[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[Standing Rules of the Senate]
[Page 1]
[From the U.S. Government Printing Office, www.gpo.gov]
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STANDING RULES OF THE SENATE
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[The 1979 general revision of the rules was accomplished by
the adoption of S. Res. 274 on Nov. 14, 1979, a
resolution submitted by Mr. Robert C. Byrd for himself
and Mr. Baker; the preparation of the proposed revision
was pursuant to the adoption of S. Res. 156 on May 10,
1976, a resolution by Mr. Robert C. Byrd; the general
revision of the rules set forth in S. Res. 274 was
somewhat altered in form by the adoption of S. Res. 389
on Mar. 25, 1980, to consolidate and renumber certain
standing rules of the Senate.
[Changes to Senate rules since the last general revision in
1979 are indicated by footnotes in each succeeding
edition of the Senate Manual.
[For the origin of various changes in Senate procedure
between 1884 and 1979, as set forth in rules changes,
adopted resolutions, and Legislative Reorganization
Acts, see the table on p. XVI of Riddick's Senate
Procedure, 1992.]
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1 RULE I
APPOINTMENT OF A SENATOR TO THE CHAIR
1.1 1. In the absence of the Vice President, the Senate
shall choose a President pro tempore, who shall hold the
office and execute the duties thereof during the pleasure of
the Senate and until another is elected or his term of
office as a Senator expires.
1.2 2. In the absence of the Vice President, and pending the
election of a President pro tempore, the Acting President
pro tempore or the Secretary of the Senate, or in his
absence the Assistant Secretary, shall perform the duties of
the Chair.
1.3 3. The President pro tempore shall have the right to
name in open Senate or, if absent, in writing, a Senator to
perform the duties of the Chair, including the signing of
duly enrolled bills and joint resolutions but such
substitution shall not extend beyond an adjournment, except
by unanimous consent; and the Senator so named shall have
the right to name in open session, or, if absent, in
writing, a Senator to perform the duties of the Chair, but
not to
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extend beyond an adjournment, except by unanimous consent.
2 RULE II
PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE
2.1 1. The presentation of the credentials of Senators elect
or of Senators designate and other questions of privilege
shall always be in order, except during the reading and
correction of the Journal, while a question of order or a
motion to adjourn is pending, or while the Senate is voting
or ascertaining the presence of a quorum; and all questions
and motions arising or made upon the presentation of such
credentials shall be proceeded with until disposed of.
2.2 2. The Secretary shall keep a record of the certificates
of election and certificates of appointment of Senators by
entering in a well-bound book kept for that purpose the date
of the election or appointment, the name of the person
elected or appointed, the date of the certificate, the name
of the governor and the secretary of state signing and
counter-signing the same, and the State from which such
Senator is elected or appointed.
2.3 3. The Secretary of the Senate shall send copies of the
following recommended forms to the governor and secretary of
state of each State wherein an election is about to take
place or an appointment is to be made so that they may use
such forms if they see fit.
THE RECOMMENDED FORMS FOR CERTIFICATES OF ELECTION AND
CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS: \1\
``CERTIFICATE OF ELECTION FOR SIX-YEAR TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3d day of January, 20--.
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\1\ All year designations within the following
certificates were changed from 19 to 20 by S. Res. 99, 106-
2, Apr. 27, 2000.
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``Witness: His excellency our governor ----, and our
seal hereto affixed at ------ this -- day of ----, in the
year of our Lord 20--.
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``By the governor:
``C---- D----,
``Governor.
``E---- F----,
``Secretary of State.''
``CERTIFICATE OF ELECTION FOR UNEXPIRED TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator for the unexpired term ending at
noon on the 3d day of January, 20--, to fill the vacancy in
the representation from said State in the Senate of the
United States caused by the ---- of C---- D----.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ------ this -- day of ----, in the
year of our Lord 20--.
``By the governor:
``E---- F----,
``Governor.
``G---- H----,
``Secretary of State.''
``CERTIFICATE OF APPOINTMENT
``To the President of the Senate of the United States:
``This is to certify that, pursuant to the power vested
in me by the Constitution of the United States and the laws
of the State of ----, I, A---- B----, the governor of said
State, do hereby appoint C---- D---- a Senator from said
State to represent said State in the Senate of the United
States until the vacancy therein caused by the ---- of E----
F----, is filled by election as provided by law.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ------ this -- day of ----, in the
year of our Lord 20--.
``By the governor:
``G---- H----,
``Governor.
``I---- J----,
``Secretary of State.''
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3 RULE III
OATHS
The oaths or affirmations required by the Constitution
and prescribed by law shall be taken and subscribed by each
Senator, in open Senate, before entering upon his duties.
OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY
SENATORS
``I, A---- B---- do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to
enter: So help me God.'' (5 U.S.C. 3331.)
4 RULE IV
COMMENCEMENT OF DAILY SESSIONS
4.1a 1.(a) \2\ The Presiding Officer having taken the chair,
following the prayer by the Chaplain, and after the
Presiding Officer, or a Senator designated by the Presiding
Officer, leads the Senate from the dais in reciting the
Pledge of Allegiance to the Flag of the United States, and a
quorum being present, the Journal of the preceding day shall
be read unless by nondebatable motion the reading shall be
waived, the question being, ``Shall the Journal stand
approved to date?'', and any mistake made in the entries
corrected. Except as provided in subparagraph (b) the
reading of the Journal shall not be suspended unless by
unanimous consent; and when any motion shall be made to
amend or correct the same, it shall be deemed a privileged
question, and proceeded with until disposed of.
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\2\ As amended by S. Res. 28, 99-2, Feb. 27, 1986; S.
Res. 113, 106-1, June 23, 1999.
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4.1b (b) Whenever the Senate is proceeding under paragraph 2
of rule XXII, the reading of the Journal shall be dispensed
with and shall be considered approved to date.
4.1c (c) The proceedings of the Senate shall be briefly and
accurately stated on the Journal. Messages of the President
in full; titles of bills and resolutions, and such parts as
shall be affected by proposed amendments; every vote, and
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a brief statement of the contents of each petition,
memorial, or paper presented to the Senate, shall be
entered.
4.1d (d) The legislative, the executive, the confidential
legislative proceedings, and the proceedings when sitting as
a Court of Impeachment, shall each be recorded in a separate
book.
4.2 2. During a session of the Senate when that body is in
continuous session, the Presiding Officer shall temporarily
suspend the business of the Senate at noon each day for the
purpose of having the customary daily prayer by the
Chaplain.
5 RULE V
SUSPENSION AND AMENDMENT OF THE RULES
5.1 1. No motion to suspend, modify, or amend any rule, or
any part thereof, shall be in order, except on one day's
notice in writing, specifying precisely the rule or part
proposed to be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended without notice by
the unanimous consent of the Senate, except as otherwise
provided by the rules.
5.2 2. The rules of the Senate shall continue from one
Congress to the next Congress unless they are changed as
provided in these rules.
6 RULE VI
QUORUM--ABSENT SENATORS MAY BE SENT FOR
6.1 1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
6.2 2. No Senator shall absent himself from the service of
the Senate without leave.
6.3 3. If, at any time during the daily sessions of the
Senate, a question shall be raised by any Senator as to the
presence of a quorum, the Presiding Officer shall forthwith
direct the Secretary to call the roll and shall announce the
result, and these proceedings shall be without debate.
6.4 4. Whenever upon such roll call it shall be ascertained
that a quorum is not present, a majority of the Senators
present may direct the Sergeant at Arms to request, and,
when necessary, to compel the attendance of the absent
Senators, which order shall be determined without debate;
and pending its execution, and until a quorum shall be
present, no debate nor motion, except to adjourn, or to re
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cess pursuant to a previous order entered by unanimous
consent, shall be in order.
7 RULE VII
MORNING BUSINESS
7.1 1. On each legislative day after the Journal is read,
the Presiding Officer on demand of any Senator shall lay
before the Senate messages from the President, reports and
communications from the heads of Departments, and other
communications addressed to the Senate, and such bills,
joint resolutions, and other messages from the House of
Representatives as may remain upon his table from any
previous day's session undisposed of. The Presiding Officer
on demand of any Senator shall then call for, in the
following order:
The presentation of petitions and memorials.
Reports of committees.
The introduction of bills and joint resolutions.
The submission of other resolutions.
All of which shall be received and disposed of in such
order, unless unanimous consent shall be otherwise given,
with newly offered resolutions being called for before
resolutions coming over from a previous legislative day are
laid before the Senate.
7.2 2. Until the morning business shall have been concluded,
and so announced from the Chair, or until one hour after the
Senate convenes at the beginning of a new legislative day,
no motion to proceed to the consideration of any bill,
resolution, report of a committee, or other subject upon the
Calendar shall be entertained by the Presiding Officer,
unless by unanimous consent: Provided, however, That on
Mondays which are the beginning of a legislative day the
Calendar shall be called under rule VIII, and until two
hours after the Senate convenes no motion shall be
entertained to proceed to the consideration of any bill,
resolution, or other subject upon the Calendar except the
motion to continue the consideration of a bill, resolution,
or other subject against objection as provided in rule VIII,
or until the call of the Calendar has been completed.
7.3 3. The Presiding Officer may at any time lay, and it
shall be in order at any time for a Senator to move to lay,
before the Senate, any bill or other matter sent to the
Senate by the President or the House of Representatives for
appropriate action allowed under the rules and any question
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pending at that time shall be suspended for this purpose.
Any motion so made shall be determined without debate.
7.4 4. Petitions or memorials shall be referred, without
debate, to the appropriate committee according to subject
matter on the same basis as bills and resolutions, if signed
by the petitioner or memorialist. A question of receiving or
reference may be raised and determined without debate. But
no petition or memorial or other paper signed by citizens or
subjects of a foreign power shall be received, unless the
same be transmitted to the Senate by the President.
7.5 5. Only a brief statement of the contents of petitions
and memorials shall be printed in the Congressional Record;
and no other portion of any petition or memorial shall be
printed in the Record unless specifically so ordered by vote
of the Senate, as provided for in paragraph 4 of rule XI, in
which case the order shall be deemed to apply to the body of
the petition or memorial only; and names attached to the
petition or memorial shall not be printed unless specially
ordered, except that petitions and memorials from the
legislatures or conventions, lawfully called, of the
respective States, Territories, and insular possessions
shall be printed in full in the Record whenever presented.
7.6 6. Senators having petitions, memorials, bills, or
resolutions to present after the morning hour may deliver
them in the absence of objection to the Presiding Officer's
desk, endorsing upon them their names, and with the approval
of the Presiding Officer, they shall be entered on the
Journal with the names of the Senators presenting them and
in the absence of objection shall be considered as having
been read twice and referred to the appropriate committees,
and a transcript of such entries shall be furnished to the
official reporter of debates for publication in the
Congressional Record, under the direction of the Secretary
of the Senate.
8 RULE VIII
ORDER OF BUSINESS
8.1 1. At the conclusion of the morning business at the
beginning of a new legislative day, unless upon motion the
Senate shall at any time otherwise order, the Senate shall
proceed to the consideration of the Calendar of Bills and
Resolutions, and shall continue such consideration until 2
hours after the Senate convenes on such day (the end of the
morning hour); and bills and resolutions that are not ob
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jected to shall be taken up in their order, and each Senator
shall be entitled to speak once and for five minutes only
upon any question; and an objection may be interposed at any
stage of the proceedings, but upon motion the Senate may
continue such consideration; and this order shall commence
immediately after the call for ``other resolutions'', or
after disposition of resolutions coming ``over under the
rule'', and shall take precedence of the unfinished business
and other special orders. But if the Senate shall proceed on
motion with the consideration of any matter notwithstanding
an objection, the foregoing provisions touching debate shall
not apply.
8.2 2. All motions made during the first two hours of a new
legislative day to proceed to the consideration of any
matter shall be determined without debate, except motions to
proceed to the consideration of any motion, resolution, or
proposal to change any of the Standing Rules of the Senate
shall be debatable. Motions made after the first two hours
of a new legislative day to proceed to the consideration of
bills and resolutions are debatable.
9 RULE IX
MESSAGES
9.1 1. Messages from the President of the United States or
from the House of Representatives may be received at any
stage of proceedings, except while the Senate is voting or
ascertaining the presence of a quorum, or while the Journal
is being read, or while a question of order or a motion to
adjourn is pending.
9.2 2. Messages shall be sent to the House of
Representatives by the Secretary, who shall previously
certify the determination of the Senate upon all bills,
joint resolutions, and other resolutions which may be
communicated to the House, or in which its concurrence may
be requested; and the Secretary shall also certify and
deliver to the President of the United States all
resolutions and other communications which may be directed
to him by the Senate.
10 RULE X
SPECIAL ORDERS
10.1 1. Any subject may, by a vote of two-thirds of the
Senators present, be made a special order of business for
consideration and when the time so fixed for its
consideration
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arrives the Presiding Officer shall lay it before the
Senate, unless there be unfinished business in which case it
takes its place on the Calendar of Special Orders in the
order of time at which it was made special, to be considered
in that order when there is no unfinished business.
10.2 2. All motions to change such order, or to proceed to
the consideration of other business, shall be decided
without debate.
11 RULE XI
PAPERS--WITHDRAWAL, PRINTING, READING OF, AND REFERENCE
11.1 1. No memorial or other paper presented to the Senate,
except original treaties finally acted upon, shall be
withdrawn from its files except by order of the Senate.
11.2 2. The Secretary of the Senate shall obtain at the close
of each Congress all the noncurrent records of the Senate
and of each Senate committee and transfer them to the
General Services Administration for preservation, subject to
the orders of the Senate.
11.3 3. When the reading of a paper is called for, and
objected to, it shall be determined by a vote of the Senate,
without debate.
11.4 4. Every motion or resolution to print documents,
reports, and other matter transmitted by the executive
departments, or to print memorials, petitions, accompanying
documents, or any other paper, except bills of the Senate or
House of Representatives, resolutions submitted by a
Senator, communications from the legislatures or
conventions, lawfully called, of the respective States,
shall, unless the Senate otherwise order, be referred to the
Committee on Rules and Administration. When a motion is made
to commit with instructions, it shall be in order to add
thereto a motion to print.
11.5 5. Motions or resolutions to print additional numbers
shall also be referred to the Committee on Rules and
Administration; and when the committee shall report
favorably, the report shall be accompanied by an estimate of
the probable cost thereof; and when the cost of printing
such additional numbers shall exceed the sum established by
law, the concurrence of the House of Representatives shall
be necessary for an order to print the same.
11.6 6. Every bill and joint resolution introduced or
reported from a committee, and all bills and joint
resolutions re
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ceived from the House of Representatives, and all reports of
committees, shall be printed, unless, for the dispatch of
the business of the Senate, such printing may be dispensed
with.
12 RULE XII
VOTING PROCEDURE
12.1 1. When the yeas and nays are ordered, the names of
Senators shall be called alphabetically; and each Senator
shall, without debate, declare his assent or dissent to the
question, unless excused by the Senate; and no Senator shall
be permitted to vote after the decision shall have been
announced by the Presiding Officer, but may for sufficient
reasons, with unanimous consent, change or withdraw his
vote. No motion to suspend this rule shall be in order, nor
shall the Presiding Officer entertain any request to suspend
it by unanimous consent.
12.2 2. When a Senator declines to vote on call of his name,
he shall be required to assign his reasons therefor, and
having assigned them, the Presiding Officer shall submit the
question to the Senate: ``Shall the Senator for the reasons
assigned by him, be excused from voting?'' which shall be
decided without debate; and these proceedings shall be had
after the rollcall and before the result is announced; and
any further proceedings in reference thereto shall be after
such announcement.
12.3 3. A Member, notwithstanding any other provisions of
this rule, may decline to vote, in committee or on the
floor, on any matter when he believes that his voting on
such a matter would be a conflict of interest.
12.4 4. No request by a Senator for unanimous consent for the
taking of a final vote on a specified date upon the passage
of a bill or joint resolution shall be submitted to the
Senate for agreement thereto until after a quorum call
ordered for the purpose by the Presiding Officer, it shall
be disclosed that a quorum of the Senate is present; and
when a unanimous consent is thus given the same shall
operate as the order of the Senate, but any unanimous
consent may be revoked by another unanimous consent granted
in the manner prescribed above upon one day's notice.
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13 RULE XIII
RECONSIDERATION
13.1 1. When a question has been decided by the Senate, any
Senator voting with the prevailing side or who has not voted
may, on the same day or on either of the next two days of
actual session thereafter, move a reconsideration; and if
the Senate shall refuse to reconsider such a motion entered,
or if such a motion is withdrawn by leave of the Senate, or
if upon reconsideration the Senate shall affirm its first
decision, no further motion to reconsider shall be in order
unless by unanimous consent. Every motion to reconsider
shall be decided by a majority vote, and may be laid on the
table without affecting the question in reference to which
the same is made, which shall be a final disposition of the
motion.
13.2 2. When a bill, resolution, report, amendment, order, or
message, upon which a vote has been taken, shall have gone
out of the possession of the Senate and been communicated to
the House of Representatives, the motion to reconsider shall
be accompanied by a motion to request the House to return
the same; which last motion shall be acted upon immediately,
and without debate, and if determined in the negative shall
be a final disposition of the motion to reconsider.
14 RULE XIV
BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO
14.1 1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
14.2 2. Every bill and joint resolution shall receive three
readings previous to its passage which readings on demand of
any Senator shall be on three different legislative days,
and the Presiding Officer shall give notice at each reading
whether it be the first, second, or third: Provided, That
each reading may be by title only, unless the Senate in any
case shall otherwise order.
14.3 3. No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee; bills and joint resolutions
introduced on leave, and bills and joint resolutions from
the House of Representatives, shall be read once, and
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may be read twice, if not objected to, on the same day for
reference, but shall not be considered on that day nor
debated, except for reference, unless by unanimous consent.
14.4 4. Every bill and joint resolution reported from a
committee, not having previously been read, shall be read
once, and twice, if not objected to, on the same day, and
placed on the Calendar in the order in which the same may be
reported; and every bill and joint resolution introduced on
leave, and every bill and joint resolution of the House of
Representatives which shall have received a first and second
reading without being referred to a committee, shall, if
objection be made to further proceeding thereon, be placed
on the Calendar.
14.5 5. All bills, amendments, and joint resolutions shall be
examined under the supervision of the Secretary of the
Senate before they go out of the possession of the Senate,
and all bills and joint resolutions which shall have passed
both Houses shall be examined under the supervision of the
Secretary of the Senate, to see that the same are correctly
enrolled, and, when signed by the Speaker of the House and
the President of the Senate, the Secretary of the Senate
shall forthwith present the same, when they shall have
originated in the Senate, to the President of the United
States and report the fact and date of such presentation to
the Senate.
14.6 6. All other resolutions shall lie over one day for
consideration, if not referred, unless by unanimous consent
the Senate shall otherwise direct. When objection is heard
to the immediate consideration of a resolution or motion
when it is submitted, it shall be placed on the Calendar
under the heading of ``Resolutions and Motions over, under
the Rule,'' to be laid before the Senate on the next
legislative day when there is no further morning business
but before the close of morning business and before the
termination of the morning hour.
14.7 7. When a bill or joint resolution shall have been
ordered to be read a third time, it shall not be in order to
propose amendments, unless by unanimous consent, but it
shall be in order at any time before the passage of any bill
or resolution to move its commitment; and when the bill or
resolution shall again be reported from the committee it
shall be placed on the Calendar.
14.8 8. When a bill or resolution is accompanied by a
preamble, the question shall first be put on the bill or
resolu
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tion and then on the preamble, which may be withdrawn by a
mover before an amendment of the same, or ordering of the
yeas and nays; or it may be laid on the table without
prejudice to the bill or resolution, and shall be a final
disposition of such preamble.
14.9 9. Whenever a private bill, except a bill for a pension,
is under consideration, it shall be in order to move the
adoption of a resolution to refer the bill to the Chief
Commissioner of the Court of Claims for a report in
conformity with section 2509 of Title 28, United States
Code.
14.10 10. No private bill or resolution (including so-called
omnibus claims or pension bills), and no amendment to any
bill or resolution, authorizing or directing (1) the payment
of money for property damages, personal injuries, or death,
for which a claim may be filed under chapter 171 of Title
28, United States Code, or for a pension (other than to
carry out a provision of law or treaty stipulation); (2) the
construction of a bridge across a navigable stream; or (3)
the correction of a military or naval record, shall be
received or considered.
15 RULE XV
AMENDMENTS AND MOTIONS
15.1 1. All motions and amendments shall be reduced to
writing, if desired by the Presiding Officer or by any
Senator, and shall be read before the same shall be debated.
15.2 2. Any motion, amendment, or resolution may be withdrawn
or modified by the mover at any time before a decision,
amendment, or ordering of the yeas and nays, except a motion
to reconsider, which shall not be withdrawn without leave.
15.3 3. If the question in debate contains several
propositions, any Senator may have the same divided, except
a motion to strike out and insert, which shall not be
divided; but the rejection of a motion to strike out and
insert one proposition shall not prevent a motion to strike
out and insert a different proposition; nor shall it prevent
a motion simply to strike out; nor shall the rejection of a
motion to strike out prevent a motion to strike out and
insert. But pending a motion to strike out and insert, the
part to be stricken out and the part to be inserted shall
each be regarded for the purpose of amendment as a question,
and motions to amend the part to be stricken out shall have
precedence.
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15.4 4. When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice,
such measure.
15.5 5. It shall not be in order to consider any proposed
committee amendment (other than a technical, clerical, or
conforming amendment) which contains any significant matter
not within the jurisdiction of the committee proposing such
amendment.
16 RULE XVI
APPROPRIATIONS AND AMENDMENTS TO GENERAL APPROPRIATIONS
BILLS
16.1 1. On a point of order made by any Senator, no
amendments shall be received to any general appropriation
bill the effect of which will be to increase an
appropriation already contained in the bill, or to add a new
item of appropriation, unless it be made to carry out the
provisions of some existing law, or treaty stipulation, or
act or resolution previously passed by the Senate during
that session; or unless the same be moved by direction of
the Committee on Appropriations or of a committee of the
Senate having legislative jurisdiction of the subject
matter, or proposed in pursuance of an estimate submitted in
accordance with law.
16.2 2. The Committee on Appropriations shall not report an
appropriation bill containing amendments to such bill
proposing new or general legislation or any restriction on
the expenditure of the funds appropriated which proposes a
limitation not authorized by law if such restriction is to
take effect or cease to be effective upon the happening of a
contingency, and if an appropriation bill is reported to the
Senate containing amendments to such bill proposing new or
general legislation or any such restriction, a point of
order may be made against the bill, and if the point is
sustained, the bill shall be recommitted to the Committee on
Appropriations.
16.3 3. All amendments to general appropriation bills moved
by direction of a committee having legislative jurisdiction
of the subject matter proposing to increase an appropriation
already contained in the bill, or to add new items of
appropriation, shall, at least one day before they are
considered, be referred to the Committee on Appropriations,
and when actually proposed to the bill no amendment pro
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posing to increase the amount stated in such amendment shall
be received on a point of order made by any Senator.
16.4 4. On a point of order made by any Senator, no amendment
offered by any other Senator which proposes general
legislation shall be received to any general appropriation
bill, nor shall any amendment not germane or relevant to the
subject matter contained in the bill be received; nor shall
any amendment to any item or clause of such bill be received
which does not directly relate thereto; nor shall any
restriction on the expenditure of the funds appropriated
which proposes a limitation not authorized by law be
received if such restriction is to take effect or cease to
be effective upon the happening of a contingency; and all
questions of relevancy of amendments under this rule, when
raised, shall be submitted to the Senate and be decided
without debate; and any such amendment or restriction to a
general appropriation bill may be laid on the table without
prejudice to the bill.
16.5 5. On a point of order made by any Senator, no
amendment, the object of which is to provide for a private
claim, shall be received to any general appropriation bill,
unless it be to carry out the provisions of an existing law
or a treaty stipulation, which shall be cited on the face of
the amendment.
16.6 6. When a point of order is made against any restriction
on the expenditure of funds appropriated in a general
appropriation bill on the ground that the restriction
violates this rule, the rule shall be construed strictly
and, in case of doubt, in favor of the point of order.
16.7 7. Every report on general appropriation bills filed by
the Committee on Appropriations shall identify with
particularity each recommended amendment which proposes an
item of appropriation which is not made to carry out the
provisions of an existing law, a treaty stipulation, or an
act or resolution previously passed by the Senate during
that session.
16.8 8. On a point of order made by any Senator, no general
appropriation bill or amendment thereto shall be received or
considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this
provision shall not apply to appropriations in continuation
of appropriations for public works on which work has
commenced.
[[Page 16]]
17 RULE XVII
REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF
COMMITTEES; AND HEARINGS AVAILABLE
17.1 1. Except as provided in paragraph 3, in any case in
which a controversy arises as to the jurisdiction of any
committee with respect to any proposed legislation, the
question of jurisdiction shall be decided by the presiding
officer, without debate, in favor of the committee which has
jurisdiction over the subject matter which predominates in
such proposed legislation; but such decision shall be
subject to an appeal.
17.2 2. A motion simply to refer shall not be open to
amendment, except to add instructions.
17.3a 3. (a) Upon motion by both the majority leader or his
designee and the minority leader or his designee, proposed
legislation may be referred to two or more committees
jointly or sequentially. Notice of such motion and the
proposed legislation to which it relates shall be printed in
the Congressional Record. The motion shall be privileged,
but it shall not be in order until the Congressional Record
in which the notice is printed has been available to
Senators for at least twenty-four hours. No amendment to any
such motion shall be in order except amendments to any
instructions contained therein. Debate on any such motion,
and all amendments thereto and debatable motions and appeals
in connection therewith, shall be limited to not more than
two hours, the time to be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
17.3b (b) Proposed legislation which is referred to two or
more committees jointly may be reported only by such
committees jointly and only one report may accompany any
proposed legislation so jointly reported.
17.3c (c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
17.3d (d) Any motion under this paragraph may specify the
portion or portions of proposed legislation to be considered
by the committees, or any of them, to which such proposed
legislation is referred, and such committees or committee
shall be limited, in the consideration of such proposed
legislation, to the portion or portions so specified.
17.3e (e) Any motion under this subparagraph may contain
instructions with respect to the time allowed for consider
[[Page 17]]
ation by the committees, or any of them, to which proposed
legislation is referred and the discharge of such
committees, or any of them, from further consideration of
such proposed legislation.
17.4a 4. (a) All reports of committees and motions to
discharge a committee from the consideration of a subject,
and all subjects from which a committee shall be discharged,
shall lie over one day for consideration, unless by
unanimous consent the Senate shall otherwise direct.
17.4b (b) Whenever any committee (except the Committee on
Appropriations) has reported any measure, by action taken in
conformity with the requirements of paragraph 7 of rule
XXVI, no point of order shall lie with respect to that
measure on the ground that hearings upon that measure by the
committee were not conducted in accordance with the
provisions of paragraph 4 of rule XXVI.
17.5 5.\3\ Any measure or matter reported by any standing
committee shall not be considered in the Senate unless the
report of that committee upon that measure or matter has
been available to Members for at least two calendar days
(excluding Sundays and legal holidays) prior to the
consideration of that measure or matter. If hearings have
been held on any such measure or matter so reported, the
committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and
available for distribution to the Members of the Senate
prior to the consideration of such measure or matter in the
Senate. This paragraph--
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\3\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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(1) may be waived by joint agreement of the
majority leader and the minority leader of the
Senate; and
(2) shall not apply to--
(A) any measure for the declaration of
war, or the declaration of a national
emergency, by the Congress, and
(B) any executive decision,
determination, or action which would become,
or continue to be, effective unless
disapproved or otherwise invalidated by one
or both Houses of Congress.
[[Page 18]]
18 RULE XVIII
BUSINESS CONTINUED FROM SESSION TO SESSION
At the second or any subsequent session of a Congress
the legislative business of the Senate which remained
undetermined at the close of the next preceding session of
that Congress shall be resumed and proceeded with in the
same manner as if no adjournment of the Senate had taken
place.
19 RULE XIX
DEBATE
19.1a 1. (a) When a Senator desires to speak, he shall rise
and address the Presiding Officer, and shall not proceed
until he is recognized, and the Presiding Officer shall
recognize the Senator who shall first address him. No
Senator shall interrupt another Senator in debate without
his consent, and to obtain such consent he shall first
address the Presiding Officer, and no Senator shall speak
more than twice upon any one question in debate on the same
legislative day without leave of the Senate, which shall be
determined without debate.
19.1b (b) At the conclusion of the morning hour at the
beginning of a new legislative day or after the unfinished
business or any pending business has first been laid before
the Senate on any calendar day, and until after the duration
of three hours of actual session after such business is laid
down except as determined to the contrary by unanimous
consent or on motion without debate, all debate shall be
germane and confined to the specific question then pending
before the Senate.
19.2 2. No Senator in debate shall, directly or indirectly,
by any form of words impute to another Senator or to other
Senators any conduct or motive unworthy or unbecoming a
Senator.
19.3 3. No Senator in debate shall refer offensively to any
State of the Union.
19.4 4. If any Senator, in speaking or otherwise, in the
opinion of the Presiding Officer transgress the rules of the
Senate the Presiding Officer shall, either on his own motion
or at the request of any other Senator, call him to order;
and when a Senator shall be called to order he shall take
his seat, and may not proceed without leave of the Senate,
which, if granted, shall be upon motion that he be allowed
[[Page 19]]
to proceed in order, which motion shall be determined
without debate. Any Senator directed by the Presiding
Officer to take his seat, and any Senator requesting the
Presiding Officer to require a Senator to take his seat, may
appeal from the ruling of the Chair, which appeal shall be
open to debate.
19.5 5. If a Senator be called to order for words spoken in
debate, upon the demand of the Senator or of any other
Senator, the exceptionable words shall be taken down in
writing, and read at the table for the information of the
Senate.
19.6 6. Whenever confusion arises in the Chamber or the
galleries, or demonstrations of approval or disapproval are
indulged in by the occupants of the galleries, it shall be
the duty of the Chair to enforce order on his own initiative
and without any point of order being made by a Senator.
19.7 7. No Senator shall introduce to or bring to the
attention of the Senate during its sessions any occupant in
the galleries of the Senate. No motion to suspend this rule
shall be in order, nor may the Presiding Officer entertain
any request to suspend it by unanimous consent.
19.8 8. Former Presidents of the United States shall be
entitled to address the Senate upon appropriate notice to
the Presiding Officer who shall thereupon make the necessary
arrangements.
20 RULE XX
QUESTIONS OF ORDER
20.1 1. A question of order may be raised at any stage of the
proceedings, except when the Senate is voting or
ascertaining the presence of a quorum, and, unless submitted
to the Senate, shall be decided by the Presiding Officer
without debate, subject to an appeal to the Senate. When an
appeal is taken, any subsequent question of order which may
arise before the decision of such appeal shall be decided by
the Presiding Officer without debate; and every appeal
therefrom shall be decided at once, and without debate; and
any appeal may be laid on the table without prejudice to the
pending proposition, and thereupon shall be held as
affirming the decision of the Presiding Officer.
20.2 2. The Presiding Officer may submit any question of
order for the decision of the Senate.
[[Page 20]]
21 RULE XXI
SESSION WITH CLOSED DOORS
21.1 1. On a motion made and seconded to close the doors of
the Senate, on the discussion of any business which may, in
the opinion of a Senator, require secrecy, the Presiding
Officer shall direct the galleries to be cleared; and during
the discussion of such motion the doors shall remain closed.
21.2 2. When the Senate meets in closed session, any
applicable provisions of rules XXIX and XXXI, including the
confidentiality of information shall apply to any
information and to the conduct of any debate transacted.
22 RULE XXII
PRECEDENCE OF MOTIONS
22.1 1. When a question is pending, no motion shall be
received but--
To adjourn.
To adjourn to a day certain, or that when the
Senate adjourn it shall be to a day certain.
To take a recess.
To proceed to the consideration of executive
business.
To lay on the table.
To postpone indefinitely.
To postpone to a day certain.
To commit.
To amend.
Which several motions shall have precedence as they stand
arranged; and the motions relating to adjournment, to take a
recess, to proceed to the consideration of executive
business, to lay on the table, shall be decided without
debate.
22.2 2.\4\ Notwithstanding the provisions of rule II or rule
IV or any other rule of the Senate, at any time a motion
signed by sixteen Senators, to bring to a close the debate
upon any measure, motion, other matter pending before the
Senate, or the unfinished business, is presented to the
Senate, the Presiding Officer, or clerk at the direction of
the Presiding Officer, shall at once state the motion to the
Senate, and one hour after the Senate meets on the following
calendar day but one, he shall lay the motion before the
Senate and direct that the clerk call the roll, and upon the
[[Page 21]]
ascertainment that a quorum is present, the Presiding
Officer shall, without debate, submit to the Senate by a
yea-and-nay vote the question:
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\4\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
``Is it the sense of the Senate that the debate shall be
brought to a close?''
And if that question shall be decided in the affirmative
by three-fifths of the Senators duly chosen and sworn--
except on a measure or motion to amend the Senate rules, in
which case the necessary affirmative vote shall be two-
thirds of the Senators present and voting--then said
measure, motion, or other matter pending before the Senate,
or the unfinished business, shall be the unfinished business
to the exclusion of all other business until disposed of.
Thereafter no Senator shall be entitled to speak in all
more than one hour on the measure, motion, or other matter
pending before the Senate, or the unfinished business, the
amendments thereto and motions affecting the same, and it
shall be the duty of the Presiding Officer to keep the time
of each Senator who speaks. Except by unanimous consent, no
amendment shall be proposed after the vote to bring the
debate to a close, unless it had been submitted in writing
to the Journal Clerk by 1 o'clock p.m. on the day following
the filing of the cloture motion if an amendment in the
first degree, and unless it had been so submitted at least
one hour prior to the beginning of the cloture vote if an
amendment in the second degree. No dilatory motion, or
dilatory amendment, or amendment not germane shall be in
order. Points of order, including questions of relevancy,
and appeals from the decision of the Presiding Officer,
shall be decided without debate.
After no more than thirty hours of consideration of the
measure, motion, or other matter on which cloture has been
invoked, the Senate shall proceed, without any further
debate on any question, to vote on the final disposition
thereof to the exclusion of all amendments not then actually
pending before the Senate at that time and to the exclusion
of all motions, except a motion to table, or to reconsider
and one quorum call on demand to establish the presence of a
quorum (and motions required to establish a quorum)
immediately before the final vote begins. The thirty hours
may be increased by the adoption of a motion, decided
without debate, by a three-fifths affirmative vote of the
Senators duly chosen and sworn, and any such time thus
agreed upon shall be equally divided between and con
[[Page 22]]
trolled by the Majority and Minority Leaders or their
designees. However, only one motion to extend time,
specified above, may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted
after cloture has been invoked, amendments which were in
order prior to the reprinting of the measure or matter will
continue to be in order and may be conformed and reprinted
at the request of the amendment's sponsor. The conforming
changes must be limited to lineation and pagination.
No Senator shall call up more than two amendments until
every other Senator shall have had the opportunity to do
likewise.
Notwithstanding other provisions of this rule, a Senator
may yield all or part of his one hour to the majority or
minority floor managers of the measure, motion, or matter or
to the Majority or Minority Leader, but each Senator
specified shall not have more than two hours so yielded to
him and may in turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any
Senator who has not used or yielded at least ten minutes,
is, if he seeks recognition, guaranteed up to ten minutes,
inclusive, to speak only.
After cloture is invoked, the reading of any amendment,
including House amendments, shall be dispensed with when the
proposed amendment has been identified and has been
available in printed form at the desk of the Members for not
less than twenty-four hours.
23 RULE XXIII
PRIVILEGE OF THE FLOOR
Other than the Vice President and Senators, no person
shall be admitted to the floor of the Senate while in
session, except as follows:
The President of the United States and his private
secretary.
The President elect and Vice President elect of the
United States.
Ex-Presidents and ex-Vice Presidents of the United
States.
Judges of the Supreme Court.
Ex-Senators and Senators elect.
The officers and employees of the Senate in the
discharge of their official duties.
Ex-Secretaries and ex-Sergeants at Arms of the Senate.
[[Page 23]]
Members of the House of Representatives and Members
elect.
Ex-Speakers of the House of Representatives.
The Sergeant at Arms of the House and his chief deputy
and the Clerk of the House and his deputy.
Heads of the Executive Departments.
Ambassadors and Ministers of the United States.
Governors of States and Territories.
Members of the Joint Chiefs of Staff.
The General Commanding the Army.
The Senior Admiral of the Navy on the active list.
Members of National Legislatures of foreign countries
and Members of the European Parliament.
Judges of the Court of Claims.
The Mayor of the District of Columbia.
The Librarian of Congress and the Assistant Librarian in
charge of the Law Library.
The Architect of the Capitol.
The Chaplain of the House of Representatives.
The Secretary of the Smithsonian Institution.
The Parliamentarian Emeritus of the Senate.
Members of the staffs of committees of the Senate and
joint committees of the Congress when in the discharge of
their official duties and employees in the office of a
Senator when in the discharge of their official duties (but
in each case subject to such rules or regulations as may be
prescribed by the Committee on Rules and Administration).
Senate committee staff members and employees in the office
of a Senator must be on the payroll of the Senate and
members of joint committee staffs must be on the payroll of
the Senate or the House of Representatives.
24 RULE XXIV
APPOINTMENT OF COMMITTEES
24.1 1. In the appointment of the standing committees, or to
fill vacancies thereon, the Senate, unless otherwise
ordered, shall by resolution appoint the chairman of each
such committee and the other members thereof. On demand of
any Senator, a separate vote shall be had on the appointment
of the chairman of any such committee and on the appointment
of the other members thereof. Each such resolution shall be
subject to amendment and to division of the question.
[[Page 24]]
24.2 2. On demand of one-fifth of the Senators present, a
quorum being present, any vote taken pursuant to paragraph 1
shall be by ballot.
24.3 3. Except as otherwise provided or unless otherwise
ordered, all other committees, and the chairmen thereof,
shall be appointed in the same manner as standing
committees.
24.4 4. When a chairman of a committee shall resign or cease
to serve on a committee, action by the Senate to fill the
vacancy in such committee, unless specially otherwise
ordered, shall be only to fill up the number of members of
the committee, and the election of a new chairman.
25 RULE XXV
STANDING COMMITTEES
25.1 1. The following standing committees shall be appointed
at the commencement of each Congress, and shall continue and
have the power to act until their successors are appointed,
with leave to report by bill or otherwise on matters within
their respective jurisdictions:
25.1a (a) (1) Committee on Agriculture, Nutrition, and
Forestry, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating primarily to the following subjects:
1. Agricultural economics and research.
2. Agricultural extension services and experiment
stations.
3. Agricultural production, marketing, and stabilization
of prices.
4. Agriculture and agricultural commodities.
5. Animal industry and diseases.
6. Crop insurance and soil conservation.
7. Farm credit and farm security.
8. Food from fresh waters.
9. Food stamp programs.
10. Forestry, and forest reserves and wilderness areas
other than those created from the public domain.
11. Home economics.
12. Human nutrition.
13. Inspection of livestock, meat, and agricultural
products.
14. Pests and pesticides.
15. Plant industry, soils, and agricultural engineering.
[[Page 25]]
16. Rural development, rural electrification, and
watersheds.
17. School nutrition programs.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to food, nutrition,
and hunger, both in the United States and in foreign
countries, and rural affairs, and report thereon from time
to time.
25.1b (b) Committee on Appropriations, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Appropriation of the revenue for the support of the
Government, except as provided in subparagraph (e).
2. Rescission of appropriations contained in
appropriation Acts (referred to in section 105 of Title 1,
United States Code).
3. The amount of new spending authority described in
section 401(c)(2) (A) and (B) of the Congressional Budget
Act of 1974 which is to be effective for a fiscal year.
4. New spending authority described in section
401(c)(2)(C) of the Congressional Budget Act of 1974
provided in bills and resolutions referred to the committee
under section 401(b)(2) of that Act (but subject to the
provisions of section 401(b)(3) of that Act).
25.1c (c) (1) Committee on Armed Services, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Aeronautical and space activities peculiar to or
primarily associated with the development of weapons systems
or military operations.
2. Common defense.
3. Department of Defense, the Department of the Army,
the Department of the Navy, and the Department of the Air
Force, generally.
4. Maintenance and operation of the Panama Canal,
including administration, sanitation, and government of the
Canal Zone.
5. Military research and development.
6. National security aspects of nuclear energy.
7. Naval petroleum reserves, except those in Alaska.
[[Page 26]]
8. Pay, promotion, retirement, and other benefits and
privileges of members of the Armed Forces, including
overseas education of civilian and military dependents.
9. Selective service system.
10. Strategic and critical materials necessary for the
common defense.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the common defense
policy of the United States, and report thereon from time to
time.
25.1d (d) (1) Committee on Banking, Housing, and Urban
Affairs, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
1. Banks, banking, and financial institutions.
2. Control of prices of commodities, rents, and
services.
3. Deposit insurance.
4. Economic stabilization and defense production.
5. Export and foreign trade promotion.
6. Export controls.
7. Federal monetary policy, including Federal Reserve
System.
8. Financial aid to commerce and industry.
9. Issuance and redemption of notes.
10. Money and credit, including currency and coinage.
11. Nursing home construction.
12. Public and private housing (including veterans'
housing).
13. Renegotiation of Government contracts.
14. Urban development and urban mass transit.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to international
economic policy as it affects United States monetary
affairs, credit, and financial institutions; economic
growth, urban affairs, and credit, and report thereon from
time to time.
25.1e (e) (1) Committee on the Budget, to which committee
shall be referred all concurrent resolutions on the budget
(as defined in section 3(a)(4) of the Congressional Budget
Act of 1974) and all other matters required to be referred
to that committee under Titles III and IV of that Act, and
messages, petitions, memorials, and other matters relating
thereto.
(2) Such committee shall have the duty--
[[Page 27]]
(A) to report the matters required to be
reported by it under Titles III and IV of the
Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on
budget outlays of relevant existing and proposed
legislation and to report the results of such
studies to the Senate on a recurring basis;
(C) to request and evaluate continuing studies
of tax expenditures, to devise methods of
coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report
the results of such studies to the Senate on a
recurring basis; and
(D) to review, on a continuing basis, the
conduct by the Congressional Budget Office of its
functions and duties.
25.1f (f) (1) Committee on Commerce, Science, and
Transportation, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Coast Guard.
2. Coastal zone management.
3. Communications.
4. Highway safety.
5. Inland waterways, except construction.
6. Interstate commerce.
7. Marine and ocean navigation, safety, and
transportation, including navigational aspects of deepwater
ports.
8. Marine fisheries.
9. Merchant marine and navigation.
10. Nonmilitary aeronautical and space sciences.
11. Oceans, weather, and atmospheric activities.
12. Panama Canal and interoceanic canals generally,
except as provided in subparagraph (c).
13. Regulation of consumer products and services,
including testing related to toxic substances, other than
pesticides, and except for credit, financial services, and
housing.
14. Regulation of interstate common carriers, including
railroads, buses, trucks, vessels, pipelines, and civil
aviation.
15. Science, engineering, and technology research and
development and policy.
16. Sports.
17. Standards and measurement.
[[Page 28]]
18. Transportation.
19. Transportation and commerce aspects of Outer
Continental Shelf lands.
(2) Such committee shall also study and review, on a
comprehensive basis, all matters relating to science and
technology, oceans policy, transportation, communications,
and consumer affairs, and report thereon from time to time.
25.1g (g) (1) Committee on Energy and Natural Resources, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Coal production, distribution, and utilization.
2. Energy policy.
3. Energy regulation and conservation.
4. Energy related aspects of deepwater ports.
5. Energy research and development.
6. Extraction of minerals from oceans and Outer
Continental Shelf lands.
7. Hydroelectric power, irrigation, and reclamation.
8. Mining education and research.
9. Mining, mineral lands, mining claims, and mineral
conservation.
10. National parks, recreation areas, wilderness areas,
wild and scenic rivers, historical sites, military parks and
battlefields, and on the public domain, preservation of
prehistoric ruins and objects of interest.
11. Naval petroleum reserves in Alaska.
12. Nonmilitary development of nuclear energy.
13. Oil and gas production and distribution.
14. Public lands and forests, including farming and
grazing thereon, and mineral extraction therefrom.
15. Solar energy systems.
16. Territorial possessions of the United States,
including trusteeships.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to energy and
resources development, and report thereon from time to time.
25.1h (h) (1) Committee on Environment and Public Works, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Air pollution.
2. Construction and maintenance of highways.
[[Page 29]]
3. Environmental aspects of Outer Continental Shelf
lands.
4. Environmental effects of toxic substances, other than
pesticides.
5. Environmental policy.
6. Environmental research and development.
7. Fisheries and wildlife.
8. Flood control and improvements of rivers and harbors,
including environmental aspects of deepwater ports.
9. Noise pollution.
10. Nonmilitary environmental regulation and control of
nuclear energy.
11. Ocean dumping.
12. Public buildings and improved grounds of the United
States generally, including Federal buildings in the
District of Columbia.
13. Public works, bridges, and dams.
14. Regional economic development.
15. Solid waste disposal and recycling.
16. Water pollution.
17. Water resources.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to environmental
protection and resource utilization and conservation, and
report thereon from time to time.
25.1i (i) Committee on Finance, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
1. Bonded debt of the United States, except as provided
in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry and
delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and
health programs financed by a specific tax or trust fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in the
Congressional Budget Act of 1974.
9. Revenue measures relating to the insular possessions.
10. Tariffs and import quotas, and matters related
thereto.
[[Page 30]]
11. Transportation of dutiable goods.
25.1j (j) (1) Committee on Foreign Relations, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Acquisition of land and buildings for embassies and
legations in foreign countries.
2. Boundaries of the United States.
3. Diplomatic service.
4. Foreign economic, military, technical, and
humanitarian assistance.
5. Foreign loans.
6. International activities of the American National Red
Cross and the International Committee of the Red Cross.
7. International aspects of nuclear energy, including
nuclear transfer policy.
8. International conferences and congresses.
9. International law as it relates to foreign policy.
10. International Monetary Fund and other international
organizations established primarily for international
monetary purposes (except that, at the request of the
Committee on Banking, Housing, and Urban Affairs, any
proposed legislation relating to such subjects reported by
the Committee on Foreign Relations shall be referred to the
Committee on Banking, Housing, and Urban Affairs).
11. Intervention abroad and declarations of war.
12. Measures to foster commercial intercourse with
foreign nations and to safeguard American business interests
abroad.
13. National security and international aspects of
trusteeships of the United States.
14. Oceans and international environmental and
scientific affairs as they relate to foreign policy.
15. Protection of United States citizens abroad and
expatriation.
16. Relations of the United States with foreign nations
generally.
17. Treaties and executive agreements, except reciprocal
trade agreements.
18. United Nations and its affiliated organizations.
19. World Bank group, the regional development banks,
and other international organizations established primarily
for development assistance purposes.
[[Page 31]]
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the national
security policy, foreign policy, and international economic
policy as it relates to foreign policy of the United States,
and matters relating to food, hunger, and nutrition in
foreign countries, and report thereon from time to time.
25.1k (k) (1) Committee on Governmental Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Archives of the United States.
2. Budget and accounting measures, other than
appropriations, except as provided in the Congressional
Budget Act of 1974.
3. Census and collection of statistics, including
economic and social statistics.
4. Congressional organization, except for any part of
the matter that amends the rules or orders of the Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of Columbia, except
appropriations therefor.
9. Organization and management of United States nuclear
export policy.
10. Organization and reorganization of the executive
branch of the Government.
11. Postal Service.
12. Status of officers and employees of the United
States, including their classification, compensation, and
benefits.
(2) Such committee shall have the duty of--
(A) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(B) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(C) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(D) studying the intergovernmental relationships
between the United States and the States and munici
[[Page 32]]
palities, and between the United States and
international organizations of which the United
States is a member.
25.1l (l) (1) \5\ Committee on Health, Education, Labor, and
Pensions to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
---------------------------------------------------------------------------
\5\ Name changed pursuant to S. Res. 28, 106-1, Jan. 21,
1999; redesignated as subparagraph (l) by S. Res. 299, 106-
2, Apr. 27, 2000.
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1. Measures relating to education, labor, health, and
public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by convicts
into interstate commerce.
8. Domestic activities of the American National Red
Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and Saint
Elizabeths Hospital.
11. \6\ Individuals with disabilities.
---------------------------------------------------------------------------
\6\ As amended, S. Res. 28, 106-1, Jan. 21, 1999.
---------------------------------------------------------------------------
12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including the
welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health, education
and training, and public welfare, and report thereon from
time to time.
25.1m (m) \7\ Committee on the Judiciary, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
---------------------------------------------------------------------------
\7\ Redesignated as subparagraph (m) by S. Res. 299,
106-2, Apr. 27, 2000.
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1. Apportionment of Representatives.
[[Page 33]]
2. Bankruptcy, mutiny, espionage, and counterfeiting.
3. Civil liberties.
4. Constitutional amendments.
5. Federal courts and judges.
6. Government information.
7. Holidays and celebrations.
8. Immigration and naturalization.
9. Interstate compacts generally.
10. Judicial proceedings, civil and criminal, generally.
11. Local courts in the territories and possessions.
12. Measures relating to claims against the United
States.
13. National penitentiaries.
14. Patent Office.
15. Patents, copyrights, and trademarks.
16. Protection of trade and commerce against unlawful
restraints and monopolies.
17. Revision and codification of the statutes of the
United States.
18. State and territorial boundary lines.
25.1n (n) (1) Committee on Rules and Administration, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Administration of the Senate Office Buildings and the
Senate wing of the Capitol, including the assignment of
office space.
2. Congressional organization relative to rules and
procedures, and Senate rules and regulations, including
floor and gallery rules.
3. Corrupt practices.
4. Credentials and qualifications of Members of the
Senate, contested elections, and acceptance of incompatible
offices.
5. Federal elections generally, including the election
of the President, Vice President, and Members of the
Congress.
6. Government Printing Office, and the printing and
correction of the Congressional Record, as well as those
matters provided for under rule XI.
7. Meetings of the Congress and attendance of Members.
8. Payment of money out of the contingent fund of the
Senate or creating a charge upon the same (except that any
resolution relating to substantive matter within the
[[Page 34]]
jurisdiction of any other standing committee of the Senate
shall be first referred to such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and erection of
monuments to the memory of individuals.
11. Senate Library and statuary, art, and pictures in
the Capitol and Senate Office Buildings.
12. Services to the Senate, including the Senate
restaurant.
13. United States Capitol and congressional office
buildings, the Library of Congress, the Smithsonian
Institution (and the incorporation of similar institutions),
and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization
and operation of the Congress of the United States
and shall recommend improvements in such
organization and operation with a view toward
strengthening the Congress, simplifying its
operations, improving its relationships with other
branches of the United States Government, and
enabling it better to meet its responsibilities
under the Constitution of the United States;
(B) identify any court proceeding or action
which, in the opinion of the Committee, is of vital
interest to the Congress as a constitutionally
established institution of the Federal Government
and call such proceeding or action to the attention
of the Senate; and
(C)\8\ develop, implement, and update as
necessary a strategy planning process and a
strategic plan for the functional and technical
infrastructure support of the Senate and provide
oversight over plans developed by Senate officers
and others in accordance with the strategic planning
process.
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\8\As added, S. Res. 151, 105-1, Nov. 9, 1997.
25.1o (o)(1)\9\ Committee on Small Business Entrepreneurship,
to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the Small Business Administration.
---------------------------------------------------------------------------
\9\As added, S. Res. 101, 97-1, Mar. 25, 1981; name
changed pursuant to S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
(2) Any proposed legislation reported by such committee
which relates to matters other than the functions of the
Small Business Administration shall, at the request of the
[[Page 35]]
chairman of any standing committee having jurisdiction over
the subject matter extraneous to the functions of the Small
Business Administration, be considered and reported by such
standing committee prior to its consideration by the Senate;
and likewise measures reported by other committees directly
relating to the Small Business Administration shall, at the
request of the chairman of the Committee on Small Business,
be referred to the Committee on Small Business
Entrepreneurship for its consideration of any portions of
the measure dealing with the Small Business Administration,
and be reported by this committee prior to its consideration
by the Senate.
(3) Such committee shall also study and survey by means
of research and investigation all problems of American small
business enterprises, and report thereon from time to time.
25.1p (p)\10\ Committee on Veterans' Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\10\Redesignated as subparagraph (p) by S. Res. 101, 97-
1, Mar. 25, 1981.
---------------------------------------------------------------------------
1. Compensation of veterans.
2. Life insurance issued by the Government on account of
service in the Armed Forces.
3. National cemeteries.
4. Pensions of all wars of the United States, general
and special.
5. Readjustment of servicemen to civil life.
6. Soldiers' and sailors' civil relief.
7. Veterans' hospitals, medical care and treatment of
veterans.
8. Veterans' measures generally.
9. Vocational rehabilitation and education of veterans.
25.2 2.\11\ Except as otherwise provided by paragraph 4 of
this rule, each of the following standing committees shall
consist of the number of Senators set forth in the following
[[Page 36]]
table on the line on which the name of that committee
appears:
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\11\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
365, 97-2, Apr. 20, 1982; S. Res. 380, 97-2, Apr. 27, 1982;
S. Res. 6, 98-1, Jan. 3, 1983; S. Res. 20, 98-1, Jan. 27,
1983; S. Res. 53, 98-1, Feb. 3, 1983; S. Res. 338, 98-2,
Feb. 9, 1984; S. Res. 74, 99-1, Feb. 21, 1985; S. Res. 14,
100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12, 1987; S.
Res. 43, 101-1, Feb. 2, 1989; S. Res. 43, 102-1, Feb. 5,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 4, 103-1,
Jan. 7, 1993; S. Res. 130, 103-1, July 1, 1993; S. Res. 132,
103-1, July 15, 1993; S. Res. 14, 104-1, Jan. 5, 1995; S.
Res. 92, 104-1, Mar. 24, 1995; S. Res. 9, 105-1, Jan. 9,
1997; HELP/Judiciary reversed pursuant to S. Res. 299, 106-
2, Apr. 27, 2000; S. Res. 354, 106-2, Sept. 12, 2000.
---------------------------------------------------------------------------
Committee:
Members
Agriculture, Nutrition, and Forestry.......... 20
Appropriations................................ 28
Armed Services................................ 18
Banking, Housing, and Urban Affairs........... 22
Commerce, Science, and Transportation......... 20
Energy and Natural Resources.................. 20
Environment and Public Works.................. 18
Finance....................................... 20
Foreign Relations............................. 18
Governmental Affairs.......................... 16
Health, Education, Labor, and Pensions........ 18
Judiciary..................................... 18
25.3a 3. (a)\12\ Except as otherwise provided by paragraph 4
of this rule, each of the following standing committees
shall consist of the number of Senators set forth in the
following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\12\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
101, 97-1, Mar. 25, 1981; S. Res. 6, 98-1, Jan 3, 1983; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 211, 100-1, May 12, 1987; S. Res. 43, 101-1,
Feb. 2, 1989; S. Res. 85, 102-1, Mar. 19, 1991; S. Res. 135,
102-1, June 4, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S.
Res. 130, 103-1, July 1, 1993; S. Res. 34, 104-1, Jan. 6,
1995; S. Res. 9, 105-1, Jan. 9, 1997; S. Res. 354, 106-2,
Sept. 12, 2000.
---------------------------------------------------------------------------
Committee:
Members
Budget........................................ 22
Rules and Administration...................... 16
Veterans' Affairs............................. 14
Small Business................................ 18
25.3b (b)\13\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\13\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
24, 97-1, Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25, 1981;
S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 85, 102-1, Mar. 19,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18, 103-1,
Jan. 21, 1993; S. Res. 34, 104-1, Jan. 6, 1995; S. Res. 9,
105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Aging......................................... 18
Intelligence.................................. 19
Joint Economic Committee...................... 10
25.3c (c)\14\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate
[[Page 37]]
members, in the case of a joint committee) set forth in the
following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\14\As amended, S. Res. 448, 96-2, Dec. 11, 1980; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 100, 101-1, Apr. 11, 1989; S. Res. 44, 102-1,
Feb. 5, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S. Res. 34,
104-1, Jan. 6, 1995; S. Res. 92, 104-1, Mar. 24, 1995; S.
Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Ethics........................................ 6
Indian Affairs................................ 14
Joint Committee on Taxation................... 5
25.4a 4. (a) Except as otherwise provided by this paragraph--
(1) each Senator shall serve on two and no more
committees listed in paragraph 2; and
(2) each Senator may serve on only one committee
listed in paragraph 3 (a) or (b).
25.4b (b) (1) Each Senator may serve on not more than three
subcommittees of each committee (other than the Committee on
Appropriations) listed in paragraph 2 of which he is a
member.
(2) Each Senator may serve on not more than two
subcommittees of a committee listed in paragraph 3 (a) or
(b) of which he is a member.
(3) Notwithstanding subparagraphs (1) and (2), a Senator
serving as chairman or ranking minority member of a
standing, select, or special committee of the Senate or
joint committee of the Congress may serve ex officio,
without vote, as a member of any subcommittee of such
committee or joint committee.
(4) No committee of the Senate may establish any sub-
unit of that committee other than a subcommittee, unless the
Senate by resolution has given permission therefor. For
purposes of this subparagraph, any subunit of a joint
committee shall be treated as a subcommittee.
25.4c (c) By agreement entered into by the majority leader and
the minority leader, the membership of one or more standing
committees may be increased temporarily from time to time by
such number or numbers as may be required to accord to the
majority party a majority of the membership of all standing
committees. When any such temporary increase is necessary to
accord to the majority party a majority of the membership of
all standing committees, members of the majority party in
such number as may be required for that purpose may serve as
members of three standing committees listed in paragraph 2.
No such temporary increase in the membership of any standing
committee under this subparagraph shall be continued in
effect after the need therefor has ended. No standing
committee may be increased in membership under this
subparagraph
[[Page 38]]
by more than two members in excess of the number prescribed
for that committee by paragraph 2 or 3(a).
25.4d (d) A Senator may serve as a member of any joint
committee of the Congress the Senate members of which are
required by law to be appointed from a standing committee of
the Senate of which he is a member, and service as a member
of any such joint committee shall not be taken into account
for purposes of subparagraph (a)(2).
25.4e (e) (1) No Senator shall serve at any time as chairman
of more than one standing, select, or special committee of
the Senate or joint committee of the Congress, except that a
Senator may serve as chairman of any joint committee of the
Congress having jurisdiction with respect to a subject
matter which is directly related to the jurisdiction of a
standing committee of which he is chairman.
(2) No Senator shall serve at any time as chairman of
more than one subcommittee of each standing, select, or
special committee of the Senate or joint committee of the
Congress of which he is a member.
(3) A Senator who is serving as the chairman of a
committee listed in paragraph 2 may serve at any time as the
chairman of only one subcommittee of all committees listed
in paragraph 2 of which he is a member and may serve at any
time as the chairman of only one subcommittee of each
committee listed in paragraph 3 (a) or (b) of which he is a
member. A Senator who is serving as the chairman of a
committee listed in paragraph 3 (a) or (b) may not serve as
the chairman of any subcommittee of that committee, and may
serve at any time as the chairman of only one subcommittee
of each committee listed in paragraph 2 of which he is a
member. Any other Senator may serve as the chairman of only
one subcommittee of each committee listed in paragraph 2,
3(a), or 3(b) of which he is a member.
25.4f (f) A Senator serving on the Committee on Rules and
Administration may not serve on any joint committee of the
Congress unless the Senate members thereof are required by
law to be appointed from the Committee on Rules and
Administration, or unless such Senator served on the
Committee on Rules and Administration and the Joint
Committee on Taxation on the last day of the Ninety-eighth
Congress.\15\
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\15\ As amended, S. Res. 76, 99-1, Feb. 21, 1985.
[[Page 39]]
25.4g (g) A Senator who on the day preceding the effective
date of Title I of the Committee System Reorganization
Amendments of 1977 was serving as the chairman or ranking
minority member of the Committee on the District of Columbia
or the Committee on Post Office and Civil Service may serve
on the Committee on Governmental Affairs in addition to
serving on two other standing committees listed in paragraph
2. At the request of any such Senator, he shall be appointed
to serve on such committee but, while serving on such
committee and two other standing committees listed in
paragraph 2, he may not serve on any committee listed in
paragraph 3 (a) or (b) other than the Committee on Rules and
Administration. The preceding provisions of this
subparagraph shall apply with respect to any Senator only so
long as his service as a member of the Committee on
Governmental Affairs is continuous after the date on which
the appointment of the majority and minority members of the
Committee on Governmental Affairs is initially completed.
25.4h * * * * * * * \16\
---------------------------------------------------------------------------
\16\ As amended, S. Res. 12, 97-1, Jan. 5, 1981;
Subpara. (h), omitted here, pertains to committee service of
Senators during the 103rd Congress. Provisions for the 104th
Congress were established by S. Res. 13 and 17, Jan. 4,
1995, and S. Res. 27 and 29, Jan. 5, 1995. In subsequent
Congresses, committee assignments made notwithstanding Rule
XXV.
26 RULE XXVI
COMMITTEE PROCEDURE
26.1 1.\17\ Each standing committee, including any
subcommittee of any such committee, is authorized to hold
such hearings, to sit and act at such times and places
during the sessions, recesses, and adjourned periods of the
Senate, to require by subpena or otherwise the attendance of
such witnesses and the production of such correspondence,
books, papers, and documents, to take such testimony and to
make such expenditures out of the contingent fund of the
Senate as may be authorized by resolutions of the Senate.
Each such committee may make investigations into any matter
within its jurisdiction, may report such hearings as may be
had by it, and may employ stenographic assistance at a cost
not exceeding the amount prescribed by the Committee on
Rules and Administration.\18\ The ex
[[Page 40]]
penses of the committee shall be paid from the contingent
fund of the Senate upon vouchers approved by the chairman.
---------------------------------------------------------------------------
\17\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
\18\Pursuant to 2 U.S.C. 68c (See Senate Manual
Sec. 382), the Committee on Rules and Administration issues
``Regulations Governing Rates Payable to Commercial
Reporting Firms for Reporting Committee Hearings in the
Senate.'' Copies of the regulations currently in effect may
be obtained from the Committee.
---------------------------------------------------------------------------
26.2 2.\19\ Each committee\20\ shall adopt rules (not
inconsistent with the Rules of the Senate) governing the
procedure of such committee. The rules of each committee
shall be published in the Congressional Record not later
than March 1 of the first year of each Congress, except that
if any such committee is established on or after February 1
of a year, the rules of that committee during the year of
establishment shall be published in the Congressional Record
not later than sixty days after such establishment. Any
amendment to the rules of a committee shall not take effect
until the amendment is published in the Congressional
Record.
---------------------------------------------------------------------------
\19\ As amended, S. Res. 250, 101-2, Mar. 1, 1990.
\20\The term ``each committee'' when used in these rules
includes standing, select, and special committees unless
otherwise specified.
---------------------------------------------------------------------------
26.3 3. Each standing committee (except the Committee on
Appropriations) shall fix regular weekly, biweekly, or
monthly meeting days for the transaction of business before
the committee and additional meetings may be called by the
chairman as he may deem necessary. If at least three members
of any such committee desire that a special meeting of the
committee be called by the chairman, those members may file
in the offices of the committee their written request to the
chairman for that special meeting. Immediately upon the
filing of the request, the clerk of the committee shall
notify the chairman of the filing of the request. If, within
three calendar days after the filing of the request, the
chairman does not call the requested special meeting, to be
held within seven calendar days after the filing of the
request, a majority of the members of the committee may file
in the offices of the committee their written notice that a
special meeting of the committee will be held, specifying
the date and hour of that special meeting. The committee
shall meet on that date and hour. Immediately upon the
filing of the notice, the clerk of the committee shall
notify all members of the committee that such special
meeting will be held and inform them of its date and hour.
If the chairman of any such committee is not present at any
regular, additional, or special meeting of the committee,
the ranking member of the majority party on the committee
who is present shall preside at that meeting.
[[Page 41]]
26.4a 4. (a) Each committee (except the Committee on
Appropriations and the Committee on the Budget) shall make
public announcement of the date, place, and subject matter
of any hearing to be conducted by the committee on any
measure or matter at least one week before the commencement
of that hearing unless the committee determines that there
is good cause to begin such hearing at an earlier date.
26.4b (b) Each committee (except the Committee on
Appropriations) shall require each witness who is to appear
before the committee in any hearing to file with the clerk
of the committee, at least one day before the date of the
appearance of that witness, a written statement of his
proposed testimony unless the committee chairman and the
ranking minority member determine that there is good cause
for noncompliance. If so requested by any committee, the
staff of the committee shall prepare for the use of the
members of the committee before each day of hearing before
the committee a digest of the statements which have been so
filed by witnesses who are to appear before the committee on
that day.
26.4c (c) After the conclusion of each day of hearing, if so
requested by any committee, the staff shall prepare for the
use of the members of the committee a summary of the
testimony given before the committee on that day. After
approval by the chairman and the ranking minority member of
the committee, each such summary may be printed as a part of
the committee hearings if such hearings are ordered by the
committee to be printed.
26.4d (d) Whenever any hearing is conducted by a committee
(except the Committee on Appropriations) upon any measure or
matter, the minority on the committee shall be entitled,
upon request made by a majority of the minority members to
the chairman before the completion of such hearing, to call
witnesses selected by the minority to testify with respect
to the measure or matter during at least one day of hearing
thereon.
26.5a 5. (a) Notwithstanding any other provision of the rules,
when the Senate is in session, no committee of the Senate or
any subcommittee thereof may meet, without special leave,
after the conclusion of the first two hours after the
meeting of the Senate commenced and in no case after two
o'clock postmeridian unless consent therefor has been
obtained from the majority leader and the minority leader
(or in the event of the absence of either of such leaders,
[[Page 42]]
from his designee). The prohibition contained in the
preceding sentence shall not apply to the Committee on
Appropriations or the Committee on the Budget. The majority
leader or his designee shall announce to the Senate whenever
consent has been given under this subparagraph and shall
state the time and place of such meeting. The right to make
such announcement of consent shall have the same priority as
the filing of a cloture motion.
26.5b (b) Each meeting of a committee, or any subcommittee
thereof, including meetings to conduct hearings, shall be
open to the public, except that a meeting or series of
meetings by a committee or a subcommittee thereof on the
same subject for a period of no more than fourteen calendar
days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether
the matters enumerated in clauses (1) through (6) would
require the meeting to be closed, followed immediately by a
record vote in open session by a majority of the members of
the committee or subcommittee when it is determined that the
matters to be discussed or the testimony to be taken at such
meeting or meetings--
(1) will disclose matters necessary to be kept
secret in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
(2) will relate solely to matters of committee
staff personnel or internal staff management or
procedure;
(3) will tend to charge an individual with crime
or misconduct, to disgrace or injure the
professional standing of an individual, or otherwise
to expose an individual to public contempt or
obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer
or law enforcement agent or will disclose any
information relating to the investigation or
prosecution of a criminal offense that is required
to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the
trade secrets of financial or commercial information
pertaining specifically to a given person if--
(A) an Act of Congress requires the
information to be kept confidential by
Government officers and employees; or
(B) the information has been obtained by
the Government on a confidential basis,
other than
[[Page 43]]
through an application by such person for a
specific Government financial or other
benefit, and is required to be kept secret
in order to prevent undue injury to the
competitive position of such person; or
(6) may divulge matters required to be kept
confidential under other provisions of law or
Government regulations.
26.5c (c) Whenever any hearing conducted by any such committee
or subcommittee is open to the public, that hearing may be
broadcast by radio or television, or both, under such rules
as the committee or subcommittee may adopt.
26.5d (d) Whenever disorder arises during a committee meeting
that is open to the public, or any demonstration of approval
or disapproval is indulged in by any person in attendance at
any such meeting, it shall be the duty of the Chair to
enforce order on his own initiative and without any point of
order being made by a Senator. When the Chair finds it
necessary to maintain order, he shall have the power to
clear the room, and the committee may act in closed session
for so long as there is doubt of the assurance of order.
26.5e (e) Each committee shall prepare and keep a complete
transcript or electronic recording adequate to fully record
the proceeding of each meeting or conference whether or not
such meeting or any part thereof is closed under this
paragraph, unless a majority of its members vote to forgo
such a record.
26.6 6. Morning meetings of committees and subcommittees
thereof shall be scheduled for one or both of the periods
prescribed in this paragraph. The first period shall end at
eleven o'clock antemeridian. The second period shall begin
at eleven o'clock antemeridian and end at two o'clock
postmeridian.
26.7a 7. (a) (1) Except as provided in this paragraph, each
committee, and each subcommittee thereof is authorized to
fix the number of its members (but not less than one-third
of its entire membership) who shall constitute a quorum
thereof for the transaction of such business as may be
considered by said committee, except that no measure or
matter or recommendation shall be reported from any
committee unless a majority of the committee were physically
present.
(2) Each such committee, or subcommittee, is authorized
to fix a lesser number than one-third of its entire member
[[Page 44]]
ship who shall constitute a quorum thereof for the purpose
of taking sworn testimony.
(3) The vote of any committee to report a measure or
matter shall require the concurrence of a majority of the
members of the committee who are present. No vote of any
member of any committee to report a measure or matter may be
cast by proxy if rules adopted by such committee forbid the
casting of votes for that purpose by proxy; however, proxies
may not be voted when the absent committee member has not
been informed of the matter on which he is being recorded
and has not affirmatively requested that he be so recorded.
Action by any committee in reporting any measure or matter
in accordance with the requirements of this subparagraph
shall constitute the ratification by the committee of all
action theretofore taken by the committee with respect to
that measure or matter, including votes taken upon the
measure or matter or any amendment thereto, and no point of
order shall lie with respect to that measure or matter on
the ground that such previous action with respect thereto by
such committee was not taken in compliance with such
requirements.
26.7b (b) Each committee (except the Committee on
Appropriations) shall keep a complete record of all
committee action. Such record shall include a record of the
votes on any question on which a record vote is demanded.
The results of rollcall votes taken in any meeting of any
committee upon any measure, or any amendment thereto, shall
be announced in the committee report on that measure unless
previously announced by the committee, and such announcement
shall include a tabulation of the votes cast in favor of and
the votes cast in opposition to each such measure and
amendment by each member of the committee who was present at
that meeting.
26.7c (c) Whenever any committee by rollcall vote reports any
measure or matter, the report of the committee upon such
measure or matter shall include a tabulation of the votes
cast by each member of the committee in favor of and in
opposition to such measure or matter. Nothing contained in
this subparagraph shall abrogate the power of any committee
to adopt rules--
(1) providing for proxy voting on all matters
other than the reporting of a measure or matter, or
(2) providing in accordance with subparagraph
(a) for a lesser number as a quorum for any action
other than the reporting of a measure or matter.
[[Page 45]]
26.8a 8. (a) In order to assist the Senate in--
(1) its analysis, appraisal, and evaluation of
the application, administration, and execution of
the laws enacted by the Congress, and
(2) its formulation, consideration, and
enactment of such modifications of or changes in
those laws, and of such additional legislation, as
may be necessary or appropriate,
each standing committee (except the Committees on
Appropriations and the Budget), shall review and study, on a
continuing basis the application, administration, and
execution of those laws, or parts of laws, the subject
matter of which is within the legislative jurisdiction of
that committee. Such committees may carry out the required
analysis, appraisal, and evaluation themselves, or by
contract, or may require a Government agency to do so and
furnish a report thereon to the Senate. Such committees may
rely on such techniques as pilot testing, analysis of costs
in comparison with benefits, or provision for evaluation
after a defined period of time.
26.8b (b) In each odd-numbered year, each such committee shall
submit, not later than March 31, to the Senate, a report on
the activities of that committee under this paragraph during
the Congress ending at noon on January 3 of such year.
26.9a 9.\21\ (a) Except as provided in subparagraph (b), each
committee shall report one authorization resolution each
year authorizing the committee to make expenditures out of
the contingent fund of the Senate to defray its expenses,
including the compensation of members of its staff and
agency contributions related to such compensation, during
the period beginning on March 1 of such year and ending on
the last day of February of the following year. Such annual
authorization resolution shall be reported not later than
January 31 of each year, except that, whenever the
designation of members of standing committees of the Senate
occurs during the first session of a Congress at a date
later than January 20, such resolution may be reported at
any time within thirty days after the date on which the
designation of such members is completed. After the annual
authorization resolution of a committee for a year has been
agreed to, such committee may procure authoriza
[[Page 46]]
tion to make additional expenditures out of the contingent
fund of the Senate during that year only by reporting a
supplemental authorization resolution. Each supplemental
authorization resolution reported by a committee shall amend
the annual authorization resolution of such committee for
that year and shall be accompanied by a report specifying
with particularity the purpose for which such authorization
is sought and the reason why such authorization could not
have been sought at the time of the submission by such
committee of its annual authorization resolution for that
year.
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\21\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
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(b) In lieu of the procedure provided in subparagraph
(a), the Committee on Rules and Administration may--
(1) direct each committee to report an
authorization resolution for a two year budget
period beginning on March 1 of the first session of
a Congress; and
(2) report one authorization resolution
containing more than one committee authorization for
a one year or two year budget period.
26.10a 10. (a) All committee hearings, records, data, charts,
and files shall be kept separate and distinct from the
congressional office records of the Member serving as
chairman of the committee; and such records shall be the
property of the Senate and all members of the committee and
the Senate shall have access to such records. Each committee
is authorized to have printed and bound such testimony and
other data presented at hearings held by the committee.
26.10b (b) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
Senate any measure approved by his committee and to take or
cause to be taken necessary steps to bring the matter to a
vote. In any event, the report of any committee upon a
measure which has been approved by the committee shall be
filed within seven calendar days (exclusive of days on which
the Senate is not in session) after the day on which there
has been filed with the clerk of the committee a written and
signed request of a majority of the committee for the
reporting of that measure. Upon the filing of any such
request, the clerk of the committee shall transmit
immediately to the chairman of the committee notice of the
filing of that request. This subparagraph does not apply to
the Committee on Appropriations.
26.10c (c) If at the time of approval of a measure or matter by
any committee (except for the Committee on Appropria
[[Page 47]]
tions), any member of the committee gives notice of
intention to file supplemental, minority, or additional
views, that member shall be entitled to not less than three
calendar days in which to file such views, in writing, with
the clerk of the committee. All such views so filed by one
or more members of the committee shall be included within,
and shall be a part of, the report filed by the committee
with respect to that measure or matter. The report of the
committee upon that measure or matter shall be printed in a
single volume which--
(1) shall include all supplemental, minority, or
additional views which have been submitted by the
time of the filing of the report, and
(2) shall bear upon its cover a recital that
supplemental, minority, or additional views are
included as part of the report.
This subparagraph does not preclude--
(A) the immediate filing and printing of a
committee report unless timely request for the
opportunity to file supplemental, minority, or
additional views has been made as provided by this
subparagraph; or
(B) the filing by any such committee of any
supplemental report upon any measure or matter which
may be required for the correction of any technical
error in a previous report made by that committee
upon that measure or matter.
26.11a 11. (a) The report accompanying each bill or joint
resolution of a public character reported by any committee
(except the Committee on Appropriations and the Committee on
the Budget) shall contain--
(1) an estimate, made by such committee, of the
costs which would be incurred in carrying out such
bill or joint resolution in the fiscal year in which
it is reported and in each of the five fiscal years
following such fiscal year (or for the authorized
duration of any program authorized by such bill or
joint resolution, if less than five years), except
that, in the case of measures affecting the
revenues, such reports shall require only an
estimate of the gain or loss in revenues for a one-
year period; and
(2) a comparison of the estimate of costs
described in subparagraph (1) made by such committee
with any estimate of costs made by any Federal
agency; or
[[Page 48]]
(3) in lieu of such estimate or comparison, or
both, a statement of the reasons why compliance by
the committee with the requirements of subparagraph
(1) or (2), or both, is impracticable.
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Note.--Each report accompanying any bill or joint
resolution relating to terms and conditions of employment or
access to public services or accommodations reported by a
committee of the House of Representatives or the Senate
shall describe the manner in which the provisions of the
bill or joint resolution apply to the legislative branch; or
in the case of a provision not applicable to the legislative
branch, include a statement of the reasons the provision
does not apply.
(Pub. L. 104-1, Title I, Sec. 102, Jan. 23, 1995, 109 Stat.
5.) See Senate Manual Sec. 672.
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26.11b (b) Each such report (except those by the Committee on
Appropriations) shall also contain--
(1) an evaluation, made by such committee, of
the regulatory impact which would be incurred in
carrying out the bill or joint resolution. The
evaluation shall include (A) an estimate of the
numbers of individuals and businesses who would be
regulated and a determination of the groups and
classes of such individuals and businesses, (B) a
determination of the economic impact of such
regulation on the individuals, consumers, and
businesses affected, (C) a determination of the
impact on the personal privacy of the individuals
affected, and (D) a determination of the amount of
additional paperwork that will result from the
regulations to be promulgated pursuant to the bill
or joint resolution, which determination may
include, but need not be limited to, estimates of
the amount of time and financial costs required of
affected parties, showing whether the effects of the
bill or joint resolution could be substantial, as
well as reasonable estimates of the recordkeeping
requirements that may be associated with the bill or
joint resolution; or
(2) in lieu of such evaluation, a statement of
the reasons why compliance by the committee with the
requirements of clause (1) is impracticable.
26.11c (c) It shall not be in order for the Senate to consider
any such bill or joint resolution if the report of the
committee on such bill or joint resolution does not comply
with the provisions of subparagraphs (a) and (b) on the
objection of any Senator.
26.12 12. Whenever a committee reports a bill or a joint
resolution repealing or amending any statute or part thereof
it shall make a report thereon and shall include in such re
[[Page 49]]
port or in an accompanying document (to be prepared by the
staff of such committee) (a) the text of the statute or part
thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in
the form recommended by the committee. This paragraph shall
not apply to any such report in which it is stated that, in
the opinion of the committee, it is necessary to dispense
with the requirements of this subsection to expedite the
business of the Senate.
26.13a 13. (a) Each committee (except the Committee on
Appropriations) which has legislative jurisdiction shall, in
its consideration of all bills and joint resolutions of a
public character within its jurisdiction, endeavor to insure
that--
(1) all continuing programs of the Federal
Government and of the government of the District of
Columbia, within the jurisdiction of such committee
or joint committee, are designed; and
(2) all continuing activities of Federal
agencies, within the jurisdiction of such committee
or joint committee, are carried on;
so that, to the extent consistent with the nature,
requirements, and objectives of those programs and
activities, appropriations therefor will be made annually.
26.13b (b) Each committee (except the Committee on
Appropriations) shall with respect to any continuing program
within its jurisdiction for which appropriations are not
made annually, review such program, from time to time, in
order to ascertain whether such program could be modified so
that appropriations therefor would be made annually.
27 RULE XXVII
COMMITTEE STAFF
27.1 1.\22\ Staff members appointed to assist minority
members of committees pursuant to authority of a resolution
described in paragraph 9 of rule XXVI or other Senate resolu
[[Page 50]]
tion shall be accorded equitable treatment with respect to
the fixing of salary rates, the assignment of facilities,
and the accessibility of committee records.
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\22\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
Note.--Pursuant to S. Res. 281, paragraph 1 of rule
XXVII was repealed. Accordingly, subparagraphs (a), (b),
(c), and (d) of paragraph 2 were renumbered as paragraphs 1,
2, 3, and 4, respectively.
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27.2 2. The minority shall receive fair consideration in the
appointment of staff personnel pursuant to authority of a
resolution described in paragraph 9 of rule XXVI.
27.3 3. The staffs of committees (including personnel
appointed pursuant to authority of a resolution described in
paragraph 9 of rule XXVI or other Senate resolution) should
reflect the relative number of majority and minority members
of committees. A majority of the minority members of any
committee may, by resolution, request that at least one-
third of all funds of the committee for personnel (other
than those funds determined by the chairman and ranking
minority member to be allocated for the administrative and
clerical functions of the committee as a whole) be allocated
to the minority members of such committee for compensation
of minority staff as the minority members may decide. The
committee shall thereafter adjust its budget to comply with
such resolution. Such adjustment shall be equitably made
over a four-year period, commencing July 1, 1977, with not
less than one-half being made in two years. Upon request by
a majority of the minority members of any committee by
resolution, proportionate space, equipment, and facilities
shall be provided for such minority staff.
27.4 4. No committee shall appoint to its staff any experts
or other personnel detailed or assigned from any department
or agency of the Government, except with the written
permission of the Committee on Rules and Administration.
RULE XXVIII
28 CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS
28.1 1.\23\ The presentation of reports of committees of
conference shall always be in order when available on each
Senator's desk except when the Journal is being read or a
question of order or a motion to adjourn is pending, or
while the Senate is voting or ascertaining the presence of a
quorum; 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.
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\23\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
[[Page 51]]
28.2 2. Conferees shall not insert in their report matter not
committed to them by either House, nor shall they strike
from the bill matter agreed to by both Houses. If new matter
is inserted in the report, or if matter which was agreed to
by both Houses is stricken from the bill, a point of order
may be made against the report, and if the point of order is
sustained, the report is rejected or shall be recommitted to
the committee of conference if the House of Representatives
has not already acted thereon.
28.3a 3. (a) In any case in which a disagreement to an
amendment in the nature of a substitute has been referred to
conferees, it shall be in order for the conferees to report
a substitute on the same subject matter; but they may not
include in the report matter not committed to them by either
House. They may, however, include in their report in any
such case matter which is a germane modification of subjects
in disagreement.
28.3b (b) In any case in which the conferees violate
subparagraph (a), the conference report shall be subject to
a point of order.
28.4 4. Each report made by a committee of conference to the
Senate shall be printed as a report of the Senate. As so
printed, such report shall be accompanied by an explanatory
statement prepared jointly by the conferees on the part of
the House and the conferees on the part of the Senate. Such
statement shall be sufficiently detailed and explicit to
inform the Senate as to the effect which the amendments or
propositions contained in such report will have upon the
measure to which those amendments or propositions relate.
28.5 5. If time for debate in the consideration of any report
of a committee of conference upon the floor of the Senate is
limited, the time allotted for debate shall be equally
divided between the majority party and the minority party.
28.6 6. Each conference committee between the Senate and the
House of Representatives shall be open to the public except
when managers of either the Senate or the House of
Representatives in open session determine by a rollcall vote
of a majority of those managers present, that all or part of
the remainder of the meeting on the day of the vote shall be
closed to the public.
[[Page 52]]
29 RULE XXIX
EXECUTIVE SESSIONS
29.1 1. When the President of the United States shall meet
the Senate in the Senate Chamber for the consideration of
Executive business, he shall have a seat on the right of the
Presiding Officer. When the Senate shall be convened by the
President of the United States to any other place, the
Presiding Officer of the Senate and the Senators shall
attend at the place appointed, with the necessary officers
of the Senate.
29.2 2. When acting upon confidential or Executive business,
unless the same shall be considered in open Executive
session, the Senate Chamber shall be cleared of all persons
except the Secretary, the Assistant Secretary, the Principal
Legislative Clerk, the Parliamentarian, the Executive Clerk,
the Minute and Journal Clerk, the Sergeant at Arms, the
Secretaries to the Majority and the Minority, and such other
officers as the Presiding Officer shall think necessary; and
all such officers shall be sworn to secrecy.
29.3 3. All confidential communications made by the President
of the United States to the Senate shall be by the Senators
and the officers of the Senate kept secret; and all treaties
which may be laid before the Senate, and all remarks, votes,
and proceedings thereon shall also be kept secret, until the
Senate shall, by their resolution, take off the injunction
of secrecy.
29.4 4. Whenever the injunction of secrecy shall be removed
from any part of the proceedings of the Senate in closed
Executive or legislative session, the order of the Senate
removing the same shall be entered in the Legislative
Journal as well as in the Executive Journal, and shall be
published in the Congressional Record under the direction of
the Secretary of the Senate.
29.5 5.\24\ Any Senator, officer or employee of the Senate
who shall disclose the secret or confidential business or
proceedings of the Senate, including the business and
proceedings of the committees, subcommittees and offices of
the Senate shall be liable, if a Senator, to suffer
expulsion from the body; and if an officer or employee, to
dismissal from the service of the Senate, and to punishment
for contempt.
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\24\ As amended by S. Res. 363, 102-2, Oct. 8, 1992.
[[Page 53]]
29.6 6. Whenever, by the request of the Senate or any
committee thereof, any documents or papers shall be
communicated to the Senate by the President or the head of
any department relating to any matter pending in the Senate,
the proceedings in regard to which are secret or
confidential under the rules, said documents and papers
shall be considered as confidential, and shall not be
disclosed without leave of the Senate.
30 RULE XXX
EXECUTIVE SESSION--PROCEEDINGS ON TREATIES
30.1a 1. (a) When a treaty shall be laid before the Senate for
ratification, it shall be read a first time; and no motion
in respect to it shall be in order, except to refer it to a
committee, to print it in confidence for the use of the
Senate, or to remove the injunction of secrecy.
30.1b (b)\25\ When a treaty is reported from a committee with
or without amendment, it shall, unless the Senate
unanimously otherwise directs, lie over one day for
consideration; after which it may be read a second time,
after which amendments may be proposed. At any stage of such
proceedings the Senate may remove the injunction of secrecy
from the treaty.
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\25\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
30.1c (c) The decisions thus made shall be reduced to the form
of a resolution of ratification, with or without amendments,
as the case may be, which shall be proposed on a subsequent
day, unless, by unanimous consent, the Senate determine
otherwise, at which stage no amendment to the treaty shall
be received unless by unanimous consent; but the resolution
of ratification when pending shall be open to amendment in
the form of reservations, declarations, statements, or
understandings.
30.1d (d) On the final question to advise and consent to the
ratification in the form agreed to, the concurrence of two-
thirds of the Senators present shall be necessary to
determine it in the affirmative; but all other motions and
questions upon a treaty shall be decided by a majority vote,
except a motion to postpone indefinitely, which shall be
decided by a vote of two-thirds.
30.2 2. Treaties transmitted by the President to the Senate
for ratification shall be resumed at the second or any
subsequent session of the same Congress at the stage in
which they were left at the final adjournment of the session
at
[[Page 54]]
which they were transmitted; but all proceedings on treaties
shall terminate with the Congress, and they shall be resumed
at the commencement of the next Congress as if no
proceedings had previously been had thereon.
31 RULE XXXI
EXECUTIVE SESSION--PROCEEDINGS ON NOMINATIONS
31.1 1. When nominations shall be made by the President of
the United States to the Senate, they shall, unless
otherwise ordered, be referred to appropriate committees;
and the final question on every nomination shall be, ``Will
the Senate advise and consent to this nomination?'' which
question shall not be put on the same day on which the
nomination is received, nor on the day on which it may be
reported by a committee, unless by unanimous consent.
31.2 2. All business in the Senate shall be transacted in
open session, unless the Senate as provided in rule XXI by a
majority vote shall determine that a particular nomination,
treaty, or other matter shall be considered in closed
executive session, in which case all subsequent proceedings
with respect to said nomination, treaty, or other matter
shall be kept secret: Provided, That the injunction of
secrecy as to the whole or any part of proceedings in closed
executive session may be removed on motion adopted by a
majority vote of the Senate in closed executive session:
Provided further, That any Senator may make public his vote
in closed executive session.
31.3 3. When a nomination is confirmed or rejected, any
Senator voting in the majority may move for a
reconsideration on the same day on which the vote was taken,
or on either of the next two days of actual executive
session of the Senate; but if a notification of the
confirmation or rejection of a nomination shall have been
sent to the President before the expiration of the time
within which a motion to reconsider may be made, the motion
to reconsider shall be accompanied by a motion to request
the President to return such notification to the Senate. Any
motion to reconsider the vote on a nomination may be laid on
the table without prejudice to the nomination, and shall be
a final disposition of such motion.
31.4 4. Nominations confirmed or rejected by the Senate shall
not be returned by the Secretary to the President until the
expiration of the time limited for making a motion to
[[Page 55]]
reconsider the same, or while a motion to reconsider is
pending unless otherwise ordered by the Senate.
31.5 5. When the Senate shall adjourn or take a recess for
more than thirty days, all motions to reconsider a vote upon
a nomination which has been confirmed or rejected by the
Senate, which shall be pending at the time of taking such
adjournment or recess, shall fall; and the Secretary shall
return all such nominations to the President as confirmed or
rejected by the Senate, as the case may be.
31.6 6. Nominations neither confirmed nor rejected during the
session at which they are made shall not be acted upon at
any succeeding session without being again made to the
Senate by the President; and if the Senate shall adjourn or
take a recess for more than thirty days, all nominations
pending and not finally acted upon at the time of taking
such adjournment or recess shall be returned by the
Secretary to the President, and shall not again be
considered unless they shall again be made to the Senate by
the President.
31.7a 7. (a) The Official Reporters shall be furnished with a
list of nominations to office after the proceedings of the
day on which they are received, and a like list of all
confirmations and rejections.
31.7b (b) All nominations to office shall be prepared for the
printer by the Official Reporter, and printed in the
Congressional Record, after the proceedings of the day in
which they are received, also nominations recalled, and
confirmed.
31.7c (c) The Secretary shall furnish to the press, and to the
public upon request, the names of nominees confirmed or
rejected on the day on which a final vote shall be had,
except when otherwise ordered by the Senate.
32 RULE XXXII
THE PRESIDENT FURNISHED WITH COPIES OF RECORDS OF EXECUTIVE
SESSIONS
The President of the United States shall, from time to
time, be furnished with an authenticated transcript of the
public executive records of the Senate, but no further
extract from the Executive Journal shall be furnished by the
Secretary, except by special order of the Senate; and no
paper, except original treaties transmitted to the Senate by
the President of the United States, and finally acted upon
by the Senate, shall be delivered from the office of
[[Page 56]]
the Secretary without an order of the Senate for that
purpose.
33 RULE XXXIII
SENATE CHAMBER.--SENATE WING OF THE CAPITOL
33.1 1. The Senate Chamber shall not be granted for any other
purpose than for the use of the Senate; no smoking shall be
permitted at any time on the floor of the Senate, or lighted
cigars, cigarettes, or pipes be brought into the Chamber.
33.2 2. It shall be the duty of the Committee on Rules and
Administration to make all rules and regulations respecting
such parts of the Capitol, its passages and galleries,
including the restaurant and the Senate Office Buildings, as
are or may be set apart for the use of the Senate and its
officers, to be enforced under the direction of the
Presiding Officer. The Committee shall make such regulations
respecting the reporters' galleries of the Senate, together
with the adjoining rooms and facilities, as will confine
their occupancy and use to bona fide reporters of newspapers
and periodicals, and of news or press associations for daily
news dissemination through radio, television, wires, and
cables, and similar media of transmission. These regulations
shall so provide for the use of such space and facilities as
fairly to distribute their use to all such media of news
dissemination.
34 RULE XXXIV
34.1 PUBLIC FINANCIAL DISCLOSURE
1. For purposes of this rule, the provisions of Title I
of the Ethics in Government Act of 1978 shall be deemed to
be a rule of the Senate as it pertains to Members, officers,
and employees of the Senate.
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Note.--Financial disclosure requirements contained in
the Ethics in Government Act as amended are codified at 5
U.S.C. App. 6. See Senate Manual Sec. 910.
---------------------------------------------------------------------------
34.2a 2. (a) \26\ The Select Committee on Ethics shall
transmit a copy of each report filed with it under Title I
of the Ethics in Government Act of 1978 (other than a report
filed by a Member of Congress) to the head of the employing
office of the individual filing the report.
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\26\ Paragraph 2 added pursuant to S. Res. 236, 101-2,
Jan. 30, 1990.
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34.2b (b) For purposes of this rule, the head of the employing
office shall be--
[[Page 57]]
(1) in the case of an employee of a Member, the
Member by whom that person is employed;
(2) in the case of an employee of a Committee,
the chairman and ranking minority member of such
Committee;
(3) in the case of an employee on the leadership
staff, the Member of the leadership on whose staff
such person serves; and
(4) in the case of any other employee of the
legislative branch, the head of the office in which
such individual serves.
34.3 3.\27\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1 \28\ the following
additional information:
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\27\ Paragraphs 3 and 4 added pursuant to S. Res. 158,
104-1, July 28, 1995, effective Jan. 1, 1996, as amended by
S. Res. 198, 104-1, Dec. 7, 1995.
\28\ Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
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34.3a (a) For purposes of section 102(a)(1)(B) of the Ethics
in Government Act of 1978 additional categories of income as
follows:
(1) greater than $1,000,000 but not more
than $5,000,000, or
(2) greater than $5,000,000.
34.3b (b) For purposes of section 102(d)(1) of the Ethics in
Government Act of 1978 additional categories of value \29\
as follows:
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\29\ The word ``value'' replaced the word ``income''
pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(1) greater than $1,000,000 but not more
than $5,000,000;
(2) greater than $5,000,000 but not more
than $25,000,000;
(3) greater than $25,000,000 but not
more than $50,000,000; and
(4) greater than $50,000,000.
34.3c (c) For purposes of this paragraph and section 102 of
the Ethics in Government Act of 1978, additional categories
with amounts or values greater than $1,000,000 set forth in
section 102(a)(1)(B) and 102(d)(1) shall apply to the
income, assets, or liabilities of spouses and dependent
children only if the income, assets, or liabilities are held
jointly with the reporting individual. All other income,
assets, or liabilities of the spouse or dependent children
required to be reported under section 102 and this paragraph
in an
[[Page 58]]
amount of value greater than $1,000,000 shall be categorized
only as an amount or value greater than $1,000,000.
34.4 4.\30\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1 \31\ an additional
statement under section 102(a) of the Ethics in Government
Act of 1978 listing the category of the total cash value of
any interest of the reporting individual in a qualified
blind trust as provided in section 102(d)(1) of the Ethics
in Government Act of 1978, unless the trust instrument was
executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash
value of any interest in the qualified blind trust.
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\30\ Effective with respect to reports filed under Title
I of the Ethics in Government Act of 1978 for calendar year
1996 and thereafter.
\31\ Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
35 RULE XXXV
GIFTS \32\
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\32\ Amended pursuant to S. Res. 158, 104-1, July 28,
1995, effective Jan. 1, 1996. See also 2 U.S.C. 31-2, Senate
Manual Sec. 267.
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35.1a 1. (a)(1) No Member, officer, or employee of the Senate
shall knowingly accept a gift except as provided in this
rule.
(2) A Member, officer, or employee may accept a gift
(other than cash or cash equivalent) which the Member,
officer, or employee reasonably and in good faith believes
to have a value of less than $50, and a cumulative value
from one source during a calendar year of less than $100. No
gift with a value below $10 shall count toward the $100
annual limit. No formal recordkeeping is required by this
paragraph, but a Member, officer, or employee shall make a
good faith effort to comply with this paragraph.
35.1b (b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having
monetary value. The term includes gifts of services,
training, transportation, lodging, and meals, whether
provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been
incurred.
(2)(A) A gift to a family member of a Member, officer,
or employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
[[Page 59]]
or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time
and place to both a Member, officer, or employee and the
spouse or dependent thereof, only the food or refreshment
provided to the Member, officer, or employee shall be
treated as a gift for purposes of this rule.
35.1c (c) The restrictions in subparagraph (a) shall not apply
to the following:
(1) Anything for which the Member, officer, or
employee pays the market value, or does not use and
promptly returns to the donor.
(2) A contribution, as defined in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, or attendance
at a fundraising event sponsored by a political
organization described in section 527(e) of the
Internal Revenue Code of 1986.
(3) A gift from a relative as described in
section 109(16) of Title I of the Ethics Reform Act
of 1989 (5 U.S.C. App. 6).\33\
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\33\ As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
Senate Manual Sec. 918 for definitions.
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(4)(A) Anything, including personal
hospitality,\34\ provided by an individual on the
basis of a personal friendship unless the Member,
officer, or employee has reason to believe that,
under the circumstances, the gift was provided
because of the official position of the Member,
officer, or employee and not because of the personal
friendship.
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\34\ ``including personal hospitality'' inserted
pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
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(B) In determining whether a gift is provided on
the basis of personal friendship, the Member,
officer, or employee shall consider the
circumstances under which the gift was offered, such
as:
(i) The history of the relationship
between the individual giving the gift and
the recipient of the gift, including any
previous exchange of gifts between such
individuals.
(ii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who
[[Page 60]]
gave the gift personally paid for the gift
or sought a tax deduction or business
reimbursement for the gift.
(iii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift also at the
same time gave the same or similar gifts to
other Members, officers, or employees.
(5) A contribution or other payment to a legal
expense fund established for the benefit of a
Member, officer, or employee, that is otherwise
lawfully made, subject to the disclosure
requirements of the Select Committee on Ethics,
except as provided in paragraph 3(c).
(6) Any gift from another Member, officer, or
employee of the Senate or the House of
Representatives.
(7) Food, refreshments, lodging, and other
benefits--
(A) resulting from the outside business
or employment activities (or other outside
activities that are not connected to the
duties of the Member, officer, or employee
as an officeholder) of the Member, officer
or employee, or the spouse of the Member,
officer, or employee, if such benefits have
not been offered or enhanced because of the
official position of the Member, officer, or
employee and are customarily provided to
others in similar circumstances;
(B) customarily provided by a
prospective employer in connection with bona
fide employment discussions; or
(C) provided by a political organization
described in section 527(e) of the Internal
Revenue Code of 1986 in connection with a
fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
(9) Informational materials that are sent to the
office of the Member, officer, or employee in the
form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of
communication.
[[Page 61]]
(10) Awards or prizes which are given to
competitors in contests or events open to the
public, including random drawings.
(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in
recognition of public service (and associated food,
refreshments, and entertainment provided in the
presentation of such degrees and awards).
(12) Donations of products from the State that
the Member represents that are intended primarily
for promotional purposes, such as display or free
distribution, and are of minimal value to any
individual recipient.
(13) Training (including food and refreshments
furnished to all attendees as an integral part of
the training) provided to a Member, officer, or
employee, if such training is in the interest of the
Senate.
(14) Bequests, inheritances, and other transfers
at death.
(15) Any item, the receipt of which is
authorized by the Foreign Gifts and Decorations Act,
the Mutual Educational and Cultural Exchange Act, or
any other statute.
(16) Anything which is paid for by the Federal
Government, by a State or local government, or
secured by the Government under a Government
contract.
(17) A gift of personal hospitality (as defined
in section 109(14) of the Ethics in Government Act)
\35\ of an individual other than a registered
lobbyist or agent of a foreign principal.
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\35\ See Senate Manual Sec. 918 for definitions.
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(18) Free attendance at a widely attended event
permitted pursuant to subparagraph (d).
(19) Opportunities and benefits which are--
(A) available to the public or to a
class consisting of all Federal employees,
whether or not restricted on the basis of
geographic consideration;
(B) offered to members of a group or
class in which membership is unrelated to
congressional employment;
(C) offered to members of an
organization, such as an employees'
association or congressional
[[Page 62]]
credit union, in which membership is related
to congressional employment and similar
opportunities are available to large
segments of the public through organizations
of similar size;
(D) offered to any group or class that
is not defined in a manner that specifically
discriminates among Government employees on
the basis of branch of Government or type of
responsibility, or on a basis that favors
those of higher rank or rate of pay;
(E) in the form of loans from banks and
other financial institutions on terms
generally available to the public; or
(F) in the form of reduced membership or
other fees for participation in organization
activities offered to all Government
employees by professional organizations if
the only restrictions on membership relate
to professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended solely for presentation.
(21) Anything for which, in an unusual case, a
waiver is granted by the Select Committee on Ethics.
(22) Food or refreshments of a nominal value
offered other than as a part of a meal.
(23) An item of little intrinsic value such as a
greeting card, baseball cap, or a T-shirt.
35.1d (d)(1) A Member, officer, or employee may accept an
offer of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the
sponsor of the event, if--
(A) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
(B) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be simi
[[Page 63]]
larly accompanied or if such attendance is appropriate to
assist in the representation of the Senate.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with an event that does not meet the
standards provided in paragraph 2.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does
not include entertainment collateral to the event, nor does
it include food or refreshments taken other than in a group
setting with all or substantially all other attendees.
35.1e (e) No Member, officer, or employee may accept a gift
the value of which exceeds $250 on the basis of the personal
friendship exception in subparagraph (c)(4) unless the
Select Committee on Ethics issues a written determination
that such exception applies. No determination under this
subparagraph is required for gifts given on the basis of the
family relationship exception.
35.1f (f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
35.2a 2. (a)(1) A reimbursement (including payment in kind) to
a Member, officer, or employee from an individual other than
a registered lobbyist or agent of a foreign principal for
necessary transportation, lodging and related expenses for
travel to a meeting, speaking engagement, factfinding trip
or similar event in connection with the duties of the
Member, officer, or employee as an officeholder shall be
deemed to be a reimbursement to the Senate and not a gift
prohibited by this rule, if the Member, officer, or
employee--
(A) in the case of an employee, receives advance
authorization, from the Member or officer under
whose direct supervision the employee works, to
accept reimbursement, and
(B) discloses the expenses reimbursed or to be
reimbursed and the authorization to the Secretary of
the Senate within 30 days after the travel is
completed.
[[Page 64]]
(2) For purposes of clause (1), events, the activities
of which are substantially recreational in nature, shall not
be considered to be in connection with duties of a Member,
officer, or employee as an officeholder.
35.2b (b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel;
and
(4) a determination that the travel is in
connection with the duties of the employee as an
officeholder and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c) Each disclosure made under subparagraph (a)(1) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
(1) a good faith estimate of total
transportation expenses reimbursed or to be
reimbursed;
(2) a good faith estimate of total lodging
expenses reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
(5) a determination that all such expenses are
necessary transportation, lodging, and related
expenses as defined in this paragraph; and
(6) in the case of a reimbursement to a Member
or officer, a determination that the travel was in
connection with the duties of the Member or officer
as an officeholder and would not create the
appearance that the Member or officer is using
public office for private gain.
35.2d (d) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
(1) includes reasonable expenses that are
necessary for travel for a period not exceeding 3
days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of
the United States
[[Page 65]]
unless approved in advance by the Select Committee
on Ethics;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and
materials, and food and refreshments, including
reimbursement for necessary transportation, whether
or not such transportation occurs within the periods
described in clause (1);
(3) does not include expenditures for
recreational activities, nor does it include
entertainment other than that provided to all
attendees as an integral part of the event, except
for activities or entertainment otherwise
permissible under this rule; and
(4) may include travel expenses incurred on
behalf of either the spouse or a child of the
Member, officer, or employee, subject to a
determination signed by the Member or officer (or in
the case of an employee, the Member or officer under
whose direct supervision the employee works) that
the attendance of the spouse or child is appropriate
to assist in the representation of the Senate.
35.2e (e) The Secretary of the Senate shall make available to
the public all advance authorizations and disclosures of
reimbursement filed pursuant to subparagraph (a) as soon as
possible after they are received.
35.3 3. A gift prohibited by paragraph 1(a) includes the
following:
35.3a
(a) Anything provided by a registered lobbyist
or an agent of a foreign principal to an entity that
is maintained or controlled by a Member, officer, or
employee.
35.3b
(b) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a registered lobbyist or an agent of a
foreign principal on the basis of a designation,
recommendation, or other specification of a Member,
officer, or employee (not including a mass mailing
or other solicitation directed to a broad category
of persons or entities), other than a charitable
contribution permitted by paragraph 4.
35.3c
(c) A contribution or other payment by a
registered lobbyist or an agent of a foreign
principal to a legal expense fund established for
the benefit of a Member, officer, or employee.
[[Page 66]]
35.3d
(d) A financial contribution or expenditure made
by a registered lobbyist or an agent of a foreign
principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an
official congressional organization, for or on
behalf of Members, officers, or employees.
35.4a 4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is
reported as provided in subparagraph (b).
35.4b (b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in subparagraph (a) shall report
within 30 days after such designation or recommendation to
the Secretary of the Senate--
(1) the name and address of the registered
lobbyist who is making the contribution in lieu of
honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable
organization designated or recommended by the
Member.
The Secretary of the Senate shall make public information
received pursuant to this subparagraph as soon as possible
after it is received.
35.5 5. For purposes of this rule--
35.5a
(a) the term ``registered lobbyist'' means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
35.5b
(b) the term ``agent of a foreign principal''
means an agent of a foreign principal registered
under the Foreign Agents Registration Act.
35.6 6. All the provisions of this rule shall be interpreted
and enforced solely by the Select Committee on Ethics. The
Select Committee on Ethics is authorized to issue guidance
on any matter contained in this rule.
36 RULE XXXVI \36\
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\36\ Previous provisions of Rule XXXVI were repealed by
S. Res. 512, 97-2, Dec. 14, 1982, effective Jan. 1, 1983.
New Rule XXXVI language established by S. Res. 192, 102-1,
Oct. 31, 1991, effective Aug. 14, 1991. See Senate Manual
Sec. Sec. 922-926 for provisions of 5 U.S.C. App. 7.
---------------------------------------------------------------------------
OUTSIDE EARNED INCOME
36.1 For purposes of this rule, the provisions of section 501
of the Ethics in Government Act of 1978 (5 U.S.C. App.
[[Page 67]]
7 501) shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
37 RULE XXXVII
CONFLICT OF INTEREST
37.1 1. A Member, officer, or employee of the Senate shall
not receive any compensation, nor shall he permit any
compensation to accrue to his beneficial interest from any
source, the receipt or accrual of which would occur by
virtue of influence improperly exerted from his position as
a Member, officer, or employee.
37.2 2. No Member, officer, or employee shall engage in any
outside business or professional activity or employment for
compensation which is inconsistent or in conflict with the
conscientious performance of official duties.
37.3 3. No officer or employee shall engage in any outside
business or professional activity or employment for
compensation unless he has reported in writing when such
activity or employment commences and on May 15 of each year
thereafter so long as such activity or employment continues,
the nature of such activity or employment to his supervisor.
The supervisor shall then, in the discharge of his duties,
take such action as he considers necessary for the avoidance
of conflict of interest or interference with duties to the
Senate.
37.4 4. No Member, officer, or employee shall knowingly use
his official position to introduce or aid the progress or
passage of legislation, a principal purpose of which is to
further only his pecuniary interest, only the pecuniary
interest of his immediate family, or only the pecuniary
interest of a limited class of persons or enterprises, when
he, or his immediate family, or enterprises controlled by
them, are members of the affected class.
37.5a 5. (a) \37\ No Member, officer, or employee of the
Senate compensated at a rate in excess of $25,000 per annum
and employed for more than ninety days in a calendar year
shall (1) affiliate with a firm, partnership, association,
or corporation for the purpose of providing professional
services for compensation; (2) permit that individual's name
to be used by such a firm, partnership, association or
corporation; or (3) practice a profession for compensation
to any extent during regular office hours of the Senate
office
[[Page 68]]
in which employed. For the purposes of this paragraph,
``professional services'' shall include but not be limited
to those which involve a fiduciary relationship.
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\37\ Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 5 renumbered 5(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
37.5b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not----
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary relationship;
or
(4) receive compensation for teaching, without
the prior notification and approval of the Select
\38\ Committee on Ethics.
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\38\ Added pursuant to S. Res. 299, 106-2, Apr. 27,
2000.
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37.6a 6. (a) \39\ No Member, officer, or employee of the
Senate compensated at a rate in excess of $25,000 per annum
and employed for more than ninety days in a calendar year
shall serve as an officer or member of the board of any
publicly held or publicly regulated corporation, financial
institution, or business entity. The preceding sentence
shall not apply to service of a Member, officer, or employee
as--
---------------------------------------------------------------------------
\39\ Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 6 renumbered 6(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
(1) an officer or member of the board of an
organization which is exempt from taxation under
section 501(c) of the Internal Revenue Code of 1954,
if such service is performed without compensation;
(2) an officer or member of the board of an
institution or organization which is principally
available to Members, officers, or employees of the
Senate, or their families, if such service is
performed without compensation; or
(3) a member of the board of a corporation,
institution, or other business entity, if (A) the
Member, officer, or employee had served continuously
as a member of the board thereof for at least two
years prior to his election or appointment as a
Member, officer, or employee of the Senate, (B) the
amount of time re
[[Page 69]]
quired to perform such service is minimal, and (C)
the Member, officer, or employee is not a member of,
or a member of the staff of any Senate committee
which has legislative jurisdiction over any agency
of the Government charged with regulating the
activities of the corporation, institution, or other
business entity.
37.6b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not serve for compensation as an
officer or member of the board of any association,
corporation, or other entity.
37.7 7. An employee on the staff of a committee who is
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
divest himself of any substantial holdings which may be
directly affected by the actions of the committee for which
he works, unless the Select Committee, after consultation
with the employee's supervisor, grants permission in writing
to retain such holdings or the employee makes other
arrangements acceptable to the Select Committee and the
employee's supervisor to avoid participation in committee
actions where there is a conflict of interest, or the
appearance thereof.
37.8 8. If a Member, upon leaving office, becomes a
registered lobbyist under the Federal Regulation of Lobbying
Act of 1946 or any successor statute, or is employed or
retained by such a registered lobbyist for the purpose of
influencing legislation, he shall not lobby Members,
officers, or employees of the Senate for a period of one
year after leaving office.
37.9 9. If an employee on the staff of a Member, upon leaving
that position, becomes a registered lobbyist under the
Federal Regulation of Lobbying Act of 1946 or any successor
statute, or is employed or retained by such a registered
lobbyist for the purpose of influencing legislation, such
employee may not lobby the Member for whom he worked or that
Member's staff for a period of one year after leaving that
position. If an employee on the staff of a committee, upon
leaving his position, becomes such a registered lobbyist or
is employed or retained by such a registered lobbyist for
the purpose of influencing legislation, such employee may
not lobby the members of the committee for
[[Page 70]]
which he worked, or the staff of that committee, for a
period of one year after leaving his position.
37.10a 10. (a) \40\ Except as provided by subparagraph (b), any
employee of the Senate who is required to file a report
pursuant to rule XXXIV shall refrain from participating
personally and substantially as an employee of the Senate in
any contact with any agency of the executive or judicial
branch of Government with respect to non-legislative matters
affecting any non-governmental person in which the employee
has a significant financial interest.
---------------------------------------------------------------------------
\40\ Pursuant to S. Res. 236, 101-2, Jan. 30, 1990,
paragraphs 10. and 11. were renumbered as 11. and 12.
respectively and paragraph 10. was added.
---------------------------------------------------------------------------
37.10b (b) Subparagraph (a) shall not apply if an employee
first advises his supervising authority of his significant
financial interest and obtains from his employing authority
a written waiver stating that the participation of the
employee is necessary. A copy of each such waiver shall be
filed with the Select Committee.
37.11 11. For purposes of this rule--
37.11a
(a) ``employee of the Senate'' includes an
employee or individual described in paragraphs 2, 3,
and 4(c) of rule XLI;
37.11b
(b) an individual who is an employee on the
staff of a subcommittee of a committee shall be
treated as an employee on the staff of such
committee; and
37.11c
(c) the term ``lobbying'' means any oral or
written communication to influence the content or
disposition of any issue before Congress, including
any pending or future bill, resolution, treaty,
nomination, hearing, report, or investigation; but
does not include--
(1) a communication (i) made in the form
of testimony given before a committee or
office of the Congress, or (ii) submitted
for inclusion in the public record, public
docket, or public file of a hearing; or
(2) a communication by an individual,
acting solely on his own behalf, for redress
of personal grievances, or to express his
personal opinion.
37.12 12. For purposes of this rule--
37.12a
(a) a Senator or the Vice President is the
supervisor of his administrative, clerical, or other
assistants;
37.12b
(b) a Senator who is the chairman of a committee
is the supervisor of the professional, clerical, or
other assistants to the committee except that
minority staff
[[Page 71]]
members shall be under the supervision of the
ranking minority Senator on the committee;
37.12c
(c) a Senator who is a chairman of a
subcommittee which has its own staff and financial
authorization is the supervisor of the professional,
clerical, or other assistants to the subcommittee
except that minority staff members shall be under
the supervision of the ranking minority Senator on
the subcommittee;
37.12d
(d) the President pro tempore is the supervisor
of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper, the Chaplain, the Legislative Counsel,
and the employees of the Office of the Legislative
Counsel;
37.12e
(e) the Secretary of the Senate is the
supervisor of the employees of his office;
37.12f
(f) the Sergeant at Arms and Doorkeeper is the
supervisor of the employees of his office;
37.12g
(g) the Majority and Minority Leaders and the
Majority and Minority Whips are the supervisors of
the research, clerical, or other assistants assigned
to their respective offices;
37.12h
(h) the Majority Leader is the supervisor of the
Secretary for the Majority and the Secretary for the
Majority is the supervisor of the employees of his
office; and
37.12i
(i) the Minority Leader is the supervisor of the
Secretary for the Minority and the Secretary for the
Minority is the supervisor of the employees of his
office.
38 RULE XXXVIII
PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS
38.1a 1. (a) \41\ No Member may maintain or have maintained
for his use an unofficial office account. The term
``unofficial office account'' means an account or repository
into which funds are received for the purpose, at least in
part, of defraying otherwise unreimbursed expenses allowable
in connection with the operation of a Member's office. An
unofficial office account does not include, and expenses
incurred by a Member in connection with his official duties
shall be defrayed only from--
---------------------------------------------------------------------------
\41\ Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
paragraph 1 was renumbered 1(a) and subparagraph (b) was
added. Effective date revised to May 1, 1992, by a provision
of Pub. L. 102-229, Dec. 12, 1991. Provisions of 2 U.S.C.
431 are contained in the Senate Manual at Sec. 515.
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(1) personal funds of the Member;
[[Page 72]]
(2) official funds specifically appropriated for
that purpose;
(3) funds derived from a political committee (as
defined in section 301(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431)); and
(4) funds received as reasonable reimbursements
for expenses incurred by a Member in connection with
personal services provided by the Member to the
organization making the reimbursement.
38.1b (b) Notwithstanding subparagraph (a), official expenses
may be defrayed only as provided by subsections (d) and (i)
of section 311 of the Legislative Appropriations Act, 1991
(Public Law 101-520).
38.2 2. No contribution (as defined in section 301(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall
be converted to the personal use of any Member or any former
Member. For the purposes of this rule ``personal use'' does
not include reimbursement of expenses incurred by a Member
in connection with his official duties.
39 RULE XXXIX
FOREIGN TRAVEL
39.1a 1. (a) Unless authorized by the Senate (or by the
President of the United States after an adjournment sine
die), no funds from the United States Government (including
foreign currencies made available under section 502(b) of
the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be
received for the purpose of travel outside the United States
by any Member of the Senate whose term will expire at the
end of a Congress after--
(1) the date of the general election in which
his successor is elected; or
(2) in the case of a Member who is not a
candidate in such general election, the earlier of
the date of such general election or the adjournment
sine die of the second regular session of that
Congress.
39.1b (b) \42\ The travel restrictions provided by
subparagraph (a) with respect to a Member of the Senate
whose term will expire at the end of a Congress shall apply
to travel by--
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\42\ Pursuant to S. Res. 80, 100-1, Jan. 28, 1987,
paragraph 1 was renumbered as 1. (a) and subparagraph (b)
was added.
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(1) any employee of the Member;
[[Page 73]]
(2) any elected officer of the Senate whose
employment will terminate at the end of a Congress;
and
(3) any employee of a committee whose employment
will terminate at the end of a Congress.
39.2 2. No Member, officer, or employee engaged in foreign
travel may claim payment or accept funds from the United
States Government (including foreign currencies made
available under section 502(b) of the Mutual Security Act of
1954 (22 U.S.C. 1754(b)) for any expense for which the
individual has received reimbursement from any other source;
nor may such Member, officer, or employee receive
reimbursement for the same expense more than once from the
United States Government. No Member, officer, or employee
shall use any funds furnished to him to defray ordinary and
necessary expenses of foreign travel for any purpose other
than the purpose or purposes for which such funds were
furnished.
39.3 3. A per diem allowance provided a Member, officer, or
employee in connection with foreign travel shall be used
solely for lodging, food, and related expenses and it is the
responsibility of the Member, officer, or employee receiving
such an allowance to return to the United States Government
that portion of the allowance received which is not actually
used for necessary lodging, food, and related expenses.
40 RULE XL
FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS \43\
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\43\ Section 3210 of Title 39, U.S.C., contains
statutory provisions are parallel to certain provisions of
rule XL relating to the franking privilege. See Senate
Manual Sec. 1096.
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40.1 1. A Senator or an individual who is a candidate for
nomination for election, or election, to the Senate may not
use the frank for any mass mailing (as defined in section
3210(a)(6)(E) \44\ of Title 39, United States Code) if such
mass mailing is mailed at or delivered to any postal
facility less than sixty days immediately before the date of
any primary or general election (whether regular, special,
or runoff) in which the Senator is a candidate for public
office or the individual is a candidate for Senator, unless
the candidacy of the Senator in such election is
uncontested.\45\
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\44\ Citation corrected by S. Res. 187, 101-1, Oct. 2,
1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
\45\ As amended, S. Res. 224, 103-2, June 21, 1994.
[[Page 74]]
40.2 2. A Senator shall use only official funds of the
Senate, including his official Senate allowances, to
purchase paper, to print, or to prepare any mass mailing
material which is to be sent out under the frank.
40.3a 3. (a) When a Senator disseminates information under the
frank by a mass mailing (as defined in section 3210(a)(6)(E)
of Title 39, United States Code), the Senator shall register
quarterly \46\ with the Secretary of the Senate such mass
mailings. Such registration shall be made by filing with the
Secretary a copy of the matter mailed and providing, on a
form supplied by the Secretary, a description of the group
or groups of persons to whom the mass mailing was mailed.
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\46\ Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C.
59g, See Senate Manual Sec. 304.
40.3b (b) The Secretary of the Senate shall promptly make
available for public inspection and copying a copy of the
mail matter registered, and a description of the group or
groups of persons to whom the mass mailing was mailed.
40.4 4. Nothing in this rule shall apply to any mailing under
the frank which is (a) in direct response to inquiries or
requests from persons to whom the matter is mailed; (b)
addressed to colleagues in Congress or to government
officials (whether Federal, State, or local); or (c)
consists entirely of news releases to the communications
media.
40.5 5. The Senate computer facilities shall not be used (a)
to store, maintain, or otherwise process any lists or
categories of lists of names and addresses identifying the
individuals included in such lists as campaign workers or
contributors, as members of a political party, or by any
other partisan political designation, (b) to produce
computer printouts except as authorized by user guides
approved by the Committee on Rules and Administration, or
(c) to produce mailing labels for mass mailings, or computer
tapes and discs, for use other than in service facilities
maintained and operated by the Senate or under contract to
the Senate. The Committee on Rules and Administration shall
prescribe such regulations not inconsistent with the
purposes of this paragraph as it determines necessary to
carry out such purposes.
40.6a 6. (a) The radio and television studios provided by the
Senate or by the House of Representatives may not be used by
a Senator or an individual who is a candidate for nomination
for election, or election, to the Senate less than sixty
[[Page 75]]
days immediately before the date of any primary or general
election (whether regular, special, or runoff) in which that
Senator is a candidate for public office or that individual
is a candidate for Senator, unless the candidacy of the
Senator in such election is uncontested.\47\
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\47\ As amended, S. Res. 224, 103-2, June 21, 1994.
40.6b (b) This paragraph shall not apply if the facilities are
to be used at the request of, and at the expense of, a
licensed broadcast organization or an organization exempt
from taxation under section 501(c)(3) of the Internal
Revenue Code of 1954.
41 RULE XLI
POLITICAL FUND ACTIVITY; DEFINITIONS
41.1 1. No officer or employee of the Senate may receive,
solicit, be a custodian of, or distribute any funds in
connection with any campaign for the nomination for
election, or the election, of any individual to be a Member
of the Senate or to any other Federal office. This
prohibition does not apply to three \48\ assistants to a
Senator, at least one of whom is in Washington, District of
Columbia, who have been designated by that Senator to
perform any of the functions described in the first sentence
of this paragraph and who are compensated at an annual rate
in excess of $10,000 if such designation has been made in
writing and filed with the Secretary of the Senate and if
each such assistant files a financial statement in the form
provided under rule XXXIV for each year during which he is
designated under this rule. The Majority Leader and the
Minority Leader may each designate an employee of their
respective leadership office staff as one of the 3 designees
referred to in the second sentence.\49\ The Secretary of the
Senate shall make the designation available for public
inspection.
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\48\ As amended by S. Res. 258, 100-1, Oct. 1, 1987.
\49\ Pursuant to S. Res. 236, 101-2, Jan 30, 1990.
41.2 2. For purposes of the Senate Code of Official Conduct--
41.2a
(a) an employee of the Senate includes any
employee whose salary is disbursed by the Secretary
of the Senate; and
41.2b
(b) the compensation of an officer or employee
of the Senate who is a reemployed annuitant shall
include amounts received by such officer or employee
[[Page 76]]
as an annuity, and such amounts shall be treated as
disbursed by the Secretary of the Senate.
41.3 3. Before approving the utilization by any committee of
the Senate of the services of an officer or employee of the
Government in accordance with paragraph 4 \50\ of rule XXVII
or with an authorization provided by Senate resolution, the
Committee on Rules and Administration shall require such
officer or employee to agree in writing to comply with the
Senate Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate. Any such
officer or employee shall, for purposes of such Code, be
treated as an employee of the Senate receiving compensation
disbursed by the Secretary of the Senate in an amount equal
to the amount of compensation he is receiving as an officer
or employee of the Government.
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\50\ Reference corrected by S. Res. 192, 102-1, Oct. 31,
1991.
41.4 4. No Member, officer, or employee of the Senate shall
utilize the full-time services of an individual for more
than ninety days in a calendar year in the conduct of
official duties of any committee or office of the Senate
(including a Member's office) unless such individual--
41.4a
(a) is an officer or employee of the Senate,
41.4b
(b) is an officer or employee of the Government
(other than the Senate), or
41.4c
(c) agrees in writing to comply with the Senate
Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate.
Any individual to whom subparagraph (c) applies shall, for
purposes of such Code, be treated as an employee of the
Senate receiving compensation disbursed by the Secretary of
the Senate in an amount equal to the amount of compensation
which such individual is receiving from any source for
performing such services.
41.5 5. In exceptional circumstances for good cause shown,
the Select Committee on Ethics may waive the applicability
of any provision of the Senate Code of Official Conduct to
an employee hired on a per diem basis.
41.6a 6. (a) The supervisor of an individual who performs
services for any Member, committee, or office of the Senate
for a period in excess of four weeks and who receives
compensation therefor from any source other than the United
States Government shall report to the Select Committee on
Ethics with respect to the utilization of the services of
such individual.
[[Page 77]]
41.6b (b) A report under subparagraph (a) shall be made with
respect to an individual--
(1) when such individual begins performing
services described in such subparagraph;
(2) at the close of each calendar quarter while
such individual is performing such services; and
(3) when such individual ceases to perform such
services.
Each such report shall include the identity of the source of
the compensation received by such individual and the amount
or rate of compensation paid by such source.
41.6c (c) No report shall be required under subparagraph (a)
with respect to an individual who normally performs services
for a Member, committee, or office for less than eight hours
a week.
41.6d (d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 of rule
XXXVII.\51\
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\51\ Redesignated pursuant to S. Res. 236, 101-2, Jan.
30, 1990 and S. Res. 299, 106-2, Apr. 27, 2000.
42 RULE XLII
EMPLOYMENT PRACTICES
42.1 1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
42.1a
(a) fail or refuse to hire an individual;
42.1b
(b) discharge an individual; or
42.1c
(c) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment
on the basis of such individual's race, color, religion,
sex, national origin, age, or state of physical handicap.
42.2 2.\52\ For purposes of this rule, the provisions of
section 509(a) of the Americans With Disabilities Act of
1990 shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
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\52\ Added by S. Res. 192, 102-1, Oct. 31, 1991,
effective July 26, 1990. ADA was subsequently amended by the
Government Employee Rights Act of 1991 (Title 3, Civil
Rights Act of 1991, Pub. L. 102-166, codified at 2 U.S.C.
1201 et seq.). See Senate Manual Sec. Sec. 672, 673.
[[Page 78]]
43 RULE XLIII
REPRESENTATION BY MEMBERS \53\
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\53\ Rule established by S. Res. 273, 102-2, July 2,
1992.
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43.1 1. In responding to petitions for assistance, a Member
of the Senate, acting directly or through employees, has the
right to assist petitioners before executive and independent
government officials and agencies.
43.2 2. At the request of a petitioner, a Member of the
Senate, or a Senate employee, may communicate with an
executive or independent government official or agency on
any matter to--
43.2a
(a) request information or a status report;
43.2b
(b) urge prompt consideration;
43.2c
(c) arrange for interviews or appointments;
43.2d
(d) express judgments;
43.2e
(e) call for reconsideration of an
administrative response which the Member believes is
not reasonably supported by statutes, regulations or
considerations of equity or public policy; or
43.2f
(f) perform any other service of a similar
nature consistent with the provisions of this rule.
43.3 3. The decision to provide assistance to petitioners may
not be made on the basis of contributions or services, or
promises of contributions or services, to the Member's
political campaigns or to other organizations in which the
Member has a political, personal, or financial interest.
43.4 4. A Member shall make a reasonable effort to assure
that representations made in the Member's name by any Senate
employee are accurate and conform to the Member's
instructions and to this rule.
43.5 5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.