[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]]
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,
CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD TO
CONFERENCES AND CONFERENCE REPORTS\1\
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[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.]
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\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.
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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
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\2\So in original.
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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:
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\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).
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* * * * * * *
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
[[Page 239]]
[270]
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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
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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
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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
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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
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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
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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
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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