[Senate Document 106-15]
[From the U.S. Government Publishing Office]
106th Congress Document
SENATE
2d Session 106-15
_______________________________________________________________________
STANDING RULES OF THE SENATE
Revised to April 27, 2000
November 19, 1999.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
62-878 CC WASHINGTON : 2000
_______________________________________________________________________
COMMITTEE ON RULES AND ADMINISTRATION
MITCH McCONNELL, Kentucky, Chairman
JESSE HELMS, North Carolina CHRISTOPHER J. DODD, Connecticut
TED STEVENS, Alaska ROBERT C. BYRD, West Virginia
JOHN W. WARNER, Virginia DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi DANIEL PATRICK MOYNIHAN, New York
RICK SANTORUM, Pennsylvania DIANNE FEINSTEIN, California
DON NICKLES, Oklahoma ROBERT G. TORRICELLI, New Jersey
TRENT LOTT, Mississippi CHARLES E. SCHUMER, New York
KAY BAILEY HUTCHISON, Texas
Tamara S. Somerville, Staff Director
G. Hunter Bates, Chief Counsel
Kennie L. Gill, Democratic Staff Director and Chief Counsel
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[Excerpt from the Congressional Record, Nov. 19, 1999, p.
S14929 (daily ed.)]
Ms. Collins. Mr. President, I ask unanimous consent that
the Committee on Rules and Administration be directed to
prepare a revised edition of the Standing Rules of the Senate,
and that such standing rules be printed as a Senate document.
I further ask unanimous consent that beyond the usual
number, 2,500 additional copies of this document be printed for
the use of the Committee on Rules and Administration.
The Presiding Officer. Without objection, it is so ordered.
(ii)
C O N T E N T S
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Rule Page
I. Appointment of a Senator to the Chair............................................................. 1
II. Presentation of credentials and questions of privilege............................................ 1
III. Oaths............................................................................................. 3
IV. Commencement of daily sessions.................................................................... 3
V. Suspension and amendment of the rules............................................................. 4
VI. Quorum--absent Senators may be sent for........................................................... 4
VII. Morning business.................................................................................. 5
VIII. Order of business................................................................................. 6
IX. Messages.......................................................................................... 6
X. Special orders.................................................................................... 7
XI. Papers--withdrawal, printing, reading of, and reference........................................... 7
XII. Voting procedure.................................................................................. 8
XIII. Reconsideration................................................................................... 8
XIV. Bills, joint resolutions, resolutions, and preambles thereto...................................... 9
XV. Amendments and motions............................................................................ 10
XVI. Appropriations and amendments to general appropriations bills..................................... 11
XVII. Reference to committees; motions to discharge; reports of committees; and hearings available...... 12
XVIII. Business continued from session to session........................................................ 13
XIX. Debate............................................................................................ 13
XX. Questions of order................................................................................ 14
XXI. Session with closed doors......................................................................... 15
XXII. Precedence of motions............................................................................. 15
XXIII. Privilege of the floor............................................................................ 17
XXIV. Appointment of committees......................................................................... 18
XXV. Standing committees............................................................................... 18
Agriculture, Nutrition, and Forestry............................................................ 18
Appropriations.................................................................................. 19
Armed Services.................................................................................. 19
Banking, Housing, and Urban Affairs............................................................. 19
Budget.......................................................................................... 20
Commerce, Science, and Transportation........................................................... 20
Energy and Natural Resources.................................................................... 21
Environment and Public Works.................................................................... 21
Finance......................................................................................... 22
Foreign Relations............................................................................... 22
Governmental Affairs............................................................................ 23
Health, Education, Labor, and Pensions.......................................................... 24
Judiciary....................................................................................... 24
Rules and Administration........................................................................ 25
Small Business.................................................................................. 26
Veterans' Affairs............................................................................... 26
Number of members............................................................................... 26
Limitations and exceptions in respect to committee membership................................... 27
XXVI. Committee procedure............................................................................... 29
XXVII. Committee staff................................................................................... 37
XXVIII Conference committees; reports; open meetings..................................................... 37
.
XXIX. Executive sessions................................................................................ 38
XXX. Executive session--proceedings on treaties........................................................ 39
XXXI. Executive session--proceedings on nominations..................................................... 40
XXXII. The President furnished with copies of records of executive sessions.............................. 41
XXXIII Senate Chamber--Senate wing of the Capitol........................................................ 41
.
XXXIV. Public financial disclosure....................................................................... 42
XXXV. Gifts............................................................................................. 43
XXXVI. Outside earned income............................................................................. 49
XXXVII Conflict of interest.............................................................................. 49
.
XXXVII Prohibition of unofficial office accounts......................................................... 52
I.
XXXIX. Foreign travel.................................................................................... 53
XL. Franking privilege and radio and television studios............................................... 54
XLI. Political fund activity; definitions.............................................................. 55
XLII. Employment practices.............................................................................. 57
XLIII. Representation by Members......................................................................... 57
Index............................................................................................. 58
STANDING RULES OF THE SENATE
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[Changes to Senate rules since the last general revision in
1979 are indicated by footnotes.
[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.
[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 edition.]
----------
RULE I
appointment of a senator to the chair
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.
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.
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 extend beyond an adjournment,
except by unanimous consent.
RULE II
presentation of credentials and questions of privilege
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. 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.
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 CERTIFICATE OF ELECTION AND CERTIFICATE OF
APPOINTMENT ARE AS FOLLOWS \1\:
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\1\ All year designations within the following certificates were
changed from 19 to 20 by S. Res. 299, 106-2, Apr. 27, 2000.
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``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____.
``Witness: His excellency our governor ____, and our seal
hereto affixed at ______ this ____ day of ____, in the year of
our Lord 20____.
``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.''
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.)
RULE IV
commencement of daily sessions
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, S. Res. 28, 99-2, Feb. 27, 1986; S. Res. 113, 106-
1, June 23, 1999.
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(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.
(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 a brief
statement of the contents of each petition, memorial, or paper
presented to the Senate, shall be entered.
(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.
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.
RULE V
suspension and amendment of the rules
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.
2. The rules of the Senate shall continue from one Congress
to the next Congress unless they are changed as provided in
these rules.
RULE VI
quorum--absent senators may be sent for
1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
2. No Senator shall absent himself from the service of the
Senate without leave.
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.
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 recess pursuant to a previous
order entered by unanimous consent, shall be in order.
RULE VII
morning business
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.
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.
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 pending at that
time shall be suspended for this purpose. Any motion so made
shall be determined without debate.
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.
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.
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.
RULE VIII
order of business
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 objected
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.
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.
RULE IX
messages
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.
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.
RULE X
special orders
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 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.
2. All motions to change such order, or to proceed to the
consideration of other business, shall be decided without
debate.
RULE XI
papers--withdrawal, printing, reading of, and reference
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.
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 National
Archives and Records Administration for preservation, subject
to the orders of the Senate.
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.
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.
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.
6. Every bill and joint resolution introduced or reported
from a committee, and all bills and joint resolutions received
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.
RULE XII
voting procedure
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.
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.
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.
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.
RULE XIII
reconsideration
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.
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.
RULE XIV
bills, joint resolutions, resolutions, and preambles thereto
1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
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.
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 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.
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.
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.
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.
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.
8. When a bill or resolution is accompanied by a preamble,
the question shall first be put on the bill or resolution 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.
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.
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.
RULE XV
amendments and motions
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.
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.
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.
4. When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice,
such measure.
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.
RULE XVI
appropriations and amendments to general appropriations bills
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.
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.
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 proposing to increase the amount
stated in such amendment shall be received on a point of order
made by any Senator.
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.
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.
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.
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.
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.
RULE XVII
reference to committees; motions to discharge; reports of committees;
and hearings available
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.
2. A motion simply to refer shall not be open to amendment,
except to add instructions.
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.
(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.
(c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
(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.
(e) Any motion under this subparagraph may contain
instructions with respect to the time allowed for consideration
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.
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.
(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.
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, 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.
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.
RULE XIX
debate
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.
(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.
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.
3. No Senator in debate shall refer offensively to any
State of the Union.
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 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.
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.
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.
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.
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.
RULE XX
questions of order
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.
2. The Presiding Officer may submit any question of order
for the decision of the Senate.
RULE XXI
session with closed doors
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.
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.
RULE XXII
precedence of motions
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.
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 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, S. Res. 28, 99-2, Feb. 27, 1986.
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``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
controlled 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.
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.
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.
RULE XXIV
appointment of committees
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.
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.
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.
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.
RULE XXV
standing committees
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:
(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.
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.
(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).
(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.
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.
(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.
(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--
(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.
(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.
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.
(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.
(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.
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.
(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.
11. Transportation of dutiable goods.
(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.
(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.
(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
municipalities, and between the United States and
international organizations of which the United States
is a member.
(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:
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\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. Individuals with disabilities. \6\
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\6\ As amended, S. Res. 28, 106-1, Jan. 21, 1999.
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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.
(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:
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\7\ Redesignated as subparagraph (m) by S. Res. 299, 106-2, Apr.
27, 2000.
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1. Apportionment of Representatives.
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.
(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
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.
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(o)(1) \9\ Committee on Small Business, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the Small
Business Administration.
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\9\ As added, S. Res. 101, 97-1, Mar. 25, 1981.
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(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 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 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.
(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:
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\10\ Redesignated as subparagraph (p) by S. Res. 101, 97-1, Mar.
25, 1981.
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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.
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 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.
Committee: Members
Agriculture, Nutrition, and Forestry...................... 18
Appropriations............................................ 28
Armed Services............................................ 18
Banking, Housing, and Urban Affairs....................... 18
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
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:
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\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.
Committee: Members
Budget.................................................... 22
Rules and Administration.................................. 16
Veterans' Affairs......................................... 12
Small Business............................................ 18
(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:
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\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. 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
(c) \14\ 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:
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\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
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).
(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 subunit 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.
(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 by more than two members
in excess of the number prescribed for that committee by
paragraph 2 or 3(a).
(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).
(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.
(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.
---------------------------------------------------------------------------
(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.
* * * * * * *
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\16\ Subparagraph (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.
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RULE XXVI
committee procedure
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 expenses of the committee shall be paid from the contingent
fund of the Senate upon vouchers approved by the chairman.
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\17\ As amended, S. Res. 281, 96-2 Mar. 11, 1980, effective Feb.
28, 1981.
\18\ Pursuant to 2 U.S.C. 68c, 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.
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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.
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\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.
---------------------------------------------------------------------------
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.
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.
(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.
(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.
(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.
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, 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.
(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 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.
(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.
(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.
(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.
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.
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 membership 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.
(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.
(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.
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.
(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.
9. (a) \21\ 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
authorization 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; 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 resolution for a
one year or two year budget period.
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.
(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.
(c) If at the time of approval of a measure or matter by
any committee (except for the Committee on Appropriations), 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.
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
(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.
(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.
(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.
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 report 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.
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.
(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.
RULE XXVII
committee staff
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 resolution 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\ Pursuant to S. Res. 281, 96-2, Mar. 11, 1980, effective Feb.
28, 1981, 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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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.
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.
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
conference committees; reports; open meetings
1. 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.
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.
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.
(b) In any case in which the conferees violate subparagraph
(a), the conference report shall be subject to a point of
order.
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.
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.
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.
RULE XXIX
executive sessions
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.
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.
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.
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.
5. \23\ 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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\23\ As amended, S. Res. 363, 102-2, Oct. 8, 1992.
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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.
RULE XXX
executive session--proceedings on treaties
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.
(b) \24\ 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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\24\ As amended, S. Res. 28, 99-2, Feb. 27, 1986.
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(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.
(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.
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 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.
RULE XXXI
executive session--proceedings on nominations
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.
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.
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.
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
reconsider the same, or while a motion to reconsider is pending
unless otherwise ordered by the Senate.
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.
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.
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.
(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.
(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.
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 the Secretary without an order
of the Senate for that purpose.
RULE XXXIII
senate chamber--senate wing of the capitol
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.
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.
RULE XXXIV
public financial disclosure
1. For purposes of this rule, the provisions of title I of
the Ethics in Government Act of 1978 (Pub. L. 95-521) \25\
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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\25\ 5 U.S.C. App. 6 [Senate Manual, Sec. 439]
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2. \26\ (a) 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\ Pursuant to S. Res. 236, 101-2, Jan. 30, 1990, paragraph 2 was
added.
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(b) For purposes of this rule, the head of the employing
office shall be--
(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.
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\ Pursuant to S. Res. 158, 104-1, July 28, 1995, paragraphs 3
and 4 were added effective Jan. 1, 1996.
\28\ Renumbered pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
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(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.
(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'' replaces the world ``income'' pursuant to
S. Res. 198, 104-1, Dec. 7, 1995.
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(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.
(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 amount or value
greater than $1,000,000 shall be categorized only as an amount
or value greater than $1,000,000.
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\ This subsection applies 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.
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RULE XXXV
gifts \32\
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\32\ As amended, S. Res. 158, 104-1, July 28, 1995, effective Jan.
1, 1996. See also 2 U.S.C. 31-2. [Senate Manual, Sec. 220.1]
---------------------------------------------------------------------------
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.
(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, 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.
(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.) \33\ 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.
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\33\ FECA definitions are included in the Senate Manual at
Sec. 399.8.
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(3) A gift from a relative as described in section 109(16)
\34\ of title I of the Ethics Reform of 1989 (5 U.S.C. App. 6).
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\34\ Renumbered as Sec. 109(16) of the Ethics Reform Act of 1989.
[Pub.L. 101-194; 5 U.S.C. App. 6; Senate Manual Sec. 439.9; S. Res.
198, 104-1, Dec. 7, 1995 effected technical change to Standing Rules
designation.
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(4)(A) Anything, including personal hospitality, \35\
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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\35\ ``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 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.
(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 \36\) of an individual
other than a registered lobbyist or agent of a foreign
principal.
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\36\ Definitions are found at 5 U.S.C. App. 6 [Senate Manual,
Sec. 439.9]
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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 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.
(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 similarly
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.
(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.
(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.
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.
(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 the duties of a Member,
officer, or employee as an officeholder.
(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.
(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.
(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
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.
(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.
3. A gift prohibited by paragraph 1(a) includes the
following:
(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.
(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.
(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.
(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.
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).
(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.
5. For purposes of this rule--
(a) the term ``registered lobbyist'' means a lobbyist
registered under the Federal Regulation of Lobbying Act
or any successor statute; and
(b) the term ``agent of a foreign principal'' means
an agent of a foreign principal registered under the
Foreign Agents Registration Act.
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.
RULE XXXVI
outside earned income \37\
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\37\ Previous provisions of rule XXXVI repealed by S. Res. 512, 97-
2, Dec. 14, 1982, effective Jan. 1. 1983. New language established by
S. Res. 192, 102-1, Oct. 31, 1991, effective Aug. 14, 1991. [5 U.S.C.
App. 7; Senate Manual, Sec. 440]
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For purposes of this rule, the provisions of section 501 of
the Ethics in Government Act of 1978 (5 U.S.C. App. 7 501)
shall be deemed to be a rule of the Senate as it pertains to
Members, officers, and employees of the Senate.
RULE XXXVII
conflict of interest
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.
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.
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.
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.
5. (a) 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 in which employed.
For the purposes of this paragraph, ``professional services''
shall include but not be limited to those which involve a
fiduciary relationship.
(b) \38\ 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--
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\38\ Added, S. Res. 192, 102-1, Oct. 31, 1991, effective Aug. 14,
1991.
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(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 \39\
Committee on Ethics.
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\39\ Added, S. Res. 299, 106-2, Apr. 27, 2000.
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6. (a) 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--
(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 required 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.
(b) \40\ 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.
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\40\ Added, S. Res. 192, 102-1, Oct. 31, 1991, effective Aug. 14,
1991.
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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.
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.
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
which he worked, or the staff of that committee, for a period
of one year after leaving his position.
10. \41\ (a) 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.
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\41\ 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.
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(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.
11. For purposes of this rule--
(a) ``employee of the Senate'' includes an employee or
individual described in paragraphs 2, 3, and 4(c) of rule XLI;
(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
(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.
12. For purposes of this rule--
(a) a Senator or the Vice President is the supervisor of
his administrative, clerical, or other assistants;
(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 members shall be
under the supervision of the ranking minority Senator on the
committee;
(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;
(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;
(e) the Secretary of the Senate is the supervisor of the
employees of his office;
(f) the Sergeant at Arms and Doorkeeper is the supervisor
of the employees of his office;
(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;
(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
(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.
RULE XXXVIII
prohibition of unofficial office accounts
1. (a) \42\ 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--
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\42\ Paragraph 1 renumbered as 1(a), and subparagraph (b) added
pursuant to S. Res. 192, 102-1, Oct. 31, 1991. Effective date of May 1,
1992 established by Pub.L. 102-22.
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(1) personal funds of the Member;
(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 \43\); and
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\43\ FECA definitions found at 2 U.S.C. 431. [Senate Manual
Sec. 399.8]
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(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.
(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 (Pub.
L. 101-520). \44\
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\44\ 2 U.S.C. 59e. [Senate Manual, Sec. 248.6]
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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.
RULE XXXIX
foreign travel
1. (a) \45\ Unless authorized by the Senate (or by the
President of the United States after an adjournment sine die),
no funds from the U.S. Government (including foreign currencies
made available under section 502(b) of the Mutual Security Act
of 1954 (22 U.S.C. 1754(b)) \46\ 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--
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\45\ Pursuant to S. Res. 80, 100-1, Jan. 28, 1987, paragraph 1 was
renumbered as 1(a) and subparagraph (b) was added.
\46\ Senate Manual, Sec. 472.
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(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.
(b) 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--
(1) any employee of the Member;
(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.
2. No Member, officer, or employee engaged in foreign
travel may claim payment or accept funds from the U.S.
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 U.S. 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.
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 U.S. Government that portion
of the allowance received which is not actually used for
necessary lodging, food, and related expenses.
RULE XL
franking privilege and radio and television studios \47\
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\47\ Section 3210 of title 39, U.S.Code, contains statutory
provisions that are parallel to certain provisions of rule XL relating
to the franking privilege. See also Senate Manual, Sec. 491.
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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) \48\ 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. \49\
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\48\ Citation corrected by S. Res. 187, 101-1, Oct. 2, 1989,
pursuant to Pub.L. 97-69, Oct. 26, 1981.
\49\ As amended, S. Res. 224, 103-2, June 21, 1994.
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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.
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 \50\ 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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\50\ Pursuant to Pub.L. 101-520, Nov. 5, 1990. [2 U.S.C. 59g;
Senate Manual Sec. 248.7]
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(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.
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.
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.
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 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. \51\
---------------------------------------------------------------------------
\51\ As amended, S. Res. 224, 103-2, June 21, 1994.
---------------------------------------------------------------------------
(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.
RULE XLI
political fund activity; definitions
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 \52\ 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. \53\ The Secretary of the
Senate shall make the designation available for public
inspection.
---------------------------------------------------------------------------
\52\ As amended, S. Res. 236, 101-2, Jan. 30, 1990.
\53\ As amended, S. Res. 258, 100-1, Oct. 1, 1987.
---------------------------------------------------------------------------
2. For purposes of the Senate Code of Official Conduct--
(a) an employee of the Senate includes any employee whose
salary is disbursed by the Secretary of the Senate; and
(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 as an annuity, and such
amounts shall be treated as disbursed by the Secretary of the
Senate.
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 \54\ 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.
---------------------------------------------------------------------------
\54\ Reference corrected by S. Res. 192, 102-1, Oct. 31, 1991.
---------------------------------------------------------------------------
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--
(a) is an officer or employee of the Senate,
(b) is an officer or employee of the Government
(other than the Senate), or
(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.
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.
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 U.S. Government shall
report to the Select Committee on Ethics with respect to the
utilization of the services of such individual.
(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.
(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.
(d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 \55\ of rule
XXXVII.
---------------------------------------------------------------------------
\55\ Redesignated pursuant to S. Res. 236, 101-2, Jan. 30, 1990 and
S. Res. 299, 106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
RULE XLII
employment practices
1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
(a) fail or refuse to hire an individual;
(b) discharge an individual; or
(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.
2. \56\ 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. \57\
---------------------------------------------------------------------------
\56\ Added by S. Res. 192, 102-1, Oct. 31, 1991, effective July 26,
1990.
\57\ Government employee rights provisions are found at 2 U.S.C.
1201-1224. [Senate Manual, Sec. Sec. 399.60-83]
---------------------------------------------------------------------------
RULE XLIII
representation by members \58\
---------------------------------------------------------------------------
\58\ Rule established by S. Res. 273, 101-2, July 2, 1992.
---------------------------------------------------------------------------
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.
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--
(a) request information or a status report;
(b) urge prompt consideration;
(c) arrange for interviews or appointments;
(d) express judgments;
(e) call for reconsideration of an administrative
response which the Member believes is not reasonable
supported by statutes, regulations or considerations of
equity or public policy; or
(f) perform any other service of a similar nature
consistent with the provisions of this rule.
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.
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.
5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.
INDEX
A
Page
Absence of:
Senators..................................................... 4
Vice President............................................... 1
Acting President pro tempore, duties of the Chair................ 1
Additional numbers of documents, printing of..................... 7
Additional views in committee reports............................ 35
Adjourn, motion to............................................... 4, 15
Aging, Special Committee on, membership of....................... 27
Agriculture, Nutrition, and Forestry, Committee on............... 18
Amend, motion to................................................. 15
Amendment(s):
Committee, not within jurisdiction........................... 10
Division of a question....................................... 10
Not in order.................................................10, 11
Of the rules................................................. 4
Post-cloture.................................................16, 17
Tabled without prejudice to the bill......................... 10
To appropriations bills......................................11, 12
Treaties..................................................... 39
Announcement of committee hearings............................... 30
Appeal from ruling of the Chair..................................14, 15
Appointment of:
Committees................................................... 18
Senator to the Chair......................................... 1
Senator, by Governor......................................... 3
Appropriations bills:
Amendments, restrictions on.................................. 11
New spending authority....................................... 19
Points of order.............................................. 11
Private claims prohibited.................................... 11
Procedure on................................................. 11
Reappropriating unexpended balances.......................... 12
Reports to identify items not required to carry out
provisions of existing law................................. 11
Rescission of appropriations................................. 19
Appropriations, Committee on:
Excepted from certain procedures..........................13, 30-36
Jurisdiction of.............................................. 19
Armed Services, Committee on..................................... 19
Assistant Secretary of the Senate, duties of the Chair........... 1
Authorization, expenditure, for committees....................... 34
B
Banking, Housing, and Urban Affairs, Committee on................ 19
Bills and resolutions:
See Amendment(s).
See Appropriations bills.
Calendar call................................................ 5
Enrollment of................................................ 9
Introduction of.............................................5, 6, 9
Motion to commit............................................. 9
Over, under the rule......................................... 6, 9
Pension bills................................................ 10
Preambles.................................................... 10
Printing of.................................................. 7
Private bills................................................ 10
Reading of................................................... 9
Reference to committees...................................... 9, 12
Reported from committees. See also Reports, committee..9, 12, 13, 34
Signing enrolled bills....................................... 1
To lie over one day.......................................... 9
Broadcasting of committee hearings............................... 32
Budget, Committee on the......................................... 20
Excepted from certain procedures............................. 30-35
Business:
Continued from session to session............................ 13
Executive or confidential....................................38, 39
Morning business............................................. 5
Order of..................................................... 6
Special orders............................................... 7
``Byrd rule.'' See 2 U.S.C. 644. [Senate Manual Sec. 399.39-15b]
C
Calendar of bills and resolutions:
Calendar Monday.............................................. 5
Calendar, call of............................................ 6
Consideration of items on.................................... 9
Placing of items on.......................................... 7
Calendar of special orders....................................... 7
Candidates of U.S. Senate, financial disclosure requirements. See
5 U.S.C. App. 6. [Senate Manual Sec. 439]
Capitol, Senate wing, regulation of.............................. 41
Certificates of election or appointments of Senator:
Forms of..................................................... 2, 3
Record of.................................................... 2
Chair. See also Presiding Officer:
Order in the Chamber or Galleries, enforcement............... 14
Performance of duties by others.............................. 1
Rulings, appeal from.........................................14, 15
Chairman, committee:
Appointment of............................................... 18
Duty to report approved measures promptly.................... 34
Limitations on service....................................... 28
Ranking majority member to serve in absence of............... 30
Resignation of............................................... 18
Chaplain, daily prayer by........................................ 4
Charitable contribution in lieu of honorarium.................... 48
Claims, private.................................................. 10
Closed session of:
Committees...................................................31, 32
Conferences.................................................. 38
Senate....................................................... 15
Cloture procedure:
Extension of debate.......................................... 16
Filing the cloture motion.................................... 15
Quorum required.............................................. 15
Reading of Journal dispensed with............................ 3
30-hour limit................................................ 16
Code of Official Conduct. See Senate Code of Official Conduct.
Commencement of daily sessions................................... 3
Commerce, Science, and Transportation, Committee on.............. 20
Commit, motion to................................................ 9, 15
Committee powers................................................. 29
Committee(s), joint:
Economic..................................................... 27
Taxation..................................................... 27
Committee(s), select:
Ethics....................................................... 27
Intelligence................................................. 27
Committee(s), special:
Aging........................................................ 27
Committee(s), standing:
Agriculture, Nutrition, and Forestry......................... 18
Appropriations. See also Appropriations, Committee on........ 19
Armed Services............................................... 19
Banking, Housing, and Urban Affairs.......................... 19
Budget. See also Budget, Committee on the.................... 20
Commerce, Science, and Transportation........................ 20
Energy and Natural Resources................................. 21
Environment and Public Works................................. 21
Finance...................................................... 22
Foreign Relations............................................ 22
Governmental Affairs......................................... 23
Health, Education, Labor, and Pensions....................... 24
Judiciary.................................................... 24
Rules and Administration See also Rules and Administration,
Committee on............................................... 25
Small Business............................................... 26
Veterans' Affairs............................................ 26
Committee(s):
Amendments, not within jurisdication......................... 10
Appointment of............................................... 18
Chairman. See Chairman, committee............................
Conference, reports of.......................................37, 38
Discharge, motion to......................................... 13
Expenditure authorizations................................... 34
Hearings. See Hearings, committee............................
Investigations, authority for................................ 29
Jurisdiction, questions of................................... 12
Legislation jointly or sequentially referred................. 12
Legislative review by........................................33, 36
Meetings. See Meetings of committees.
Membership. See Membership of committees.
Minority staff............................................... 37
Powers, continuous........................................... 18
Procedure.................................................... 30
Proxies, use of..............................................32, 33
Quorum....................................................... 32
Records. See Records of committees.
Reference of bills and resolutions to........................ 9, 12
Report on committee activities............................... 33
Reports. See Reports, committee..............................
Rules of..................................................... 30
Sessions of.................................................. 31
Sitting while the Senate is in session....................... 31
Staff........................................................ 37
Subcommittees, limitation on service on......................27, 28
Subpena power................................................ 29
Voting.......................................................32, 33
Witnesses....................................................30, 31
Communications from heads of departments......................... 5
Computer facilities, restrictions on use......................... 54
Conference committees, reports of................................37, 38
Confidential business, disclosure prohibited..................... 39
Confidential proceedings to be kept in separate book............. 4
Conflict of interest:
Ethics rule.................................................. 49
Voting....................................................... 8
Congressional Record:
Committee rules of procedure to be published in.............. 30
Memorials and petitions, summary to be printed in............ 5
Nominations to be printed in................................. 41
Constituent services............................................. 57
Contribution (charitable) in lieu of honorarium.................. 48
Contribution converted to personal use prohibited................ 53
Contributions, political, to nominees for U.S. Senator. See 2
U.S.C.Sec. Sec. 431-437. [Senate Manual Sec. Sec. 399.8-399.11]
``Cordon rule'' (Rule 26, para.12)............................... 36
Credentials, presentation of..................................... 1, 2
D
Daily sessions, commencement of.................................. 3
Debate:
Close, motion to. See Cloture procedure......................
Germaneness of............................................... 14
Procedure in.................................................13, 14
Discharge a committee, motion to................................. 13
Disclosure of confidential business prohibited................... 39
Disclosure of financial interests by Senators, officers and
employees of the Senate........................................ 42
Discrimination prohibited in employment practices................ 57
Division of a question........................................... 10
E
Election of Senators, certificates............................... 2
Employees of the Senate:
Authority of Senators and officers over employees 42, 52.....
Committee employees. See Committee(s): Staff.
Conflict of interest......................................... 49
Employment discrimination prohibited......................... 57
Financial disclosure......................................... 42
Floor privilege.............................................. 17
Foreign travel...............................................47, 53
Gifts........................................................ 43
Non-government employees, use of restricted.................. 56
Outside earned income........................................ 49
Political fund activity...................................... 55
Post-employment lobbying restrictions........................ 51
Representation of petitioners................................ 57
Temporary, 90-day limit...................................... 56
Energy and Natural Resources, Committee on....................... 21
Enrollment of bills and resolutions.............................. 9
Signing of same.............................................. 1
Environment and Public Works, Committee on....................... 21
Ethics Rules. See Senate Code of Official Conduct.
Ethics, Select Committee on, membership.......................... 27
Executive sessions of the Senate:................................ 38
Motion to proceed to executive business...................... 15
Nominations.................................................. 40
President furnished with records............................. 41
Proceedings to be kept in separate book...................... 4
Treaties..................................................... 39
Expenditure authorizations, committee............................ 34
F
Fair employment practices........................................ 57
Filing of committee reports......................................34, 35
Finance, Committee on............................................ 22
Financial disclosure. See also 5 U.S.C. App. 6. [Senate Manual
Sec. 439]...................................................... 42
Floor:
Privilege of................................................. 17
Recognition.................................................. 13
Foreign Relations, Committee on.................................. 22
Foreign travel by Senators, officers and employees............... 53
Advance authorization and disclosure......................... 47
Franking privilege:
See also Mass mailing.
Use of official funds........................................ 54
G
Galleries:
News media, regulation of.................................... 41
Occupants of, no Senator shall call attention to............. 14
Order in, enforcement........................................ 14
Germaneness of debate............................................ 14
Gifts to Senators, officers, employees, spouses and dependents.
See also 2 U.S.C. 31-2. [Senate Manual Sec. 220.1]............. 43
Governmental Affairs, Committee on............................... 23
H
Health, Education, Labor, and Pensions, Committee on............. 24
Hearings, committee
Announcement of.............................................. 30
Authority for................................................ 29
Availability................................................. 13
Broadcasting/televising of................................... 32
Closed....................................................... 31
Executive decisions.......................................... 13
Open......................................................... 31
Printing of.................................................. 34
Procedure.................................................... 30
Scheduling................................................... 30-32
Staff summary of witness testimony........................... 31
Stenographic assistance for reporting of..................... 29
Witnesses....................................................29, 30
House of Representatives:
Bills or messages from......................................5, 6, 9
Concurrence required for printing additional copies at a cost
exceeding the sum established by law....................... 7
Messages to.................................................. 6
Motion to request return of an item from..................... 8
I
Impeachment proceedings to be kept in separate book.............. 4
Indian Affairs, Committee on, membership......................... 27
Injunction of secrecy............................................ 38-40
Intelligence, Select Committee on, membership.................... 27
Investigations, committee authority for.......................... 29
J
Joint Committee on Taxation, membership.......................... 27
Joint Economic Committee, membership............................. 27
Joint referral to committees of proposed legislation............. 12
Journal:
Contents of.................................................. 4
Legislative, executive, confidential, and impeachment
proceedings to be kept in separate books................... 4
Reading of..............................................3, 4, 5, 37
Judiciary, Committee on the...................................... 24
Jurisdiction of committees....................................... 18-26
L
Lame-duck foreign travel prohibited.............................. 53
Leaders, Majority and Minority
Authority over certain employees.............................42, 52
Cloture, control of additional time.......................... 16
Committee membership, temporary increases in................. 28
Committees, permission to meet while Senate is in session.... 31
Joint referral of bills...................................... 12
2-day rule waiver............................................ 13
``Leaks.'' Disclosure of confidential business................... 38
Legislation jointly referred to committees....................... 12
Legislative proceedings to be kept in separate book.............. 4
Legislative review by standing committees:
Appropriations and Budget Committees excepted................ 33
Due by Mar. 31 in odd years.................................. 33
Lobbying, restrictions on former Members or employees............ 51
M
Majority Leader. See Leaders, Majority and Minority.
Mass mailing under the frank:
Exceptions................................................... 54
Pre-election restrictions.................................... 54
Public inspection, available for............................. 54
Quarterly reports............................................ 54
Registration of mass mailings with Secretary of the Senate... 54
Meetings of committees:
See also Hearings, committee.................................
Broadcasting or televising................................... 32
Closed and open sessions..................................... 31
Order, maintenance of........................................ 32
Permission to meet while Senate is in session................ 31
Public announcement.......................................... 30
Record of (transcript or electronic)......................... 32
Regular meeting days......................................... 30
Requesting a special meeting................................. 30
Scheduling................................................... 30-32
Membership of committees.........................................26, 27
Appointment of............................................... 18
Ex officio................................................... 28
Limitations and exceptions in respect to..................... 27-29
Temporary increases in (by leadership agreement)............. 28
Memorials. See Petitions or memorials
Messages from:
House of Representatives..................................... 5, 6
President of the United States............................... 5, 6
Messages to:
House of Representatives..................................... 6
President of the United States............................... 7
Minority Leader. See Leaders, Majority and Minority
Minority views in committee reports.............................. 35
Minority:
Staff of committees.......................................... 37
Witnesses before committees.................................. 31
Morning business................................................. 5, 6
Morning hour, conclusion of....................................5, 6, 14
Motion to:
Adjourn................................................4, 6, 15, 37
Amend........................................................ 15
Amend or correct the Journal................................. 3
Amend the part to be stricken................................ 10
Change order of special orders............................... 7
Close debate. See also Cloture procedure..................... 15
Commit a bill or resolution...................................9, 15
Compel the presence of absent Senators....................... 4
Continue consideration of a subject.......................... 6
Discharge a committee from consideration of a matter......... 13
Extend post-cloture debate................................... 16
Lay before the Senate bills or other matters from the
President or the House..................................... 5
Lay on the table............................................. 15
Postpone indefinitely........................................ 15
Print documents.............................................. 7
Proceed to consideration of a change in Standing Rules....... 6
Proceed to executive business................................ 15
Proceed to other business.................................... 6
Recess....................................................... 15
Reconsider................................................... 10
Reconsider a nomination...................................... 40
Refer a matter to committee.................................. 12
Request return of an item from the House..................... 8
Strike out and insert........................................ 10
Suspend, modify, or amend any rule........................... 4
Motions:
Precedence of................................................10, 15
To be in writing if requested................................ 10
Withdrawal or modification of by mover....................... 10
N
Nominations:
Injunction of secrecy........................................ 40
Proceedings on............................................... 40
Noncurrent records of the Senate................................. 7
O
Oath, Senatorial................................................. 3
Objection to reading a paper..................................... 7
Offensive references to another Senator or State prohibited...... 14
Office accounts of Senators, unofficial, prohibited.............. 52
Office expenses, use of contributed funds prohibited............. 53
Officers of the Senate:
Authority over employees.....................................42, 52
Conflict interest............................................ 49
Financial disclosure......................................... 42
Foreign travel...............................................47, 53
Gifts........................................................ 43
Outside earned income........................................ 49
Political fund activity...................................... 55
Official funds, use of for mass mailing.......................... 54
Open sessions:
Committees................................................... 31
Conferences.................................................. 38
Order:
In Chamber or Galleries, enforcement......................... 14
In committees, enforcement................................... 32
Of business.................................................. 6
Of special orders............................................ 7
Questions of................................................. 14
Outside earned income............................................ 49
P
Papers:
Objection to reading......................................... 7
Printing of.................................................. 7
Transfer of noncurrent records............................... 7
Withdrawal of................................................ 7
``Pastore rule'' (Rule 19, para. 1(b))........................... 14
Pension bills.................................................... 10
Personnel on detail from other agencies.......................... 37
Petitions or memorials:
Presentation of.............................................. 5
Reference of................................................. 5
Summary of, to be printed in Congressional Record............ 6
Pledge of Allegiance to the Flag of the U.S...................... 3
Points of order:
Amendments not within committee's jurisdiction............... 10
Appropriations bill proposing new or general legislation..... 11
Conference report, new matter in............................. 37
During cloture proceedings................................... 16
Measure reported from a committee............................ 36
Reappropriating unexpended balances.......................... 12
Restriction on expenditure of funds appropriated.............11, 12
Political fund activity by officers and employees:
Compliance with Code of Conduct.............................. 55
Post-employment lobbying restrictions............................ 51
Postpone, motion to.............................................. 15
Powers, committee................................................ 18
Prayer, daily, by Chaplain....................................... 4
Preambles........................................................ 10
Precedence of motions............................................10, 15
Presentation of credentials...................................... 2, 3
President of the United States
Bills or messages from....................................... 5, 6
Communications, confidential, from........................... 38
Former Presidents entitled to address the Senate............. 14
Meeting with Senate on executive business.................... 38
Messages to.................................................. 7
Transcript of executive records.............................. 41
President pro tempore. see also Presiding Officer:
Vice President, absence of................................... 1
Presiding Officer. See also Chair.
Bills or other matters from the President or the House, may
at any time lay before the Senate.......................... 5
Calling a Senator to order................................... 14
Cloture debate, to keep time during.......................... 16
Directing a Senator to take his/her seat..................... 14
Order in the Chamber or Galleries, enforcement............... 14
President pro tempore........................................ 1
Recognition of a Senator who desires to speak................13, 14
Rules for regulation of Senate wing, enforcement............. 41
Rulings, appeal from......................................... 14
Printing of:
Additional numbers of documents.............................. 7
Bills and resolutions........................................ 7
Committee reports............................................ 7, 34
Conference reports........................................... 38
Hearings, committee..........................................13, 34
Papers received from the House............................... 7
Private bills and claims.........................................10, 11
Privilege of the floor........................................... 17
Procedure, committee............................................. 30
Proxies, use of in committee..................................... 32
Q
Question:
Division of a................................................ 10
Of absence of a quorum....................................... 4
Of order..................................................... 14
Quorum:
Absence of, question of...................................... 4
For cloture vote............................................. 15
For unanimous consent to take a final vote on a specific date 8
Of a committee............................................... 32
Of the Senate................................................ 4
Sergeant at Arms to obtain attendance of absent Senators..... 4
R
Radio and television:
Broadcasting of committee meetings........................... 32
Studios, restrictions on use................................. 55
Ranking majority member of a committee to serve in absence of the
chairman....................................................... 30
Ratification of treaties......................................... 39
Reading of:
Bills and joint resolutions.................................. 9
Journal....................................................3, 4, 37
Paper, objection to.......................................... 7
Recess, motion to................................................ 15
Reconsideration.................................................. 8
Records of committees:
Actions...................................................... 33
Availability to all members.................................. 34
Proceedings (open or closed)................................. 32
Separate from chairman's office records...................... 34
Votes........................................................32, 33
Records of the Senate, noncurrent................................ 7
Records, financial disclosure.................................... 42
Reference, to committees...................................6, 9, 12, 13
Regulation of the Senate wing of the Capitol..................... 41
Reports, committee:
Activities during the preceding Congress..................... 33
Availability of (2-day rule)................................. 13
Conference committees........................................37, 38
Contents required............................................ 35
Cost estimate................................................ 35
Debate equally divided....................................... 38
Filing of.................................................... 34
Legislative review........................................... 33
Printing of.................................................. 7, 34
Proposed changes in existing law............................. 36
Regulatory impact statement................................. 35
Submission of................................................ 5
Supplemental, minority, or additional views.................. 35
Tabulation of votes cast..................................... 33
To identify items not required to carry out provisions of
existing law............................................... 11
To lie over one day.......................................... 13
2-day rule................................................... 13
Reports, conference..............................................37, 38
Reports, financial disclosure.................................... 42
Representation by members........................................ 57
Restrictions on mass mailings.................................... 54
Rules and Administration, Committee on:
Computer facilities, oversight............................... 55
Floor privilege, regulation of............................... 17
Jurisdiction................................................. 25
Motions to print documents to be referred to................. 7
Personnel detailed from other agencies....................... 37
Senate wing, regulation of................................... 41
Stenographic assistance to committees, regulations of........ 29
Strategic plan for infrastructure support.................... 25
Rules of committees.............................................. 30
Rules of the Senate:
Continuance in effect from Congress to Congress.............. 4
Motion to suspend, modify, or amend.......................... 4, 6
Suspension by unanimous consent.............................. 4
S
Scheduling of committee sessions................................. 30-32
Secretary of the Senate:
Assistant Secretary of the Senate............................ 1
Certificates of election, record of.......................... 2
Duties of the Chair.......................................... 1
Enrollment of bills and resolutions and presentation of same
to the President........................................... 9
Financial disclosure......................................... 42
Mass mailings, registration of............................... 54
Messages to the President and House to be delivered by....... 6, 7
Nominations, duties pertaining to............................40, 41
Petitions, memorials, bills or resolutions, function with
respect to................................................. 6
Transfer of noncurrent records............................... 7
Withdrawal of papers......................................... 7
Senate Chamber:
Floor privilege.............................................. 17
For Senate use only.......................................... 41
Galleries....................................................15, 41
Order in, enforcement........................................ 14
Regulation of................................................ 41
Smoking prohibited........................................... 41
Senate Code of Official Conduct:
Conflict of interest......................................... 49
Employment practices......................................... 57
Financial disclosure, public................................. 42
Foreign travel...............................................47, 53
Franking privilege........................................... 54
Gifts........................................................ 43
Outside earned income........................................ 49
Personal use of contributed funds prohibited................. 53
Political fund activity...................................... 55
Post-employment lobbying restrictions........................ 51
Radio and television studios................................. 55
Representation by members.................................... 57
Unofficial office accounts prohibited........................ 52
Senate floor, persons admitted to................................ 17
Senate Office Buildings, regulation of........................... 41
Senate wing of the Capitol, regulation of........................ 41
Senators:
Absence of................................................... 4
Appointment by Governor...................................... 3
Certificates of election or appointment...................... 2, 3
Code of Official Conduct. See Senate Code of Official
Conduct.
Conflict of interest......................................... 49
Directed to take his/her seat................................ 14
Disparaging references prohibited............................ 14
Financial disclosure......................................... 42
Foreign travel...............................................47, 53
Franking privilege........................................... 54
Gifts........................................................ 43
Oath of office............................................... 3
Outside earned income........................................ 49
Post-employment lobbying restrictions........................ 51
Radio and television studios, use of......................... 55
Representation of petitioners................................ 57
Sergeant at Arms:
Financial disclosure......................................... 42
Quorum, function in obtaining................................ 4
Sessions:
Committee. See Meetings of committees.
Executive. See Executive sessions of the Senate.
With closed doors............................................ 15
Small Business, Committee on..................................... 26
Smoking in Senate Chamber prohibited............................. 41
Special orders................................................... 7
Standing Rules of the Senate:
Continuance in effect from Congress to Congress.............. 4
Motion to suspend, modify, or amend.......................... 4, 6
Suspension by unanimous consent.............................. 4
State, offensive references prohibited........................... 14
Statements of witnesses before committees, staff summary......... 30
Stenographic assistance for reporting of committee hearings...... 29
Subcommittees, limitation of service on..........................27, 28
Subpena power of committees...................................... 29
Summary of testimony before committees, by staff................. 31
Supplemental expenditure authorizations for committees........... 34
Supplemental views in committee reports.......................... 35
Suspension of the rules.......................................... 4
T
Table, motion to................................................. 15
Taxation, Joint Committee on, membership......................... 27
Televising of committee hearings................................. 32
Television and Radio Studios:
Exemption from restrictions.................................. 55
User restrictions............................................ 55
Travel expenses, foreign.........................................47, 53
Treaties:
Amendments................................................... 39
Injunction of secrecy........................................ 39
Proceedings on............................................... 39
Trust funds. See Rule 34. See also 5 U.S.C. App. 6 [Senate Manual
Sec. 439]...................................................... 42
2-day rule (Rule 17, para. 5).................................... 13
U
Unanimous consent:
To change or withdraw a Senator's vote....................... 8
To proceed to consideration of a subject..................... 5
To reconsider a question..................................... 8
To suspend a rule............................................ 4
To suspend reading of the Journal............................ 3, 4
To take a final vote on a specific date...................... 8
Unfinished business.............................................. 6, 14
Unofficial office accounts prohibited............................52, 53
V
Veterans' Affairs, Committee on.................................. 26
Vice President................................................... 1
Voting:
Changing or withdrawing a Senator's vote..................... 8
Committee....................................................32, 33
Conflict of interest......................................... 8
Reconsideration.............................................. 8
Senator declining to vote.................................... 8
Unanimous consent to take a final vote on a specific date.... 8
Yeas and nays................................................ 8
W
Withdrawal:
Of motion, amendment, or resolution.......................... 10
Of papers.................................................... 7
Witnesses, committee
Authority to summon.......................................... 29
Selected by minority......................................... 31
To file advance statements................................... 30
Y
Yeas and nays:
See Voting.
Conflict of interest......................................... 8