  (1370-1371.)

                       [48th Cong., 1st sess., S. Jour., pp. 628, 642, 643;
                                       Congressional Record, pp. 3974-4098.]

                    12. The request of the other House for a conference may
                be referred to a committee.

                [19th Cong., 1st sess., S. Jour., p. 302; 49th Cong., 1st
                sess., H. Jour., pp. 2292, 2293; Congressional Record, p.
                7332.]

                    13. Where a conference committee is unable to agree, or
                where a report is disagreed to, another conference is
                usually asked for and agreed to.  (1384-1388.)
                    14. Before the stage of disagreement has been reached,
                the request of the other House for a conference gives the
                bill no privilege over the other business of the House.
                (1374, 1375.)

    [[Page 231]]

                    15. The conference on a disagreement as to Senate
                amendments to a House bill having failed, the Senate
                reconsidered its action in amending and passing the bill,
                passed it with a new amendment, and asked a new conference.

                 [55th Cong., 3d sess., Congressional Record, pp. 317, 439,
                                          628, 631, 2303, 2360, 2362, 2770.]

                    16. The motion to insist and ask a conference has
                precedence of the motion to instruct conferees.  (1376-
                1379.)

                                          CONFEREES

                                  APPOINTMENT OF CONFEREES

                    17. Statement of principles governing the selection of
                conferees on the part of the House (1383), namely:

                    Note.--These principles and provisions are also
                applicable to the Senate and in harmony with its practice.
                    The House members of conference committees, called the
                managers on the part of the House, are appointed by the
                Speaker.

                    Note.--The Senate members of conference committees,
                called the managers on the part of the Senate, are appointed
                by the Presiding Officer, by unanimous consent, under the
                custom of the Senate. Rule XXIV provides that chairman and
                other members of committees of the Senate shall be appointed
                by resolution unless otherwise ordered.
                    They are usually three in number, but on important
                measures the number is sometimes increased. In the selection
                of the managers the two large political parties are usually
                represented, and, also, care is taken that there shall be a
                representation of the two opinions which almost always exist
                on subjects of importance. Of course the majority party and
                the prevailing opinion have the majority of the managers. *
                * *
                    It is also almost the invariable practice to select
                managers from the members of the committee which considered
                the bill. * * * But sometimes in order to give
                representation to a strong or prevailing sentiment in the
                House the Speaker goes outside the ranks of the committee. *
                * *
                    The managers of the two Houses while in conference vote
                separately, the majority determining the attitude to be
                taken toward the propositions of the other House. When the
                report is made the signatures of a majority of each board of
                managers are sufficient. The minority managers frequently
                refrain from signing the report, and it is not unprecedented
                for a minority manager to indorse his protest on the report.

    [[Page 232]]

                    18. When conferees have disagreed or a conference report
                has been rejected, the usual practice is to reappoint the
                managers, although it seems to have been otherwise in former
                years.  (1383.)
                    19. Conferees having been appointed, it is too late to
                reconsider the vote whereby the House has disagreed to a
                Senate amendment.  (1205.)

                                   DISCHARGE OF CONFEREES

                    20. While a conference asked by the House was in
                progress on the House's disagreement to Senate amendments,
                by a special order the House discharged its conferees,
                receded from its disagreement, and agreed to the amendments.
                (1373.)

                    Note.--Similar action was taken by the Senate under like
                circumstances in the Forty-second Congress (42d Cong., 2d
                sess., S. Jour., p. 1028).

                                  INSTRUCTIONS TO CONFEREES

                    21. It is in order to instruct conferees, and the
                resolution of instruction should be offered after the House
                has voted to insist and ask a conference and before the
                conferees have been appointed.  (1376-1379.)

                [38th Cong., 2d sess., S. Jour., p. 268; 39th Cong., 1st
                sess., S. Jour., p. 782, 784; 40th Cong., 2d sess., S.
                Jour., p. 119.]

                    22. It is not the practice to instruct conferees before
                they have met and disagreed.  (1380.)
                    23. It is not in order to give such instructions to
                conferees as would require changes in the text to which both
                Houses have agreed.  (1380.)
                    24. The House having asked for a free conference, it is
                not in order to instruct the conferees.  (1381.)
                    25. The motion to instruct conferees is amendable.
                (1390.)

                [40th Cong., 2d sess., S. Jour., p. 119.]

                    26. A conference report may be received although it may
                be in violation of instructions given to the conferees.
                (1382.)

                              CONFERENCE COMMITTEES AND REPORTS

                             AUTHORITY OF CONFERENCE COMMITTEES

                    27. A conference committee is practically two distinct
                committees, each of which acts by a majority.  (1401.)
                    28. Conference reports must be signed by a majority of
                the managers on the part of each House. They are made

    [[Page 233]]

                in duplicate for the managers to present to their respective
                Houses, the signatures of the managers of each House
                appearing first on the report that is to be presented to the
                House they represent.

                    Note.--See form of conference report appended.
                    29. Conferees may not include in their report matters
                not committed to them by either House.  (1414-1417.)

                [50th Cong., 1st sess., S. Jour., pp. 1064, 1065; 54th
                Cong., 2d sess., S. Jour., pp. 90, 91, 96.]

                    In the House, in case such matter is included, the
                conference report may be ruled out on a point of order.
                (See Rule 50, below.)
                    In the Senate, in case such matter is included, the
                custom is to submit the question of order to the Senate.

                    Note.--In the Fifty-fifth Congress, first session, Vice-
                President Hobart, in overruling a point of order made on
                this ground against a conference report during its reading
                in the Senate, stated that the report having been adopted by
                one House and being now submitted for discussion and
                decision in the form of concurrence or disagreement, it is
                not in the province of the Chair during the progress of its
                presentation to decide that matter has been inserted which
                is new or not relevant, but that such questions should go
                before the Senate when it comes to vote on the adoption or
                rejection of the report. (55th Cong., 1st sess., S. Jour.,
                pp. 171, 172; Congressional Record, pp. 2780-2787.) See also
                Congressional Record, p. 2827, 56th Cong., 2d sess., when
                the Presiding Officer (Mr. Lodge in the Chair) referred with
                approval to the foregoing decision of Vice-President Hobart,
                and stated that when a point of order is made on a
                conference report on the ground that new matter has been
                inserted, the Chair should submit the question to the Senate
                instead of deciding it himself, as has been the custom in
                the House. No formal ruling was made in this case, however,
                as the conference report, after debate, was, by unanimous
                consent, rejected. (56th Cong., 2d sess., Congressional
                Record, pp. 2826-2883.)
                    30. Conferees may not strike out in conference anything
                in a bill agreed to and passed by both Houses.  (1321.)

                                             [Jefferson's Manual, Sec. XLV.]

                    31. Conferees may include in their report matters which
                are germane modifications of subjects in disagreement
                between the Houses and committed to the conference.  (1418-
                1419.)
                    32. A disagreement to an amendment in the nature of a
                substitute having been referred to conferees, it was held to
                be in order for them to report a new bill on the same
                subject.  (1420.)
                    33. A conference committee may report agreement as to
                some of the matters of difference, but inability to agree as
                to others.  (1392.)

                [29th Cong., 1st sess., S. Jour., pp. 523-524.]

    [[Page 234]]

                    34. In drafting a conference report care should be taken
                in stating the action of the conferees on amendments to
                observe the parliamentary rule that neither House can recede
                from or insist on its own amendment with an amendment; and
                in case pages and lines of the bill or amendments are
                referred to in the report, the engrossed bill and amendments
                only should be used.

                      PRESENTATION AND PRIVILEGE OF CONFERENCE REPORTS

                    35. A conference report is made first to the House
                agreeing to the conference.

                    Note.--This rule seems to follow from the principle laid
                down by Jefferson (Manual, Sec. XLVI), that ``in all cases
                of conference asked after a vote of disagreement, etc., the
                conferees of the House asking it are to leave the papers
                with the conferees of the other,'' thus putting the agreeing
                House in possession of the papers, and has been the usual
                practice in Congress.
                    36. Conference reports are in order in the Senate under
                Rule XXVIII, as follows:
                    The presentation of reports of committees of conference
                shall always be in order, except when the Journal is being
                read or a question of order or motion to adjourn is pending,
                or while the Senate is dividing; and when received, the
                question of proceeding to the consideration of the report,
                if raised, shall be immediately put, and shall be determined
                without debate.

                    Note.--It has been held in the Senate that the
                presentation of a conference report includes its reading,
                unless by unanimous consent the reading is dispensed with
                (54th Cong., 1st sess., S. Jour., p. 334; Congressional
                Record, p. 5511).
                    37. Conference reports are in order in the House under
                Rule XXVIII, as follows:
                    The presentation of reports of committees of conference
                shall always be in order except when the journal is being
                read, while the roll is being called, or the House is
                dividing on any proposition. And there shall accompany any
                such report a detailed statement sufficiently explicit to
                inform the House what effect such amendments or propositions
                shall have upon the measures to which they relate.

                    Note.--Paragraph 4 of rule XXVIII of the Standing Rules
                of the Senate requires a conference report to be accompanied
                by an explanatory statement prepared jointly by the
                conferees on the part of the House and the Senate.
                    38. A conference report may not be received by the House
                if no statement accompanies it.  (1404-1405.)

    [[Page 235]]

                    39. Whether or not the detailed statement accompanying a
                conference report is sufficient to comply with the rule
                (XXVIII) is a question for the House, and not for the
                Speaker, to determine.  (1402-1403.)
                    40. A conference report may be presented after a motion
                to adjourn has been made or when a Member is occupying the
                floor for debate, but the report need not be disposed of
                before the motion to adjourn is put.  (1393-1395.)
                    41. A conference report is in order pending a demand for
                the previous question.

                [55th Cong., 3d sess., Congressional Record, p. 867.]

                    Note.--In the Senate the previous question is not in
                use.
                    42. A conference report has been given precedence over a
                question of privilege.  (1397.)
                    43. A conference report may be presented during the time
                set apart for a special order for the consideration of
                another measure.  (1400.)
                    44. A conference report may be presented after a vote by
                tellers and pending the question on ordering the yeas and
                nays.  (1399.)
                    45. A conference report has precedence of the question
                on the reference of a bill, even though the yeas and nays
                have been ordered.  (1398.)
                    46. The consideration of a conference report may be
                interrupted by the arrival of the hour previously fixed for
                a recess.  (1396.)
                    47. The question on the adoption of a final conference
                report has precedence of a motion to recede and concur in
                amendments of the other House.

                      [55th Cong., 3d sess., Congressional Record, p. 2927.]

                      REJECTION OF CONFERENCE REPORTS, EFFECTS OF, ETC.

                    48. A bill and amendments having been once sent to
                conference, do not, upon the rejection of the conference
                report, return to their former state so that the amendments
                may be sent to the Committee of the Whole.  (1389.)
                    49. The rejection of a conference report leaves the
                matter in the position it occupied before the conference was
                asked.  (1390.)
                    50. When a conference report is ruled out on a point of
                order in the House it is equivalent to a negative vote on
                the report, and the Senate is informed by message that the
                House has ``disagreed'' to the report.  (1417.)

    [[Page 236]]

                               AMENDMENT OF CONFERENCE REPORTS

                    51. It is not in order to amend a conference report, and
                it must be accepted or rejected as an entirety.  (1366.)

                   [Jefferson's Manual, Sec. XLVI; 4th Cong., 1st sess., S.
                                                             Jour., p. 270.]

                    Note.--Various instances are found where conference
                reports agreed to by both Houses were amended and corrected
                by concurrent resolution or order. (43d Cong., 2d sess., S.
                Jour., pp. 372, 373, H. Jour., p. 610; Congressional Record,
                p. 1990; 44th Cong., 1st sess., S. Jour., pp. 581, 708, H.
                Jour., pp. 1087, 1252; 48th Cong., 1st sess., S. Jour., p.
                859.)

                      REFERENCE AND RECOMMITMENT OF CONFERENCE REPORTS

                    52. A conference report may not be referred to a
                standing committee.  (1413.)
                    53. A conference report may not be referred to the
                Committee of the Whole, although in the earlier history of
                the House this was sometimes done.  (1410, 1411.)
                    54. It is not in order in the House to recommit a
                conference report to the committee of conference.  (1412.)

                    Note.--This rule is founded upon the decision of Speaker
                Carlisle (49th Cong., 2d sess., Congressional Record, p.
                880), which has been affirmed by subsequent Speakers, but
                prior to that time many instances had occurred of
                recommitting conference reports to the committee of
                conference.
                    55. It is in order in the Senate to recommit a
                conference report to the committee of conference, but not
                with instructions, according to the later decisions.

                [42d Cong., 3d sess., S. Jour., pp. 313, 554-557; 43d Cong.,
                1st sess., S. Jour., p. 865; 44th Cong., 1st sess., S.
                Jour., p. 211; 49th Cong., 2d sess., S. Jour., p. 151; 55th
                Cong., 3d sess., Congressional Record, pp. 2823, 2842-3.]

                    Note.--Inasmuch as concurrent action is necessary for
                the recommittal of a conference report, the foregoing rule
                of the House has necessitated a change in the practice, and
                no effort has been made by the Senate in late years to
                recommit a conference report. The purpose of a recommittal
                can be attained, however, by a rejection of the report, when
                another conference would be ordered, and in accordance with
                usage the same conferees would be appointed.

                                TABLING OF CONFERENCE REPORTS

                    56. The House has formally discarded the old practice of
                allowing conference reports to be laid on the table.  (1407-
                1409.)

                    Note.--The effect of the motion to lay on the table in
                the House defeats the proposition. It is never taken up
                again. Hence a conference report can not be laid on the
                table; otherwise a conference report might be put beyond the
                reach of either House. (Reed's Parliamentary Rules, Chap.
                VIII, sec. 115.)

    [[Page 237]]

                    57. The Senate practice allows conference reports to be
                laid on the table.

                      [43d Cong., 2d sess., S. Jour., p. 433; Congressional
                                                     Record, pp. 2205-2206.]

                    Note.--The effect of the motion to lay on the table in
                the Senate, unlike that in the House, is simply to suspend
                the consideration of a question during the pleasure of the
                Senate, which can be again taken up on motion.
                    58. A motion to reconsider the vote on agreeing to a
                conference report may be laid on the table in the Senate
                without carrying the report.

                [44th Cong., 1st sess., S. Jour., p. 234; Congressional
                Record, pp. 1253, 1254; Senate Manual (1901), Rule XIII,
                clause 1, p. 13.]

                              WITHDRAWAL OF CONFERENCE REPORTS

                    59. A conference report may be withdrawn in the Senate
                on leave, and in the House by unanimous consent.

                    Note.--In the 32d Congress, a conference report having
                been agreed to in the Senate, the vote was reconsidered, the
                bill returned from the House on request of the Senate, and
                the committee of conference had leave to withdraw its
                report. (32d Cong., 2d sess., S. Jour., p. 420.)

                                  FORM OF CONFERENCE REPORT

                    ------ Congress, ------ Session. H.R. [or S., as may be]
                No. ------

                                      CONFERENCE REPORT

                    The committee of conference on the disagreeing votes of
                the two Houses on the amendments of the Senate [or House, as
                may be] to the Bill [or Resolution, as may be] (H.R. [or S.,
                as may be] ------), [title here] having met, after full and
                free conference have agreed to recommend and do recommend to
                their respective Houses as follows:
                    That the Senate [or House, as may be] recede from its
                amendments numbered * * *.
                    That the House [or Senate, as may be] recede from its
                disagreements to the amendments of the Senate [or House, as
                may be] numbered * * * and agree to the same.
                    Amendment numbered ------:
                    That the House [or Senate, as may be] recede from its
                disagreement to the amendment of the Senate [or House, as
                may be] numbered ------, and agree to the same with an
                amendment, as follows: * * *; and the Senate [or House, as
                may be] agree to the same.
                    Amendment numbered ------:

    [[Page 238]]

                    That the Senate [or House, as may be] recede from its
                disagreement to the amendment of the House [or Senate, as
                may be] to the amendment of the Senate [or House, as may be]
                numbered ------, and agree to the same.
                    Amendment numbered ------:
                    That the Senate [or House, as may be] recede from its
                disagreement to the amendment of the House [or Senate, as
                may be] to the amendment of the Senate [or House, as may be]
                numbered ------, and agree to the same, with an amendment,
                as follows: * * *; and the House [or Senate, as may be]
                agree to the same.
                    Amendments numbered ------:
                    On the amendments of the Senate [or House, as may be]
                numbered ------, the committee of conference have been
                unable to agree.
                       (Signatures here)             (Signatures here)

                      -------- --------,            -------- --------,

                      -------- --------,            -------- --------,

                      -------- --------,            -------- --------,

                    Managers on the             Managers on the
                      part of the ------.           part of the ------.

                 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
                                             \3\

                    The managers on the part of the House and the Senate at
                the conference on the disagreeing votes of the two Houses on
                the amendment/amendments of the House/Senate to the bill/
                joint resolution (          ) submit the following joint
                statement to the House and the Senate in explanation of the
                effect of the action agreed upon by the managers and
                recommended in the accompanying conference report:
    ---------------------------------------------------------------------------
                    \3\This statement form replaces that formerly carried in
                Cleaves' Manual. Rule XXVIII of the Standing Rules of the
                Senate provides that ``an explanatory statement prepared
                jointly by the conferees on the part of the House and the
                conferees on the part of the Senate'' shall accompany each
                conference report. See also House Rule XXII, clause 7(e).
    ---------------------------------------------------------------------------

                                        * * * * * * *

                       (Signatures here)             (Signatures here)

                      -------- --------,            -------- --------,

                      -------- --------,            -------- --------,

                      -------- --------,            -------- --------,

                    Managers on the             Managers on the
                      part of the ------.           part of the ------.

    [[Page 239]]

                                            [270]

                ------------------------------------------------------------

                SELECT LEGISLATIVE PROCEDURES ENACTED IN LAW APPLYING TO THE
                                    UNITED STATES SENATE

                    [Data collected through 118th Congress, 2nd Session]

                            Excerpts from the United States Code

                ------------------------------------------------------------

                                      SECTIONS INCLUDED

                                    TITLE 2--THE CONGRESS

                           Chapter 2--Organization of the Congress

                                                             Senate
                 U.S. Code                                   Manual
                   Section                                   Section

                 30b.     Notice of objecting to proceeding.....    275

                         Chapter 9D--Office of Senate Legal Counsel

                 288d.    Enforcement of Senate Subpena or order    276
                 288j.    Consideration of resolutions to direct
                              counsel...........................    277

                   Chapter 11--Citizens' Commission on Public Service and
                                        Compensation

                 358.     Recommendations of President with
                              respect to pay....................    278
                 359.     Effective date of recommendations of
                              President.........................    279

                   Chapter 17A--Congressional Budget and Fiscal Operations

                 622.     Definitions...........................    280
                 631.     Timetable.............................    281
                 632.     Annual adoption of concurrent
                              resolution on the budget..........    282
                 633.     Committee allocations.................    283
                 634.     Concurrent resolution on the budget
                              must be adopted before budget-
                              related legislation is considered.    284
                 635.     Permissible revisions of concurrent
                              resolutions on the budget.........    285
                 636.     Provisions relating to consideration
                              of concurrent resolutions on the
                              budget............................    286
                 637.     Legislation dealing with Congressional
                              budget must be handled by Budget
                              Committees........................    287
                 639.     Reports, summaries, and projections of
                              Congressional budget actions......    288
                 641.     Reconciliation........................    289
                 642.     Budget-related legislation must be
                              within appropriate levels.........    290

    [[Page 240]]

                643.      Determinations and points of order....      291
                644.      Extraneous matter in reconciliation
                              legislation.......................      292
                645.      Adjustments...........................      293
                651.      Budget-related legislation not subject
                              to appropriations.................      294
                658.      Definitions...........................      295
                658a.     Exclusions............................      296
                658b.     Duties of Congressional committees....      297
                658c.     Duties of Director, statements on
                              bills and joint resolutions other
                              than appropriations bills and
                              joint resolutions.................      298
                658d.     Legislation subject to point of order.      299
                658f.     Requests to Congressional Budget
                              Office from Senators..............      300
                658g.     Clarification of application..........      301

                              Chapter 17B--Impoundment Control

                681.      Disclaimer............................      302
                682.      Definitions...........................      303
                683.      Rescission of budget authority........      304
                684.      Proposed deferrals of budget authority      305
                688.      Procedure in House of Representatives
                              and Senate........................      306

                  Chapter 20--Emergency Powers to Eliminate Budget Deficits

                907a.     Suspension in event of war or low
                              growth............................      307
                907b.     Modification of Presidential order....      308
                907c.     Flexibility among defense programs,
                              projects, and activities..........      309
                907d.     Special reconciliation process........      310

                            Chapter 20A--Statutory Pay-As-You-Go

                931.      Purpose...............................      311
                932.      Definitions and applications..........      312
                933.      PAYGO estimates and PAYGO scorecards..      313
                938.      Determinations and points of order....      314
                939.      Limitation on changes to the Social
                              Security Act......................      315

                    Chapter 24--Congressional Accountability Act of 1995

                1383.     Procedural rules......................      316
                1384.     Substantive regulations...............      317

                                   TITLE 3--THE PRESIDENT

                       Chapter 1--Presidential Elections and Vacancies

                5.        Certificate of ascertainment of
                              appointment of electors...........      318
                6.        Duties of Archivist...................      319
                15.       Counting electoral votes in Congress..      320
                16.       Same; seats for officers and Members
                              of two Houses in joint session....      321
                17.       Same; limit of debate in each House...      322
                18.       Same; parliamentary procedure at joint
                              session...........................      323

    [[Page 241]]

                       TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

                    Chapter 8--Congressional Review of Agency Rulemaking

                801.      Congressional review..................      324
                802.      Congressional disapproval procedure...      325
                803.      Special rule on statutory, regulatory,
                              and judicial deadlines............      326
                804.      Definitions...........................      327
                805.      Judicial Review.......................      328

                             Chapter 9--Executive Reorganization

                903.      Reorganization plans..................      329
                906.      Effective date and publication of
                              reorganization plans..............      330
                908.      Rules of Senate and House of
                              Representatives on reorganization
                              plans.............................      331
                909.      Terms of resolution...................      332
                910.      Introduction and reference of
                              resolution........................      333
                911.      Discharge of committee considering
                              resolution........................      334
                912.      Procedure after report or discharge of
                              committee; debate; vote on final
                              passage...........................      335

                               TITLE 8--ALIENS AND NATIONALITY

                           Chapter 12--Immigration and Nationality

                1254a.    Temporary protected status............      336

                                   TITLE 10--ARMED FORCES

                 Chapter 159--Real Property; Related Personal Property; and
                                Lease of Non-Excess Property

                2687
                note.     Defense Base Closure and Realignment
                              Commission........................      337

                                TITLE 15--COMMERCE AND TRADE

                       Chapter 15C--Alaska Natural Gas Transportation

                719f.     Congressional review..................      338

                                   TITLE 16--CONSERVATION

                       Chapter 38--Fishery Conservation and Management

                1823.     Congressional oversight of
                              international fishery agreements..      339

                   Chapter 51--Alaska National Interest Lands Conservation

                3166.     Agency, Presidential, and
                              Congressional actions.............      340
                3232.     Recommendations of President to
                              Congress..........................      341
                3233.     Expedited Congressional review........      342

                           TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                Chapter 119--Wire and Electronic Communications Interception
                           and Interception of Oral Communications

                2523.     Executive agreements on access to data
                              by foreign governments............      343

    [[Page 242]]

                                  TITLE 19--CUSTOMS DUTIES

                                Chapter 4--Tariff Act of 1930

                1332
                note.     American manufacturing competitiveness      344

                             Chapter 7--Trade Expansion Program

                1862.     Safeguarding national security........      345

                                Chapter 12--Trade Act of 1974

                2191.     Bills implementing trade agreements on
                              nontariff barriers and resolutions
                              approving commercial agreements
                              with Communist countries..........      346
                2192.     Resolutions disapproving certain
                              actions...........................      347
                2193.     Resolutions relating to extension of
                              waiver authority under Sec. 402 of
                              the Trade Act of 1974.............      348
                2194.     Special rules relating to
                              Congressional procedures..........      349
                2253.     Action by President after
                              determination of import injury....      350
                2432.     Freedom of emigration in East-West
                              trade.............................      351
                2437.     Procedure for Congressional approval
                              or disapproval of extension of
                              nondiscriminatory treatment and
                              Presidential reports..............      352
                2492.     Tariff treatment of products of
                              uncooperative major drug producing
                              or drug-transit countries.........      353
                2495.     Definitions...........................      354

                                  TITLE 19--CUSTOMS DUTIES

                Subchapter IV--Trade Relations with Countries not Receiving
                                 Nondiscriminatory Treatment

                       Part 1--Trade Relations with Certian Countries

                2434
                note.     Suspending normal trade relations with
                              Russia and Belarus................      355

                    Chapter 17--Negotiation and Implementation of Trade
                                         Agreements

                2903.     Implementation of trade agreements....      356

                         Chapter 22--Uruguay Round Trade Agreements

                3535.     Review of participation in WTO........      357

                 Chapter 27--Bipartisan Congressional Trade Priorities and
                                       Accountability

                4202.     Trade agreements authority............      358
                4204.     Notice, consultations, and reports....      359
                4205.     Implementation of trade agreements....      360

                         TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

                     Chapter 7--International Bureaus, Congresses, Etc.

                287e-2.   Reimbursement for goods and services
                              provided by the United States to
                              the United Nations................      361

                               Chapter 32--Foreign Assistance

                2291
                note.     United States Senate Caucus on
                              International Narcotics Control...      362

    [[Page 243]]

                2291j.    Annual certification procedures.......      363
                2304.     Human rights and security assistance..      364
                2314.     Furnishing of defense articles or
                              related training or other defense
                              service on grant basis............      365

                               Chapter 39--Arms Export Control

                2753.     Eligibility for defense services or
                              defense articles..................      366
                2755.     Discrimination prohibited if based on
                              race, religion, national origin,
                              or sex............................      367
                2776.     Reports and certifications to Congress
                              on military exports...............      368
                2780.     Transactions with countries supporting
                              acts of international terrorism...      369
                2796a.    Reports to Congress...................      370
                2796b.    Legislative review procedures.........      371
                2799aa.   Nuclear enrichment transfers..........      372
                2799aa-
                1.        Nuclear reprocessing transfers,
                              illegal exports for nuclear
                              explosive devices, transfers of
                              nuclear explosive devices, and
                              nuclear detonations...............      373

                            Chapter 47--Nuclear Non-Proliferation

                3224a.    Studies and agreements by Secretary of
                              Energy on multinational or
                              international basis concerning
                              spent fuel storage facilities and
                              transportation systems;
                              congressional consent;
                              authorization of appropriations;
                              limitations on use of funds;
                              exceptions; special nuclear
                              material for India................      374

                                Chapter 66--Hong Kong Policy

                5701
                note.     Hong Kong Autonomy Act................      375

                    Chapter 69a--Cuban Liberty and Democratic Solidarity
                                         (LIBERTAD)

                6064.     Termination of economic embargo of
                              Cuba..............................      376

                            Chapter 96a--Ukraine Freedom Support

                8923.     Ending importation of Russian Oil Act.      377

                  Chapter 102--Countering Russian Influence in Europe and
                                           Eurasia

                9511.     Congressional review of certain
                              actions relating to sanctions
                              imposed with respect to the
                              Russian Federation................      378

                               TITLE 26--INTERNAL REVENUE CODE

                       Chapter 95--Presidential Election Campaign Fund

                9009.     Reports to Congress; regulations......      379

                  Chapter 96--Presidential Primary Matching Payment Account

                9039.     Reports to Congress; regulations......      380

    [[Page 244]]

                                       TITLE 29--LABOR

                   Chapter 18--Employee Retirement Income Security Program

                1306.     Premium rates.........................      381
                1322a.    Multiemployer plan benefits guaranteed      382

                                 TITLE 31--MONEY AND FINANCE

                   Chapter 11--The Budget and Fiscal, Budget, and Program
                                         Information

                1105.     Budget contents and submission to
                              Congress..........................      383
                1105
                note.     Procedures in the Senate..............      384

                                TITLE 38--VETERANS' BENEFITS

                Chapter 17--Hospital, Nursing Home, Domiciliary, and Medical
                                            Care

                1703E.    Center for Innovation for Care and
                              Payment...........................      385

                   Chapter 81--Acquisition and Operation of Hospital and
                Domiciliary Facilities; Procurement and Supply; Enhanced-Use
                                   Leases of Real Property

                8122
                note.     VA asset and infrastructure review....      386

                           TITLE 42--THE PUBLIC HEALTH AND WELFARE

                    Chapter 23--Development and Control of Atomic Energy

                2153.     Cooperation with other nations........      387
                2153c.    Renegotiation of agreements for
                              cooperation.......................      388
                2155.     Export licensing procedures...........      389
                2157.     Additional export criterion and
                              procedures........................      390
                2158.     Conduct resulting in termination of
                              nuclear exports...................      391
                2159.     Congressional review procedures.......      392
                2160.     Subsequent arrangements...............      393
                2160e.    Congressional review and oversight of
                              agreements with Iran..............      394
                2210.     Indemnification and limitation of
                              liability.........................      395

                               Chapter 77--Energy Conservation

                6249c.    Contracts for which implementing
                              legislation is needed.............      396
                6272.     International voluntary agreements....      397
                6421.     Procedure for Congressional review of
                              Presidential requests to implement
                              certain authorities...............      398
                6422.     Expedited procedure for Congressional
                              consideration of certain
                              authorities.......................      399

                       Chapter 92--Powerplant and Industrial Fuel Use

                8374.     Emergency Authorities.................      400

                              Chapter 108--Nuclear Waste Policy

                10135.    Review of repository site selection...      401
                10155.    Storage of spent nuclear fuel.........      402

    [[Page 245]]

                10161.    Monitored retrievable storage.........      403
                10165.    Site selection........................      404
                10166.    Notice of disapproval.................      405
                10222.    Nuclear Waste Fund....................      406

                                   TITLE 43--PUBLIC LANDS

                                 Chapter 29--Submerged Lands

                1337.     Leases, easements, and rights-of-way
                              on the outer Continental Shelf....      407

                       Chapter 35--Federal Land Policy and Management

                1712.     Land use plans........................      408
                1713.     Sales of public land tracts...........      409
                1714.     Withdrawals of lands..................      410
                1722.     Sale of public lands subject to
                              unintentional trespass............      411

                        Chapter 38--Crude Oil Transportation Systems

                2008.     Procedures for waiver of Federal law..      412

                        TITLE 48--TERRITORIES AND INSULAR POSSESSIONS

                     Chapter 18--Micronesia, Marshall Islands, and Palau

                1901.     Approval of Compact of Free
                              Association.......................      413
                1931.     Approval of Compact of Free
                              Association.......................      414

                                  TITLE 49--TRANSPORTATION

                                    Chapter 449--Security

                44901
                note.     Identification standards..............      415

                             TITLE 50--WAR AND NATIONAL DEFENSE

                              Chapter 33--War Powers Resolution

                1543.     Reporting requirement.................      416
                1544.     Congressional action..................      417
                1545.     Congressional priority procedures for
                              joint resolution or bill..........      418
                1546.     Congressional priority procedures for
                              concurrent resolution.............      419
                1546a.    Expedited procedures for certain joint
                              resolutions and bills.............      420

                              Chapter 34--National Emergencies

                1621.     Declaration of national emergency by
                              President; publication in Federal
                              Register; effect on other laws;
                              superseding legislation...........      421
                1622.     National emergencies..................      422

                     Chapter 35--International Emergency Economic Powers

                1701
                note.     Burmese freedom and democracy.........      423
                1702.     Presidential authorities..............      424
                1706.     Savings provisions....................      425

    [[Page 246]]

                      TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

                       Chapter 509--Commercial Space Launch Activities

                50915.    Paying claims exceeding liability
                              insurance and financial
                              responsibility requirements.......      426

                               TITLE 52--VOTING AND ELECTIONS

                           Chapter 301--Federal Election Campaigns

                30111.    Administrative provisions.............      427

                                        Miscellaneous

                          Sec. Sec. 303(a-d), 602(c), 604, 740,
                              District of Columbia Home Rule Act 428-432
                          Pub. L. 94-329, International Security
                              Assistance and Arms Export Control
                              Act of 1976 (ISAAECA), title VI,
                              Sec. 601(b).......................      433