[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[Standing Rules of the Senate]
[Page 1]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 1]]

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

                            STANDING RULES OF THE SENATE

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

            [The 1979 general revision of the rules was accomplished by 
                the adoption of S. Res. 274 on Nov. 14, 1979, a 
                resolution submitted by Mr. Robert C. Byrd for himself 
                and Mr. Baker; the preparation of the proposed revision 
                was pursuant to the adoption of S. Res. 156 on May 10, 
                1976, a resolution by Mr. Robert C. Byrd; the general 
                revision of the rules set forth in S. Res. 274 was 
                somewhat altered in form by the adoption of S. Res. 389 
                on Mar. 25, 1980, to consolidate and renumber certain 
                standing rules of the Senate.

            [Changes to Senate rules since the last general revision in 
                1979 are indicated by footnotes in each succeeding 
                edition of the Senate Manual.

            [For the origin of various changes in Senate procedure 
                between 1884 and 1979, as set forth in rules changes, 
                adopted resolutions, and Legislative Reorganization 
                Acts, see the table on p. XVI of Riddick's Senate 
                Procedure, 1992.]

                                     --------

         1                             RULE I

                        APPOINTMENT OF A SENATOR TO THE CHAIR

       1.1      1. In the absence of the Vice President, the Senate 
            shall choose a President pro tempore, who shall hold the 
            office and execute the duties thereof during the pleasure of 
            the Senate and until another is elected or his term of 
            office as a Senator expires.
       1.2      2. In the absence of the Vice President, and pending the 
            election of a President pro tempore, the Acting President 
            pro tempore or the Secretary of the Senate, or in his 
            absence the Assistant Secretary, shall perform the duties of 
            the Chair.
       1.3      3. The President pro tempore shall have the right to 
            name in open Senate or, if absent, in writing, a Senator to 
            perform the duties of the Chair, including the signing of 
            duly enrolled bills and joint resolutions but such 
            substitution shall not extend beyond an adjournment, except 
            by unanimous consent; and the Senator so named shall have 
            the right to name in open session, or, if absent, in 
            writing, a Senator to perform the duties of the Chair, but 
            not to

[[Page 2]]

            extend beyond an adjournment, except by unanimous consent.

         2                             RULE II

               PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE

       2.1      1. The presentation of the credentials of Senators elect 
            or of Senators designate and other questions of privilege 
            shall always be in order, except during the reading and 
            correction of the Journal, while a question of order or a 
            motion to adjourn is pending, or while the Senate is voting 
            or ascertaining the presence of a quorum; and all questions 
            and motions arising or made upon the presentation of such 
            credentials shall be proceeded with until disposed of.
       2.2      2. The Secretary shall keep a record of the certificates 
            of election and certificates of appointment of Senators by 
            entering in a well-bound book kept for that purpose the date 
            of the election or appointment, the name of the person 
            elected or appointed, the date of the certificate, the name 
            of the governor and the secretary of state signing and 
            counter-signing the same, and the State from which such 
            Senator is elected or appointed.
       2.3      3. The Secretary of the Senate shall send copies of the 
            following recommended forms to the governor and secretary of 
            state of each State wherein an election is about to take 
            place or an appointment is to be made so that they may use 
            such forms if they see fit.
            
            THE RECOMMENDED FORMS FOR CERTIFICATES OF ELECTION AND 
                CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:

                     ``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 ----, 19--, 
            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, 19--.
                ``Witness: His excellency our governor ----, and our 
            seal hereto affixed at ------ this -- day of ----, in the 
            year of our Lord 19--.

[[Page 3]]

                ``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 ----, 19--, 
            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, 19--, 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 19--.
                ``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 19--.
                ``By the governor:
                                              ``G---- H----,
                                                         ``Governor.
                ``I---- J----,
                  ``Secretary of State.''

[[Page 4]]



         3                            RULE III

                                        OATHS

                The oaths or affirmations required by the Constitution 
            and prescribed by law shall be taken and subscribed by each 
            Senator, in open Senate, before entering upon his duties.

            OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY 
                                      SENATORS

                I, A---- B---- do solemnly swear (or affirm) that I will 
            support and defend the Constitution of the United States 
            against all enemies, foreign and domestic; that I will bear 
            true faith and allegiance to the same; that I take this 
            obligation freely, without any mental reservation or purpose 
            of evasion; and that I will well and faithfully discharge 
            the duties of the office on which I am about to enter: So 
            help me God. (5 U.S.C. 3331.)

         4                             RULE IV

                           COMMENCEMENT OF DAILY SESSIONS

      4.1a      1.(a)\1\ The Presiding Officer having taken the chair, 
            following the prayer by the Chaplain, 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.
---------------------------------------------------------------------------
                \1\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------

      4.1b      (b) Whenever the Senate is proceeding under paragraph 2 
            of rule XXII, the reading of the Journal shall be dispensed 
            with and shall be considered approved to date.
      4.1c      (c) The proceedings of the Senate shall be briefly and 
            accurately stated on the Journal. Messages of the President 
            in full; titles of bills and resolutions, and such parts as 
            shall be affected by proposed amendments; every vote, and a 
            brief statement of the contents of each petition, memorial, 
            or paper presented to the Senate, shall be entered.

[[Page 5]]


      4.1d      (d) The legislative, the executive, the confidential 
            legislative proceedings, and the proceedings when sitting as 
            a Court of Impeachment, shall each be recorded in a separate 
            book.
       4.2      2. During a session of the Senate when that body is in 
            continuous session, the Presiding Officer shall temporarily 
            suspend the business of the Senate at noon each day for the 
            purpose of having the customary daily prayer by the 
            Chaplain.

         5                             RULE V

                        SUSPENSION AND AMENDMENT OF THE RULES

       5.1      1. No motion to suspend, modify, or amend any rule, or 
            any part thereof, shall be in order, except on one day's 
            notice in writing, specifying precisely the rule or part 
            proposed to be suspended, modified, or amended, and the 
            purpose thereof. Any rule may be suspended without notice by 
            the unanimous consent of the Senate, except as otherwise 
            provided by the rules.
       5.2      2. The rules of the Senate shall continue from one 
            Congress to the next Congress unless they are changed as 
            provided in these rules.

         6                             RULE VI

                       QUORUM--ABSENT SENATORS MAY BE SENT FOR

       6.1      1. A quorum shall consist of a majority of the Senators 
            duly chosen and sworn.
       6.2      2. No Senator shall absent himself from the service of 
            the Senate without leave.
       6.3      3. If, at any time during the daily sessions of the 
            Senate, a question shall be raised by any Senator as to the 
            presence of a quorum, the Presiding Officer shall forthwith 
            direct the Secretary to call the roll and shall announce the 
            result, and these proceedings shall be without debate.
       6.4      4. Whenever upon such roll call it shall be ascertained 
            that a quorum is not present, a majority of the Senators 
            present may direct the Sergeant at Arms to request, and, 
            when necessary, to compel the attendance of the absent 
            Senators, which order shall be determined without debate; 
            and pending its execution, and until a quorum shall be 
            present, no debate nor motion, except to adjourn, or to 
            recess pursuant to a previous order entered by unanimous 
            consent, shall be in order.


[[Page 6]]

         7                            RULE VII

                                  MORNING BUSINESS

       7.1      1. On each legislative day after the Journal is read, 
            the Presiding Officer on demand of any Senator shall lay 
            before the Senate messages from the President, reports and 
            communications from the heads of Departments, and other 
            communications addressed to the Senate, and such bills, 
            joint resolutions, and other messages from the House of 
            Representatives as may remain upon his table from any 
            previous day's session undisposed of. The Presiding Officer 
            on demand of any Senator shall then call for, in the 
            following order:
                        The presentation of petitions and memorials.
                        Reports of committees.
                        The introduction of bills and joint resolutions.
                        The submission of other resolutions.

            All of which shall be received and disposed of in such 
            order, unless unanimous consent shall be otherwise given, 
            with newly offered resolutions being called for before 
            resolutions coming over from a previous legislative day are 
            laid before the Senate.

       7.2      2. Until the morning business shall have been concluded, 
            and so announced from the Chair, or until one hour after the 
            Senate convenes at the beginning of a new legislative day, 
            no motion to proceed to the consideration of any bill, 
            resolution, report of a committee, or other subject upon the 
            Calendar shall be entertained by the Presiding Officer, 
            unless by unanimous consent: Provided, however, That on 
            Mondays which are the beginning of a legislative day the 
            Calendar shall be called under rule VIII, and until two 
            hours after the Senate convenes no motion shall be 
            entertained to proceed to the consideration of any bill, 
            resolution, or other subject upon the Calendar except the 
            motion to continue the consideration of a bill, resolution, 
            or other subject against objection as provided in rule VIII, 
            or until the call of the Calendar has been completed.
       7.3      3. The Presiding Officer may at any time lay, and it 
            shall be in order at any time for a Senator to move to lay, 
            before the Senate, any bill or other matter sent to the 
            Senate by the President or the House of Representatives for 
            appropriate action allowed under the rules and any question 
            pending at that time shall be suspended for this purpose. 
            Any motion so made shall be determined without debate.

[[Page 7]]


       7.4      4. Petitions or memorials shall be referred, without 
            debate, to the appropriate committee according to subject 
            matter on the same basis as bills and resolutions, if signed 
            by the petitioner or memorialist. A question of receiving or 
            reference may be raised and determined without debate. But 
            no petition or memorial or other paper signed by citizens or 
            subjects of a foreign power shall be received, unless the 
            same be transmitted to the Senate by the President.
       7.5      5. Only a brief statement of the contents of petitions 
            and memorials shall be printed in the Congressional Record; 
            and no other portion of any petition or memorial shall be 
            printed in the Record unless specifically so ordered by vote 
            of the Senate, as provided for in paragraph 4 of rule XI, in 
            which case the order shall be deemed to apply to the body of 
            the petition or memorial only; and names attached to the 
            petition or memorial shall not be printed unless specially 
            ordered, except that petitions and memorials from the 
            legislatures or conventions, lawfully called, of the 
            respective States, Territories, and insular possessions 
            shall be printed in full in the Record whenever presented.
       7.6      6. Senators having petitions, memorials, bills, or 
            resolutions to present after the morning hour may deliver 
            them in the absence of objection to the Presiding Officer's 
            desk, endorsing upon them their names, and with the approval 
            of the Presiding Officer, they shall be entered on the 
            Journal with the names of the Senators presenting them and 
            in the absence of objection shall be considered as having 
            been read twice and referred to the appropriate committees, 
            and a transcript of such entries shall be furnished to the 
            official reporter of debates for publication in the 
            Congressional Record, under the direction of the Secretary 
            of the Senate.

         8                            RULE VIII

                                  ORDER OF BUSINESS

       8.1      1. At the conclusion of the morning business at the 
            beginning of a new legislative day, unless upon motion the 
            Senate shall at any time otherwise order, the Senate shall 
            proceed to the consideration of the Calendar of Bills and 
            Resolutions, and shall continue such consideration until 2 
            hours after the Senate convenes on such day (the end of the 
            morning hour); and bills and resolutions that are not 
            objected to shall be taken up in their order, and each 
            Senator shall be entitled to speak once and for five minutes 
            only

[[Page 8]]

            upon any question; and an objection may be interposed at any 
            stage of the proceedings, but upon motion the Senate may 
            continue such consideration; and this order shall commence 
            immediately after the call for ``other resolutions'', or 
            after disposition of resolutions coming ``over under the 
            rule'', and shall take precedence of the unfinished business 
            and other special orders. But if the Senate shall proceed on 
            motion with the consideration of any matter notwithstanding 
            an objection, the foregoing provisions touching debate shall 
            not apply.
       8.2      2. All motions made during the first two hours of a new 
            legislative day to proceed to the consideration of any 
            matter shall be determined without debate, except motions to 
            proceed to the consideration of any motion, resolution, or 
            proposal to change any of the Standing Rules of the Senate 
            shall be debatable. Motions made after the first two hours 
            of a new legislative day to proceed to the consideration of 
            bills and resolutions are debatable.

         9                             RULE IX

                                      MESSAGES

       9.1      1. Messages from the President of the United States or 
            from the House of Representatives may be received at any 
            stage of proceedings, except while the Senate is voting or 
            ascertaining the presence of a quorum, or while the Journal 
            is being read, or while a question of order or a motion to 
            adjourn is pending.
       9.2      2. Messages shall be sent to the House of 
            Representatives by the Secretary, who shall previously 
            certify the determination of the Senate upon all bills, 
            joint resolutions, and other resolutions which may be 
            communicated to the House, or in which its concurrence may 
            be requested; and the Secretary shall also certify and 
            deliver to the President of the United States all 
            resolutions and other communications which may be directed 
            to him by the Senate.

        10                             RULE X

                                   SPECIAL ORDERS

      10.1      1. Any subject may, by a vote of two-thirds of the 
            Senators present, be made a special order of business for 
            consideration and when the time so fixed for its 
            consideration arrives the Presiding Officer shall lay it 
            before the Senate, unless there be unfinished business in 
            which case it takes

[[Page 9]]

            its place on the Calendar of Special Orders in the order of 
            time at which it was made special, to be considered in that 
            order when there is no unfinished business.
      10.2      2. All motions to change such order, or to proceed to 
            the consideration of other business, shall be decided 
            without debate.

        11                             RULE XI

               PAPERS--WITHDRAWAL, PRINTING, READING OF, AND REFERENCE

      11.1      1. No memorial or other paper presented to the Senate, 
            except original treaties finally acted upon, shall be 
            withdrawn from its files except by order of the Senate.
      11.2      2. The Secretary of the Senate shall obtain at the close 
            of each Congress all the noncurrent records of the Senate 
            and of each Senate committee and transfer them to the 
            General Services Administration for preservation, subject to 
            the orders of the Senate.
      11.3      3. When the reading of a paper is called for, and 
            objected to, it shall be determined by a vote of the Senate, 
            without debate.
      11.4      4. Every motion or resolution to print documents, 
            reports, and other matter transmitted by the executive 
            departments, or to print memorials, petitions, accompanying 
            documents, or any other paper, except bills of the Senate or 
            House of Representatives, resolutions submitted by a 
            Senator, communications from the legislatures or 
            conventions, lawfully called, of the respective States, 
            shall, unless the Senate otherwise order, be referred to the 
            Committee on Rules and Administration. When a motion is made 
            to commit with instructions, it shall be in order to add 
            thereto a motion to print.
      11.5      5. Motions or resolutions to print additional numbers 
            shall also be referred to the Committee on Rules and 
            Administration; and when the committee shall report 
            favorably, the report shall be accompanied by an estimate of 
            the probable cost thereof; and when the cost of printing 
            such additional numbers shall exceed the sum established by 
            law, the concurrence of the House of Representatives shall 
            be necessary for an order to print the same.
      11.6      6. Every bill and joint resolution introduced or 
            reported from a committee, and all bills and joint 
            resolutions received from the House of Representatives, and 
            all reports of committees, shall be printed, unless, for the 
            dispatch

[[Page 10]]

            of the business of the Senate, such printing may be 
            dispensed with.

        12                            RULE XII

                                  VOTING PROCEDURE

      12.1      1. When the yeas and nays are ordered, the names of 
            Senators shall be called alphabetically; and each Senator 
            shall, without debate, declare his assent or dissent to the 
            question, unless excused by the Senate; and no Senator shall 
            be permitted to vote after the decision shall have been 
            announced by the Presiding Officer, but may for sufficient 
            reasons, with unanimous consent, change or withdraw his 
            vote. No motion to suspend this rule shall be in order, nor 
            shall the Presiding Officer entertain any request to suspend 
            it by unanimous consent.
      12.2      2. When a Senator declines to vote on call of his name, 
            he shall be required to assign his reasons therefor, and 
            having assigned them, the Presiding Officer shall submit the 
            question to the Senate: ``Shall the Senator for the reasons 
            assigned by him, be excused from voting?'' which shall be 
            decided without debate; and these proceedings shall be had 
            after the rollcall and before the result is announced; and 
            any further proceedings in reference thereto shall be after 
            such announcement.
      12.3      3. A Member, notwithstanding any other provisions of 
            this rule, may decline to vote, in committee or on the 
            floor, on any matter when he believes that his voting on 
            such a matter would be a conflict of interest.
      12.4      4. No request by a Senator for unanimous consent for the 
            taking of a final vote on a specified date upon the passage 
            of a bill or joint resolution shall be submitted to the 
            Senate for agreement thereto until after a quorum call 
            ordered for the purpose by the Presiding Officer, it shall 
            be disclosed that a quorum of the Senate is present; and 
            when a unanimous consent is thus given the same shall 
            operate as the order of the Senate, but any unanimous 
            consent may be revoked by another unanimous consent granted 
            in the manner prescribed above upon one day's notice.

        13                            RULE XIII

                                   RECONSIDERATION

      13.1      1. When a question has been decided by the Senate, any 
            Senator voting with the prevailing side or who has not

[[Page 11]]

            voted may, on the same day or on either of the next two days 
            of actual session thereafter, move a reconsideration; and if 
            the Senate shall refuse to reconsider such a motion entered, 
            or if such a motion is withdrawn by leave of the Senate, or 
            if upon reconsideration the Senate shall affirm its first 
            decision, no further motion to reconsider shall be in order 
            unless by unanimous consent. Every motion to reconsider 
            shall be decided by a majority vote, and may be laid on the 
            table without affecting the question in reference to which 
            the same is made, which shall be a final disposition of the 
            motion.
      13.2      2. When a bill, resolution, report, amendment, order, or 
            message, upon which a vote has been taken, shall have gone 
            out of the possession of the Senate and been communicated to 
            the House of Representatives, the motion to reconsider shall 
            be accompanied by a motion to request the House to return 
            the same; which last motion shall be acted upon immediately, 
            and without debate, and if determined in the negative shall 
            be a final disposition of the motion to reconsider.

        14                            RULE XIV

            BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO

      14.1      1. Whenever a bill or joint resolution shall be offered, 
            its introduction shall, if objected to, be postponed for one 
            day.
      14.2      2. Every bill and joint resolution shall receive three 
            readings previous to its passage which readings on demand of 
            any Senator shall be on three different legislative days, 
            and the Presiding Officer shall give notice at each reading 
            whether it be the first, second, or third: Provided, That 
            each reading may be by title only, unless the Senate in any 
            case shall otherwise order.
      14.3      3. No bill or joint resolution shall be committed or 
            amended until it shall have been twice read, after which it 
            may be referred to a committee; bills and joint resolutions 
            introduced on leave, and bills and joint resolutions from 
            the House of Representatives, shall be read once, and 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.

[[Page 12]]



      14.4      4. Every bill and joint resolution reported from a 
            committee, not having previously been read, shall be read 
            once, and twice, if not objected to, on the same day, and 
            placed on the Calendar in the order in which the same may be 
            reported; and every bill and joint resolution introduced on 
            leave, and every bill and joint resolution of the House of 
            Representatives which shall have received a first and second 
            reading without being referred to a committee, shall, if 
            objection be made to further proceeding thereon, be placed 
            on the Calendar.
      14.5      5. All bills, amendments, and joint resolutions shall be 
            examined under the supervision of the Secretary of the 
            Senate before they go out of the possession of the Senate, 
            and all bills and joint resolutions which shall have passed 
            both Houses shall be examined under the supervision of the 
            Secretary of the Senate, to see that the same are correctly 
            enrolled, and, when signed by the Speaker of the House and 
            the President of the Senate, the Secretary of the Senate 
            shall forthwith present the same, when they shall have 
            originated in the Senate, to the President of the United 
            States and report the fact and date of such presentation to 
            the Senate.
      14.6      6. All other resolutions shall lie over one day for 
            consideration, if not referred, unless by unanimous consent 
            the Senate shall otherwise direct. When objection is heard 
            to the immediate consideration of a resolution or motion 
            when it is submitted, it shall be placed on the Calendar 
            under the heading of ``Resolutions and Motions over, under 
            the Rule,'' to be laid before the Senate on the next 
            legislative day when there is no further morning business 
            but before the close of morning business and before the 
            termination of the morning hour.
      14.7      7. When a bill or joint resolution shall have been 
            ordered to be read a third time, it shall not be in order to 
            propose amendments, unless by unanimous consent, but it 
            shall be in order at any time before the passage of any bill 
            or resolution to move its commitment; and when the bill or 
            resolution shall again be reported from the committee it 
            shall be placed on the Calendar.
      14.8      8. When a bill or resolution is accompanied by a 
            preamble, the question shall first be put on the bill or 
            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

[[Page 13]]

            prejudice to the bill or resolution, and shall be a final 
            disposition of such preamble.
      14.9      9. Whenever a private bill, except a bill for a pension, 
            is under consideration, it shall be in order to move the 
            adoption of a resolution to refer the bill to the Chief 
            Commissioner of the Court of Claims for a report in 
            conformity with section 2509 of title 28, United States 
            Code.
     14.10      10. No private bill or resolution (including so-called 
            omnibus claims or pension bills), and no amendment to any 
            bill or resolution, authorizing or directing (1) the payment 
            of money for property damages, personal injuries, or death, 
            for which a claim may be filed under chapter 171 of title 
            28, United States Code, or for a pension (other than to 
            carry out a provision of law or treaty stipulation); (2) the 
            construction of a bridge across a navigable stream; or (3) 
            the correction of a military or naval record, shall be 
            received or considered.

        15                             RULE XV

                               AMENDMENTS AND MOTIONS

      15.1      1. All motions and amendments shall be reduced to 
            writing, if desired by the Presiding Officer or by any 
            Senator, and shall be read before the same shall be debated.
      15.2      2. Any motion, amendment, or resolution may be withdrawn 
            or modified by the mover at any time before a decision, 
            amendment, or ordering of the yeas and nays, except a motion 
            to reconsider, which shall not be withdrawn without leave.
      15.3      3. If the question in debate contains several 
            propositions, any Senator may have the same divided, except 
            a motion to strike out and insert, which shall not be 
            divided; but the rejection of a motion to strike out and 
            insert one proposition shall not prevent a motion to strike 
            out and insert a different proposition; nor shall it prevent 
            a motion simply to strike out; nor shall the rejection of a 
            motion to strike out prevent a motion to strike out and 
            insert. But pending a motion to strike out and insert, the 
            part to be stricken out and the part to be inserted shall 
            each be regarded for the purpose of amendment as a question, 
            and motions to amend the part to be stricken out shall have 
            precedence.
      15.4      4. When an amendment proposed to any pending measure is 
            laid on the table, it shall not carry with it, or prejudice, 
            such measure.

[[Page 14]]



      15.5      5. It shall not be in order to consider any proposed 
            committee amendment (other than a technical, clerical, or 
            conforming amendment) which contains any significant matter 
            not within the jurisdiction of the committee proposing such 
            amendment.

        16                            RULE XVI

              APPROPRIATIONS AND AMENDMENTS TO GENERAL APPROPRIATIONS 
                                        BILLS

      16.1      1. On a point of order made by any Senator, no 
            amendments shall be received to any general appropriation 
            bill the effect of which will be to increase an 
            appropriation already contained in the bill, or to add a new 
            item of appropriation, unless it be made to carry out the 
            provisions of some existing law, or treaty stipulation, or 
            act or resolution previously passed by the Senate during 
            that session; or unless the same be moved by direction of 
            the Committee on Appropriations or of a committee of the 
            Senate having legislative jurisdiction of the subject 
            matter, or proposed in pursuance of an estimate submitted in 
            accordance with law.
      16.2      2. The Committee on Appropriations shall not report an 
            appropriation bill containing amendments to such bill 
            proposing new or general legislation or any restriction on 
            the expenditure of the funds appropriated which proposes a 
            limitation not authorized by law if such restriction is to 
            take effect or cease to be effective upon the happening of a 
            contingency, and if an appropriation bill is reported to the 
            Senate containing amendments to such bill proposing new or 
            general legislation or any such restriction, a point of 
            order may be made against the bill, and if the point is 
            sustained, the bill shall be recommitted to the Committee on 
            Appropriations.
      16.3      3. All amendments to general appropriation bills moved 
            by direction of a committee having legislative jurisdiction 
            of the subject matter proposing to increase an appropriation 
            already contained in the bill, or to add new items of 
            appropriation, shall, at least one day before they are 
            considered, be referred to the Committee on Appropriations, 
            and when actually proposed to the bill no amendment 
            proposing to increase the amount stated in such amendment 
            shall be received on a point of order made by any Senator.
      16.4      4. On a point of order made by any Senator, no amendment 
            offered by any other Senator which proposes general

[[Page 15]]

            legislation shall be received to any general appropriation 
            bill, nor shall any amendment not germane or relevant to the 
            subject matter contained in the bill be received; nor shall 
            any amendment to any item or clause of such bill be received 
            which does not directly relate thereto; nor shall any 
            restriction on the expenditure of the funds appropriated 
            which proposes a limitation not authorized by law be 
            received if such restriction is to take effect or cease to 
            be effective upon the happening of a contingency; and all 
            questions of relevancy of amendments under this rule, when 
            raised, shall be submitted to the Senate and be decided 
            without debate; and any such amendment or restriction to a 
            general appropriation bill may be laid on the table without 
            prejudice to the bill.
      16.5      5. On a point of order made by any Senator, no 
            amendment, the object of which is to provide for a private 
            claim, shall be received to any general appropriation bill, 
            unless it be to carry out the provisions of an existing law 
            or a treaty stipulation, which shall be cited on the face of 
            the amendment.
      16.6      6. When a point of order is made against any restriction 
            on the expenditure of funds appropriated in a general 
            appropriation bill on the ground that the restriction 
            violates this rule, the rule shall be construed strictly 
            and, in case of doubt, in favor of the point of order.
      16.7      7. Every report on general appropriation bills filed by 
            the Committee on Appropriations shall identify with 
            particularity each recommended amendment which proposes an 
            item of appropriation which is not made to carry out the 
            provisions of an existing law, a treaty stipulation, or an 
            act or resolution previously passed by the Senate during 
            that session.
      16.8      8. On a point of order made by any Senator, no general 
            appropriation bill or amendment thereto shall be received or 
            considered if it contains a provision reappropriating 
            unexpended balances of appropriations; except that this 
            provision shall not apply to appropriations in continuation 
            of appropriations for public works on which work has 
            commenced.


[[Page 16]]

        17                            RULE XVII

             REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF 
                         COMMITTEES; AND HEARINGS AVAILABLE

      17.1      1. Except as provided in paragraph 3, in any case in 
            which a controversy arises as to the jurisdiction of any 
            committee with respect to any proposed legislation, the 
            question of jurisdiction shall be decided by the presiding 
            officer, without debate, in favor of the committee which has 
            jurisdiction over the subject matter which predominates in 
            such proposed legislation; but such decision shall be 
            subject to an appeal.
      17.2      2. A motion simply to refer shall not be open to 
            amendment, except to add instructions.
     17.3a      3. (a) Upon motion by both the majority leader or his 
            designee and the minority leader or his designee, proposed 
            legislation may be referred to two or more committees 
            jointly or sequentially. Notice of such motion and the 
            proposed legislation to which it relates shall be printed in 
            the Congressional Record. The motion shall be privileged, 
            but it shall not be in order until the Congressional Record 
            in which the notice is printed has been available to 
            Senators for at least twenty-four hours. No amendment to any 
            such motion shall be in order except amendments to any 
            instructions contained therein. Debate on any such motion, 
            and all amendments thereto and debatable motions and appeals 
            in connection therewith, shall be limited to not more than 
            two hours, the time to be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
     17.3b      (b) Proposed legislation which is referred to two or 
            more committees jointly may be reported only by such 
            committees jointly and only one report may accompany any 
            proposed legislation so jointly reported.
     17.3c      (c) A motion to refer any proposed legislation to two or 
            more committees sequentially shall specify the order of 
            referral.
     17.3d      (d) Any motion under this paragraph may specify the 
            portion or portions of proposed legislation to be considered 
            by the committees, or any of them, to which such proposed 
            legislation is referred, and such committees or committee 
            shall be limited, in the consideration of such proposed 
            legislation, to the portion or portions so specified.
     17.3e      (e) Any motion under this subparagraph may contain 
            instructions with respect to the time allowed for considera-

[[Page 17]]

            tion by the committees, or any of them, to which proposed 
            legislation is referred and the discharge of such 
            committees, or any of them, from further consideration of 
            such proposed legislation.
     17.4a      4. (a) All reports of committees and motions to 
            discharge a committee from the consideration of a subject, 
            and all subjects from which a committee shall be discharged, 
            shall lie over one day for consideration, unless by 
            unanimous consent the Senate shall otherwise direct.
     17.4b      (b) Whenever any committee (except the Committee on 
            Appropriations) has reported any measure, by action taken in 
            conformity with the requirements of paragraph 7 of rule 
            XXVI, no point of order shall lie with respect to that 
            measure on the ground that hearings upon that measure by the 
            committee were not conducted in accordance with the 
            provisions of paragraph 4 of rule XXVI.
      17.5      5.\2\ 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--
---------------------------------------------------------------------------
                \2\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
                        (1) may be waived by joint agreement of the 
                    majority leader and the minority leader of the 
                    Senate; and
                        (2) shall not apply to--
                                (A) any measure for the declaration of 
                            war, or the declaration of a national 
                            emergency, by the Congress, and
                                (B) any executive decision, 
                            determination, or action which would become, 
                            or continue to be, effective unless 
                            disapproved or otherwise invalidated by one 
                            or both Houses of Congress.


[[Page 18]]

        18                           RULE XVIII

                     BUSINESS CONTINUED FROM SESSION TO SESSION

                At the second or any subsequent session of a Congress 
            the legislative business of the Senate which remained 
            undetermined at the close of the next preceding session of 
            that Congress shall be resumed and proceeded with in the 
            same manner as if no adjournment of the Senate had taken 
            place.

        19                            RULE XIX

                                       DEBATE

     19.1a      1. (a) When a Senator desires to speak, he shall rise 
            and address the Presiding Officer, and shall not proceed 
            until he is recognized, and the Presiding Officer shall 
            recognize the Senator who shall first address him. No 
            Senator shall interrupt another Senator in debate without 
            his consent, and to obtain such consent he shall first 
            address the Presiding Officer, and no Senator shall speak 
            more than twice upon any one question in debate on the same 
            legislative day without leave of the Senate, which shall be 
            determined without debate.
     19.1b      (b) At the conclusion of the morning hour at the 
            beginning of a new legislative day or after the unfinished 
            business or any pending business has first been laid before 
            the Senate on any calendar day, and until after the duration 
            of three hours of actual session after such business is laid 
            down except as determined to the contrary by unanimous 
            consent or on motion without debate, all debate shall be 
            germane and confined to the specific question then pending 
            before the Senate.
      19.2      2. No Senator in debate shall, directly or indirectly, 
            by any form of words impute to another Senator or to other 
            Senators any conduct or motive unworthy or unbecoming a 
            Senator.
      19.3      3. No Senator in debate shall refer offensively to any 
            State of the Union.
      19.4      4. If any Senator, in speaking or otherwise, in the 
            opinion of the Presiding Officer transgress the rules of the 
            Senate the Presiding Officer shall, either on his own motion 
            or at the request of any other Senator, call him to order; 
            and when a Senator shall be called to order he shall take 
            his seat, and may not proceed without leave of the Senate, 
            which, if granted, shall be upon motion that he be allowed

[[Page 19]]

            to proceed in order, which motion shall be determined 
            without debate. Any Senator directed by the Presiding 
            Officer to take his seat, and any Senator requesting the 
            Presiding Officer to require a Senator to take his seat, may 
            appeal from the ruling of the Chair, which appeal shall be 
            open to debate.
      19.5      5. If a Senator be called to order for words spoken in 
            debate, upon the demand of the Senator or of any other 
            Senator, the exceptionable words shall be taken down in 
            writing, and read at the table for the information of the 
            Senate.
      19.6      6. Whenever confusion arises in the Chamber or the 
            galleries, or demonstrations of approval or disapproval are 
            indulged in by the occupants of the galleries, it shall be 
            the duty of the Chair to enforce order on his own initiative 
            and without any point of order being made by a Senator.
      19.7      7. No Senator shall introduce to or bring to the 
            attention of the Senate during its sessions any occupant in 
            the galleries of the Senate. No motion to suspend this rule 
            shall be in order, nor may the Presiding Officer entertain 
            any request to suspend it by unanimous consent.
      19.8      8. Former Presidents of the United States shall be 
            entitled to address the Senate upon appropriate notice to 
            the Presiding Officer who shall thereupon make the necessary 
            arrangements.

        20                             RULE XX

                                 QUESTIONS OF ORDER

      20.1      1. A question of order may be raised at any stage of the 
            proceedings, except when the Senate is voting or 
            ascertaining the presence of a quorum, and, unless submitted 
            to the Senate, shall be decided by the Presiding Officer 
            without debate, subject to an appeal to the Senate. When an 
            appeal is taken, any subsequent question of order which may 
            arise before the decision of such appeal shall be decided by 
            the Presiding Officer without debate; and every appeal 
            therefrom shall be decided at once, and without debate; and 
            any appeal may be laid on the table without prejudice to the 
            pending proposition, and thereupon shall be held as 
            affirming the decision of the Presiding Officer.
      20.2      2. The Presiding Officer may submit any question of 
            order for the decision of the Senate.


[[Page 20]]

        21                            RULE XXI

                              SESSION WITH CLOSED DOORS

      21.1      1. On a motion made and seconded to close the doors of 
            the Senate, on the discussion of any business which may, in 
            the opinion of a Senator, require secrecy, the Presiding 
            Officer shall direct the galleries to be cleared; and during 
            the discussion of such motion the doors shall remain closed.
      21.2      2. When the Senate meets in closed session, any 
            applicable provisions of rules XXIX and XXXI, including the 
            confidentiality of information shall apply to any 
            information and to the conduct of any debate transacted.

        22                            RULE XXII

                                PRECEDENCE OF MOTIONS

      22.1      1. When a question is pending, no motion shall be 
            received but--
                        To adjourn.
                        To adjourn to a day certain, or that when the 
                    Senate adjourn it shall be to a day certain.
                        To take a recess.
                        To proceed to the consideration of executive 
                    business.
                        To lay on the table.
                        To postpone indefinitely.
                        To postpone to a day certain.
                        To commit.
                        To amend.
            Which several motions shall have precedence as they stand 
            arranged; and the motions relating to adjournment, to take a 
            recess, to proceed to the consideration of executive 
            business, to lay on the table, shall be decided without 
            debate.

      22.2      2.\3\ Notwithstanding the provisions of rule II or rule 
            IV or any other rule of the Senate, at any time a motion 
            signed by sixteen Senators, to bring to a close the debate 
            upon any measure, motion, other matter pending before the 
            Senate, or the unfinished business, is presented to the 
            Senate, the Presiding Officer, or clerk at the direction of 
            the Presiding Officer, shall at once state the motion to the 
            Senate, and one hour after the Senate meets on the following 
            calendar day but one, he shall lay the motion before the 
            Senate and direct that the clerk call the roll, and upon the

[[Page 21]]

            ascertainment that a quorum is present, the Presiding 
            Officer shall, without debate, submit to the Senate by a 
            yea-and-nay vote the question:
---------------------------------------------------------------------------
                \3\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
                ``Is it the sense of the Senate that the debate shall be 
            brought to a close?''
                And if that question shall be decided in the affirmative 
            by three-fifths of the Senators duly chosen and sworn--
            except on a measure or motion to amend the Senate rules, in 
            which case the necessary affirmative vote shall be two-
            thirds of the Senators present and voting--then said 
            measure, motion, or other matter pending before the Senate, 
            or the unfinished business, shall be the unfinished business 
            to the exclusion of all other business until disposed of.
                Thereafter no Senator shall be entitled to speak in all 
            more than one hour on the measure, motion, or other matter 
            pending before the Senate, or the unfinished business, the 
            amendments thereto and motions affecting the same, and it 
            shall be the duty of the Presiding Officer to keep the time 
            of each Senator who speaks. Except by unanimous consent, no 
            amendment shall be proposed after the vote to bring the 
            debate to a close, unless it had been submitted in writing 
            to the Journal Clerk by 1 o'clock p.m. on the day following 
            the filing of the cloture motion if an amendment in the 
            first degree, and unless it had been so submitted at least 
            one hour prior to the beginning of the cloture vote if an 
            amendment in the second degree. No dilatory motion, or 
            dilatory amendment, or amendment not germane shall be in 
            order. Points of order, including questions of relevancy, 
            and appeals from the decision of the Presiding Officer, 
            shall be decided without debate.
                After no more than thirty hours of consideration of the 
            measure, motion, or other matter on which cloture has been 
            invoked, the Senate shall proceed, without any further 
            debate on any question, to vote on the final disposition 
            thereof to the exclusion of all amendments not then actually 
            pending before the Senate at that time and to the exclusion 
            of all motions, except a motion to table, or to reconsider 
            and one quorum call on demand to establish the presence of a 
            quorum (and motions required to establish a quorum) 
            immediately before the final vote begins. The thirty hours 
            may be increased by the adoption of a motion, decided 
            without debate, by a three-fifths affirmative vote of the 
            Senators duly chosen and sworn, and any such time thus 
            agreed upon shall be equally divided between and con-

[[Page 22]]

            trolled by the Majority and Minority Leaders or their 
            designees. However, only one motion to extend time, 
            specified above, may be made in any one calendar day.
                If, for any reason, a measure or matter is reprinted 
            after cloture has been invoked, amendments which were in 
            order prior to the reprinting of the measure or matter will 
            continue to be in order and may be conformed and reprinted 
            at the request of the amendment's sponsor. The conforming 
            changes must be limited to lineation and pagination.
                No Senator shall call up more than two amendments until 
            every other Senator shall have had the opportunity to do 
            likewise.
                Notwithstanding other provisions of this rule, a Senator 
            may yield all or part of his one hour to the majority or 
            minority floor managers of the measure, motion, or matter or 
            to the Majority or Minority Leader, but each Senator 
            specified shall not have more than two hours so yielded to 
            him and may in turn yield such time to other Senators.
                Notwithstanding any other provision of this rule, any 
            Senator who has not used or yielded at least ten minutes, 
            is, if he seeks recognition, guaranteed up to ten minutes, 
            inclusive, to speak only.
                After cloture is invoked, the reading of any amendment, 
            including House amendments, shall be dispensed with when the 
            proposed amendment has been identified and has been 
            available in printed form at the desk of the Members for not 
            less than twenty-four hours.

        23                           RULE XXIII

                               PRIVILEGE OF THE FLOOR

                Other than the Vice President and Senators, no person 
            shall be admitted to the floor of the Senate while in 
            session, except as follows:
                The President of the United States and his private 
            secretary.
                The President elect and Vice President elect of the 
            United States.
                Ex-Presidents and ex-Vice Presidents of the United 
            States.
                Judges of the Supreme Court.
                Ex-Senators and Senators elect.
                The officers and employees of the Senate in the 
            discharge of their official duties.
                Ex-Secretaries and ex-Sergeants at Arms of the Senate.

[[Page 23]]

                Members of the House of Representatives and Members 
            elect.
                Ex-Speakers of the House of Representatives.
                The Sergeant at Arms of the House and his chief deputy 
            and the Clerk of the House and his deputy.
                Heads of the Executive Departments.
                Ambassadors and Ministers of the United States.
                Governors of States and Territories.
                Members of the Joint Chiefs of Staff.
                The General Commanding the Army.
                The Senior Admiral of the Navy on the active list.
                Members of National Legislatures of foreign countries 
            and Members of the European Parliament.
                Judges of the Court of Claims.
                The Mayor of the District of Columbia.
                The Librarian of Congress and the Assistant Librarian in 
            charge of the Law Library.
                The Architect of the Capitol.
                The Chaplain of the House of Representatives.
                The Secretary of the Smithsonian Institution.
                The Parliamentarian Emeritus of the Senate.
                Members of the staffs of committees of the Senate and 
            joint committees of the Congress when in the discharge of 
            their official duties and employees in the office of a 
            Senator when in the discharge of their official duties (but 
            in each case subject to such rules or regulations as may be 
            prescribed by the Committee on Rules and Administration). 
            Senate committee staff members and employees in the office 
            of a Senator must be on the payroll of the Senate and 
            members of joint committee staffs must be on the payroll of 
            the Senate or the House of Representatives.

        24                            RULE XXIV

                              APPOINTMENT OF COMMITTEES

      24.1      1. In the appointment of the standing committees, or to 
            fill vacancies thereon, the Senate, unless otherwise 
            ordered, shall by resolution appoint the chairman of each 
            such committee and the other members thereof. On demand of 
            any Senator, a separate vote shall be had on the appointment 
            of the chairman of any such committee and on the appointment 
            of the other members thereof. Each such resolution shall be 
            subject to amendment and to division of the question.

[[Page 24]]



      24.2      2. On demand of one-fifth of the Senators present, a 
            quorum being present, any vote taken pursuant to paragraph 1 
            shall be by ballot.
      24.3      3. Except as otherwise provided or unless otherwise 
            ordered, all other committees, and the chairmen thereof, 
            shall be appointed in the same manner as standing 
            committees.
      24.4      4. When a chairman of a committee shall resign or cease 
            to serve on a committee, action by the Senate to fill the 
            vacancy in such committee, unless specially otherwise 
            ordered, shall be only to fill up the number of members of 
            the committee, and the election of a new chairman.

        25                            RULE XXV

                                 STANDING COMMITTEES

      25.1      1. The following standing committees shall be appointed 
            at the commencement of each Congress, and shall continue and 
            have the power to act until their successors are appointed, 
            with leave to report by bill or otherwise on matters within 
            their respective jurisdictions:
     25.1a      (a) (1) Committee on Agriculture, Nutrition, and 
            Forestry, to which committee shall be referred all proposed 
            legislation, messages, petitions, memorials, and other 
            matters relating primarily to the following subjects:
                1. Agricultural economics and research.
                2. Agricultural extension services and experiment 
            stations.
                3. Agricultural production, marketing, and stabilization 
            of prices.
                4. Agriculture and agricultural commodities.
                5. Animal industry and diseases.
                6. Crop insurance and soil conservation.
                7. Farm credit and farm security.
                8. Food from fresh waters.
                9. Food stamp programs.
                10. Forestry, and forest reserves and wilderness areas 
            other than those created from the public domain.
                11. Home economics.
                12. Human nutrition.
                13. Inspection of livestock, meat, and agricultural 
            products.
                14. Pests and pesticides.
                15. Plant industry, soils, and agricultural engineering.

[[Page 25]]

                16. Rural development, rural electrification, and 
            watersheds.
                17. School nutrition programs.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to food, nutrition, 
            and hunger, both in the United States and in foreign 
            countries, and rural affairs, and report thereon from time 
            to time.
     25.1b      (b) Committee on Appropriations, to which committee 
            shall be referred all proposed legislation, messages, 
            petitions, memorials, and other matters relating to the 
            following subjects:
                1. Appropriation of the revenue for the support of the 
            Government, except as provided in subparagraph (e).
                2. Rescission of appropriations contained in 
            appropriation Acts (referred to in section 105 of title 1, 
            United States Code).
                3. The amount of new spending authority described in 
            section 401(c)(2) (A) and (B) of the Congressional Budget 
            Act of 1974 which is to be effective for a fiscal year.
                4. New spending authority described in section 
            401(c)(2)(C) of the Congressional Budget Act of 1974 
            provided in bills and resolutions referred to the committee 
            under section 401(b)(2) of that Act (but subject to the 
            provisions of section 401(b)(3) of that Act).
     25.1c      (c) (1) Committee on Armed Services, to which committee 
            shall be referred all proposed legislation, messages, 
            petitions, memorials, and other matters relating to the 
            following subjects:
                1. Aeronautical and space activities peculiar to or 
            primarily associated with the development of weapons systems 
            or military operations.
                2. Common defense.
                3. Department of Defense, the Department of the Army, 
            the Department of the Navy, and the Department of the Air 
            Force, generally.
                4. Maintenance and operation of the Panama Canal, 
            including administration, sanitation, and government of the 
            Canal Zone.
                5. Military research and development.
                6. National security aspects of nuclear energy.
                7. Naval petroleum reserves, except those in Alaska.

[[Page 26]]

                8. Pay, promotion, retirement, and other benefits and 
            privileges of members of the Armed Forces, including 
            overseas education of civilian and military dependents.
                9. Selective service system.
                10. Strategic and critical materials necessary for the 
            common defense.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to the common defense 
            policy of the United States, and report thereon from time to 
            time.
     25.1d      (d) (1) Committee on Banking, Housing, and Urban 
            Affairs, to which committee shall be referred all proposed 
            legislation, messages, petitions, memorials, and other 
            matters relating to the following subjects:
                1. Banks, banking, and financial institutions.
                2. Control of prices of commodities, rents, and 
            services.
                3. Deposit insurance.
                4. Economic stabilization and defense production.
                5. Export and foreign trade promotion.
                6. Export controls.
                7. Federal monetary policy, including Federal Reserve 
            System.
                8. Financial aid to commerce and industry.
                9. Issuance and redemption of notes.
                10. Money and credit, including currency and coinage.
                11. Nursing home construction.
                12. Public and private housing (including veterans' 
            housing).
                13. Renegotiation of Government contracts.
                14. Urban development and urban mass transit.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to international 
            economic policy as it affects United States monetary 
            affairs, credit, and financial institutions; economic 
            growth, urban affairs, and credit, and report thereon from 
            time to time.
     25.1e      (e) (1) Committee on the Budget, to which committee 
            shall be referred all concurrent resolutions on the budget 
            (as defined in section 3(a)(4) of the Congressional Budget 
            Act of 1974) and all other matters required to be referred 
            to that committee under titles III and IV of that Act, and 
            messages, petitions, memorials, and other matters relating 
            thereto.
                (2) Such committee shall have the duty--

[[Page 27]]

                        (A) to report the matters required to be 
                    reported by it under titles III and IV of the 
                    Congressional Budget Act of 1974;
                        (B) to make continuing studies of the effect on 
                    budget outlays of relevant existing and proposed 
                    legislation and to report the results of such 
                    studies to the Senate on a recurring basis;
                        (C) to request and evaluate continuing studies 
                    of tax expenditures, to devise methods of 
                    coordinating tax expenditures, policies, and 
                    programs with direct budget outlays, and to report 
                    the results of such studies to the Senate on a 
                    recurring basis; and
                        (D) to review, on a continuing basis, the 
                    conduct by the Congressional Budget Office of its 
                    functions and duties.
     25.1f      (f) (1) Committee on Commerce, Science, and 
            Transportation, to which committee shall be referred all 
            proposed legislation, messages, petitions, memorials, and 
            other matters relating to the following subjects:
                1. Coast Guard.
                2. Coastal zone management.
                3. Communications.
                4. Highway safety.
                5. Inland waterways, except construction.
                6. Interstate commerce.
                7. Marine and ocean navigation, safety, and 
            transportation, including navigational aspects of deepwater 
            ports.
                8. Marine fisheries.
                9. Merchant marine and navigation.
                10. Nonmilitary aeronautical and space sciences.
                11. Oceans, weather, and atmospheric activities.
                12. Panama Canal and interoceanic canals generally, 
            except as provided in subparagraph (c).
                13. Regulation of consumer products and services, 
            including testing related to toxic substances, other than 
            pesticides, and except for credit, financial services, and 
            housing.
                14. Regulation of interstate common carriers, including 
            railroads, buses, trucks, vessels, pipelines, and civil 
            aviation.
                15. Science, engineering, and technology research and 
            development and policy.
                16. Sports.
                17. Standards and measurement.

[[Page 28]]

                18. Transportation.
                19. Transportation and commerce aspects of Outer 
            Continental Shelf lands.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, all matters relating to science and 
            technology, oceans policy, transportation, communications, 
            and consumer affairs, and report thereon from time to time.
     25.1g      (g) (1) Committee on Energy and Natural Resources, to 
            which committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
                1. Coal production, distribution, and utilization.
                2. Energy policy.
                3. Energy regulation and conservation.
                4. Energy related aspects of deepwater ports.
                5. Energy research and development.
                6. Extraction of minerals from oceans and Outer 
            Continental Shelf lands.
                7. Hydroelectric power, irrigation, and reclamation.
                8. Mining education and research.
                9. Mining, mineral lands, mining claims, and mineral 
            conservation.
                10. National parks, recreation areas, wilderness areas, 
            wild and scenic rivers, historical sites, military parks and 
            battlefields, and on the public domain, preservation of 
            prehistoric ruins and objects of interest.
                11. Naval petroleum reserves in Alaska.
                12. Nonmilitary development of nuclear energy.
                13. Oil and gas production and distribution.
                14. Public lands and forests, including farming and 
            grazing thereon, and mineral extraction therefrom.
                15. Solar energy systems.
                16. Territorial possessions of the United States, 
            including trusteeships.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to energy and 
            resources development, and report thereon from time to time.
     25.1h      (h) (1) Committee on Environment and Public Works, to 
            which committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
                1. Air pollution.
                2. Construction and maintenance of highways.

[[Page 29]]

                3. Environmental aspects of Outer Continental Shelf 
            lands.
                4. Environmental effects of toxic substances, other than 
            pesticides.
                5. Environmental policy.
                6. Environmental research and development.
                7. Fisheries and wildlife.
                8. Flood control and improvements of rivers and harbors, 
            including environmental aspects of deepwater ports.
                9. Noise pollution.
                10. Nonmilitary environmental regulation and control of 
            nuclear energy.
                11. Ocean dumping.
                12. Public buildings and improved grounds of the United 
            States generally, including Federal buildings in the 
            District of Columbia.
                13. Public works, bridges, and dams.
                14. Regional economic development.
                15. Solid waste disposal and recycling.
                16. Water pollution.
                17. Water resources.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to environmental 
            protection and resource utilization and conservation, and 
            report thereon from time to time.
     25.1i      (i) Committee on Finance, to which committee shall be 
            referred all proposed legislation, messages, petitions, 
            memorials, and other matters relating to the following 
            subjects:
                1. Bonded debt of the United States, except as provided 
            in the Congressional Budget Act of 1974.
                2. Customs, collection districts, and ports of entry and 
            delivery.
                3. Deposit of public moneys.
                4. General revenue sharing.
                5. Health programs under the Social Security Act and 
            health programs financed by a specific tax or trust fund.
                6. National social security.
                7. Reciprocal trade agreements.
                8. Revenue measures generally, except as provided in the 
            Congressional Budget Act of 1974.
                9. Revenue measures relating to the insular possessions.
                10. Tariffs and import quotas, and matters related 
            thereto.

[[Page 30]]

                11. Transportation of dutiable goods.
     25.1j      (j) (1) Committee on Foreign Relations, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
                1. Acquisition of land and buildings for embassies and 
            legations in foreign countries.
                2. Boundaries of the United States.
                3. Diplomatic service.
                4. Foreign economic, military, technical, and 
            humanitarian assistance.
                5. Foreign loans.
                6. International activities of the American National Red 
            Cross and the International Committee of the Red Cross.
                7. International aspects of nuclear energy, including 
            nuclear transfer policy.
                8. International conferences and congresses.
                9. International law as it relates to foreign policy.
                10. International Monetary Fund and other international 
            organizations established primarily for international 
            monetary purposes (except that, at the request of the 
            Committee on Banking, Housing, and Urban Affairs, any 
            proposed legislation relating to such subjects reported by 
            the Committee on Foreign Relations shall be referred to the 
            Committee on Banking, Housing, and Urban Affairs).
                11. Intervention abroad and declarations of war.
                12. Measures to foster commercial intercourse with 
            foreign nations and to safeguard American business interests 
            abroad.
                13. National security and international aspects of 
            trusteeships of the United States.
                14. Oceans and international environmental and 
            scientific affairs as they relate to foreign policy.
                15. Protection of United States citizens abroad and 
            expatriation.
                16. Relations of the United States with foreign nations 
            generally.
                17. Treaties and executive agreements, except reciprocal 
            trade agreements.
                18. United Nations and its affiliated organizations.
                19. World Bank group, the regional development banks, 
            and other international organizations established primarily 
            for development assistance purposes.

[[Page 31]]

                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to the national 
            security policy, foreign policy, and international economic 
            policy as it relates to foreign policy of the United States, 
            and matters relating to food, hunger, and nutrition in 
            foreign countries, and report thereon from time to time.
     25.1k      (k) (1) Committee on Governmental Affairs, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
                1. Archives of the United States.
                2. Budget and accounting measures, other than 
            appropriations, except as provided in the Congressional 
            Budget Act of 1974.
                3. Census and collection of statistics, including 
            economic and social statistics.
                4. Congressional organization, except for any part of 
            the matter that amends the rules or orders of the Senate.
                5. Federal Civil Service.
                6. Government information.
                7. Intergovernmental relations.
                8. Municipal affairs of the District of Columbia, except 
            appropriations therefor.
                9. Organization and management of United States nuclear 
            export policy.
                10. Organization and reorganization of the executive 
            branch of the Government.
                11. Postal Service.
                12. Status of officers and employees of the United 
            States, including their classification, compensation, and 
            benefits.
                (2) Such committee shall have the duty of--
                        (A) receiving and examining reports of the 
                    Comptroller General of the United States and of 
                    submitting such recommendations to the Senate as it 
                    deems necessary or desirable in connection with the 
                    subject matter of such reports;
                        (B) studying the efficiency, economy, and 
                    effectiveness of all agencies and departments of the 
                    Government;
                        (C) evaluating the effects of laws enacted to 
                    reorganize the legislative and executive branches of 
                    the Government; and
                        (D) studying the intergovernmental relationships 
                    between the United States and the States and munici-

[[Page 32]]

                    palities, and between the United States and 
                    international organizations of which the United 
                    States is a member.

     25.1l      (l) Committee on the Judiciary, to which committee shall 
            be referred all proposed legislation, messages, petitions, 
            memorials, and other matters relating to the following 
            subjects:
                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.
     25.1m      (m) (1) Committee on Labor and Human Resources, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
                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.

[[Page 33]]

                10. Gallaudet College, Howard University, and Saint 
            Elizabeths Hospital.
                11. Handicapped individuals.
                12. Labor standards and labor statistics.
                13. Mediation and arbitration of labor disputes.
                14. Occupational safety and health, including the 
            welfare of miners.
                15. Private pension plans.
                16. Public health.
                17. Railway labor and retirement.
                18. Regulation of foreign laborers.
                19. Student loans.
                20. Wages and hours of labor.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to health, education 
            and training, and public welfare, and report thereon from 
            time to time.
     25.1n      (n) (1) Committee on Rules and Administration, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
                1. Administration of the Senate Office Buildings and the 
            Senate wing of the Capitol, including the assignment of 
            office space.
                2. Congressional organization relative to rules and 
            procedures, and Senate rules and regulations, including 
            floor and gallery rules.
                3. Corrupt practices.
                4. Credentials and qualifications of Members of the 
            Senate, contested elections, and acceptance of incompatible 
            offices.
                5. Federal elections generally, including the election 
            of the President, Vice President, and Members of the 
            Congress.
                6. Government Printing Office, and the printing and 
            correction of the Congressional Record, as well as those 
            matters provided for under rule XI.
                7. Meetings of the Congress and attendance of Members.
                8. Payment of money out of the contingent fund of the 
            Senate or creating a charge upon the same (except that any 
            resolution relating to substantive matter within the 
            jurisdiction of any other standing committee of the Senate 
            shall be first referred to such committee).
                9. Presidential succession.

[[Page 34]]

                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; and
                        (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.

     25.1o      (o)(1)\4\ 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.
---------------------------------------------------------------------------
                \4\As added, S. Res. 101, 97-1, Mar. 25, 1981.
---------------------------------------------------------------------------
                (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

[[Page 35]]

            be reported by this committee prior to its consideration by 
            the Senate.
                (3) Such committee shall also study and survey by means 
            of research and investigation all problems of American small 
            business enterprises, and report thereon from time to time.
     25.1p      (p)\5\ Committee on Veterans' Affairs, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
---------------------------------------------------------------------------
                \5\Redesignated as subparagraph (p) by S. Res. 101, 97-
            1, Mar. 25, 1981.
---------------------------------------------------------------------------
                1. Compensation of veterans.
                2. Life insurance issued by the Government on account of 
            service in the Armed Forces.
                3. National cemeteries.
                4. Pensions of all wars of the United States, general 
            and special.
                5. Readjustment of servicemen to civil life.
                6. Soldiers' and sailors' civil relief.
                7. Veterans' hospitals, medical care and treatment of 
            veterans.
                8. Veterans' measures generally.
                9. Vocational rehabilitation and education of veterans.
      25.2      2.\6\ 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:
---------------------------------------------------------------------------
                \6\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.
---------------------------------------------------------------------------
                    Committee:                                    Members

                    Agriculture, Nutrition, and Forestry..........    18
                    Appropriations................................    28
                    Armed Services................................    21
                    Banking, Housing, and Urban Affairs...........    16
                    Commerce, Science, and Transportation.........    19
                    Energy and Natural Resources..................    20
                    Environment and Public Works..................    16
                    Finance.......................................    20
                    Foreign Relations.............................    18
                    Governmental Affairs..........................    15
                    Judiciary.....................................    18
                    Labor and Human Resources.....................    16


[[Page 36]]

                3. (a)\7\ 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:
---------------------------------------------------------------------------
                \7\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.
---------------------------------------------------------------------------
                    Committee:                                    Members

                    Budget........................................    22
                    Rules and Administration......................    16
                    Veterans' Affairs.............................    12
                    Small Business................................    19

     25.3b      (b)\8\ 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:
---------------------------------------------------------------------------
                \8\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res. 
            24, 97-1, Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25, 1981; 
            S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 85, 102-1, Mar. 19, 
            1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18, 103-1, 
            Jan. 21, 1993; S. Res. 34, 104-1, Jan. 6, 1995.
---------------------------------------------------------------------------
                    Committee:                                    Members

                    Aging.........................................    19
                    Intelligence..................................    17
                    Joint Economic Committee......................    10

     25.3c      (c)\9\ 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:
---------------------------------------------------------------------------
                \9\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.
---------------------------------------------------------------------------
                        Committee:                                Members

                    Ethics........................................     6
                    Indian Affairs................................    16
                    Joint Committee on Taxation...................     5

     25.4a      4. (a) Except as otherwise provided by this paragraph--
                        (1) each Senator shall serve on two and no more 
                    committees listed in paragraph 2; and

[[Page 37]]

                        (2) each Senator may serve on only one committee 
                    listed in paragraph 3 (a) or (b).
     25.4b      (b) (1) Each Senator may serve on not more than three 
            subcommittees of each committee (other than the Commit- tee 
            on Appropriations) listed in paragraph 2 of which he is a 
            member.
                (2) Each Senator may serve on not more than two 
            subcommittees of a committee listed in paragraph 3 (a) or 
            (b) of which he is a member.
                (3) Notwithstanding subparagraphs (1) and (2), a Senator 
            serving as chairman or ranking minority member of a 
            standing, select, or special committee of the Senate or 
            joint committee of the Congress may serve ex officio, 
            without vote, as a member of any subcommittee of such 
            committee or joint committee.
                (4) No committee of the Senate may establish any sub- 
            unit of that committee other than a subcommittee, unless the 
            Senate by resolution has given permission therefor. For 
            purposes of this subparagraph, any subunit of a joint 
            committee shall be treated as a subcommittee.
     25.4c      (c) By agreement entered into by the majority leader and 
            the minority leader, the membership of one or more standing 
            committees may be increased temporarily from time to time by 
            such number or numbers as may be required to accord to the 
            majority party a majority of the membership of all standing 
            committees. When any such temporary increase is necessary to 
            accord to the majority party a majority of the membership of 
            all standing committees, members of the majority party in 
            such number as may be required for that purpose may serve as 
            members of three standing committees listed in paragraph 2. 
            No such temporary increase in the membership of any standing 
            committee under this subparagraph shall be continued in 
            effect after the need therefor has ended. No standing 
            committee may be increased in membership under this 
            subparagraph by more than two members in excess of the 
            number prescribed for that committee by paragraph 2 or 3(a).
     25.4d      (d) A Senator may serve as a member of any joint 
            committee of the Congress the Senate members of which are 
            required by law to be appointed from a standing committee of 
            the Senate of which he is a member, and service as a member 
            of any such joint committee shall not be taken into account 
            for purposes of subparagraph (a)(2).
     25.4e      (e) (1) No Senator shall serve at any time as chairman 
            of more than one standing, select, or special committee of

[[Page 38]]

            the Senate or joint committee of the Congress, except that a 
            Senator may serve as chairman of any joint committee of the 
            Congress having jurisdiction with respect to a subject 
            matter which is directly related to the jurisdiction of a 
            standing committee of which he is chairman.
                (2) No Senator shall serve at any time as chairman of 
            more than one subcommittee of each standing, select, or 
            special committee of the Senate or joint committee of the 
            Congress of which he is a member.
                (3) A Senator who is serving as the chairman of a 
            committee listed in paragraph 2 may serve at any time as the 
            chairman of only one subcommittee of all committees listed 
            in paragraph 2 of which he is a member and may serve at any 
            time as the chairman of only one subcommittee of each 
            committee listed in paragraph 3 (a) or (b) of which he is a 
            member. A Senator who is serving as the chairman of a 
            committee listed in paragraph 3 (a) or (b) may not serve as 
            the chairman of any subcommittee of that committee, and may 
            serve at any time as the chairman of only one subcommittee 
            of each committee listed in paragraph 2 of which he is a 
            member. Any other Senator may serve as the chairman of only 
            one subcommittee of each committee listed in paragraph 2, 
            3(a), or 3(b) of which he is a member.
     25.4f      (f) A Senator serving on the Committee on Rules and 
            Administration may not serve on any joint committee of the 
            Congress unless the Senate members thereof are required by 
            law to be appointed from the Committee on Rules and 
            Administration, or unless such Senator served on the 
            Committee on Rules and Administration and the Joint 
            Committee on Taxation on the last day of the Ninety-eighth 
            Congress.\10\
---------------------------------------------------------------------------
                \10\As amended, S. Res. 76, 99-1, Feb. 21, 1985.
---------------------------------------------------------------------------

     25.4g      (g) A Senator who on the day preceding the effective 
            date of title I of the Committee System Reorganization 
            Amendments of 1977 was serving as the chairman or ranking 
            minority member of the Committee on the District of Columbia 
            or the Committee on Post Office and Civil Service may serve 
            on the Committee on Governmental Affairs in addition to 
            serving on two other standing committees listed in paragraph 
            2. At the request of any such Senator, he shall be appointed 
            to serve on such committee but, while serving on such 
            committee and two other standing committees listed in 
            paragraph 2, he may not serve on any com

[[Page 39]]

            mittee listed in paragraph 3 (a) or (b) other than the 
            Committee on Rules and Administration.\11\ The preceding 
            provi- sions 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.
---------------------------------------------------------------------------
                \11\As amended, S. Res. 12, 97-1, Jan. 5, 1981.
---------------------------------------------------------------------------
     25.4h                *     *     *     *     *     *     *\12\
---------------------------------------------------------------------------
                \12\Subpara. (h), omitted here, pertains to committee 
            service of Senators during the current Congress. For the 
            104th Congress, these provisions are established in S. Res. 
            13 and S. Res. 17, 104-1, Jan. 4, 1995; and S. Res. 27 and 
            S. Res. 29, 104-1, Jan. 5, 1995.

        26                            RULE XXVI

                                 COMMITTEE PROCEDURE

      26.1      1.\13\ 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.\14\ The expenses of the committee 
            shall be paid from the contingent fund of the Senate upon 
            vouchers approved by the chairman.
---------------------------------------------------------------------------
                \13\As amended, S. Res. 281, 96-2, Mar. 11, 1980 
            (effective Feb. 28, 1981).
                \14\Pursuant to 2 U.S.C. 68c (See Senate Manual 
            Sec. 273), the Committee on Rules and Administration issues 
            ``Regulations Governing Rates Payable to Commercial 
            Reporting Firms for Reporting Committee Hearings in the 
            Senate.'' Copies of the regulations currently in effect may 
            be obtained from the Committee.
---------------------------------------------------------------------------
      26.2      2.\15\ Each committee\16\ 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

[[Page 40]]

            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.
---------------------------------------------------------------------------
                \15\As amended, S. Res. 250, 101-2, Mar. 1, 1990.
                \16\The term ``each committee'' when used in these rules 
            includes standing, select, and special committees unless 
            otherwise specified.
---------------------------------------------------------------------------

      26.3      3. Each standing committee (except the Committee on 
            Appropriations) shall fix regular weekly, biweekly, or 
            monthly meeting days for the transaction of business before 
            the committee and additional meetings may be called by the 
            chairman as he may deem necessary. If at least three members 
            of any such committee desire that a special meeting of the 
            committee be called by the chairman, those members may file 
            in the offices of the committee their written request to the 
            chairman for that special meeting. Immediately upon the 
            filing of the request, the clerk of the committee shall 
            notify the chairman of the filing of the request. If, within 
            three calendar days after the filing of the request, the 
            chairman does not call the requested special meeting, to be 
            held within seven calendar days after the filing of the 
            request, a majority of the members of the committee may file 
            in the offices of the committee their written notice that a 
            special meeting of the committee will be held, specifying 
            the date and hour of that special meeting. The committee 
            shall meet on that date and hour. Immediately upon the 
            filing of the notice, the clerk of the committee shall 
            notify all members of the committee that such special 
            meeting will be held and inform them of its date and hour. 
            If the chairman of any such committee is not present at any 
            regular, additional, or special meeting of the committee, 
            the ranking member of the majority party on the committee 
            who is present shall preside at that meeting.
     26.4a      4. (a) Each committee (except the Committee on 
            Appropriations and the Committee on the Budget) shall make 
            public announcement of the date, place, and subject matter 
            of any hearing to be conducted by the committee on any 
            measure or matter at least one week before the commencement 
            of that hearing unless the committee determines that there 
            is good cause to begin such hearing at an earlier date.
     26.4b      (b) Each committee (except the Committee on 
            Appropriations) shall require each witness who is to appear 
            before the committee in any hearing to file with the clerk 
            of the

[[Page 41]]

            committee, at least one day before the date of the 
            appearance of that witness, a written statement of his 
            proposed testimony unless the committee chairman and the 
            ranking minority member determine that there is good cause 
            for noncompliance. If so requested by any committee, the 
            staff of the committee shall prepare for the use of the 
            members of the committee before each day of hearing before 
            the committee a digest of the statements which have been so 
            filed by witnesses who are to appear before the committee on 
            that day.
     26.4c      (c) After the conclusion of each day of hearing, if so 
            requested by any committee, the staff shall prepare for the 
            use of the members of the committee a summary of the 
            testimony given before the committee on that day. After 
            approval by the chairman and the ranking minority member of 
            the committee, each such summary may be printed as a part of 
            the committee hearings if such hearings are ordered by the 
            committee to be printed.
     26.4d      (d) Whenever any hearing is conducted by a committee 
            (except the Committee on Appropriations) upon any measure or 
            matter, the minority on the committee shall be entitled, 
            upon request made by a majority of the minority members to 
            the chairman before the completion of such hearing, to call 
            witnesses selected by the minority to testify with respect 
            to the measure or matter during at least one day of hearing 
            thereon.
     26.5a      5. (a) Notwithstanding any other provision of the rules, 
            when the Senate is in session, no committee of the Senate or 
            any subcommittee thereof may meet, without special leave, 
            after the conclusion of the first two hours after the 
            meeting of the Senate commenced and in no case after two 
            o'clock postmeridian unless consent therefor has been 
            obtained from the majority leader and the minority leader 
            (or in the event of the absence of either of such leaders, 
            from his designee). The prohibition contained in the 
            preceding sentence shall not apply to the Committee on 
            Appropriations or the Committee on the Budget. The majority 
            leader or his designee shall announce to the Senate whenever 
            consent has been given under this subparagraph and shall 
            state the time and place of such meeting. The right to make 
            such announcement of consent shall have the same priority as 
            the filing of a cloture motion.
     26.5b      (b) Each meeting of a committee, or any subcommittee 
            thereof, including meetings to conduct hearings, shall be 
            open to the public, except that a meeting or series of meet

[[Page 42]]

            ings 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.

     26.5c      (c) Whenever any hearing conducted by any such committee 
            or subcommittee is open to the public, that hearing

[[Page 43]]

            may be broadcast by radio or television, or both, under such 
            rules as the committee or subcommittee may adopt.
     26.5d      (d) Whenever disorder arises during a committee meeting 
            that is open to the public, or any demonstration of approval 
            or disapproval is indulged in by any person in attendance at 
            any such meeting, it shall be the duty of the Chair to 
            enforce order on his own initiative and without any point of 
            order being made by a Senator. When the Chair finds it 
            necessary to maintain order, he shall have the power to 
            clear the room, and the committee may act in closed session 
            for so long as there is doubt of the assurance of order.
     26.5e      (e) Each committee shall prepare and keep a complete 
            transcript or electronic recording adequate to fully record 
            the proceeding of each meeting or conference whether or not 
            such meeting or any part thereof is closed under this 
            paragraph, unless a majority of its members vote to forgo 
            such a record.
      26.6      6. Morning meetings of committees and subcommittees 
            thereof shall be scheduled for one or both of the periods 
            prescribed in this paragraph. The first period shall end at 
            eleven o'clock antemeridian. The second period shall begin 
            at eleven o'clock antemeridian and end at two o'clock 
            postmeridian.
     26.7a      7. (a) (1) Except as provided in this paragraph, each 
            committee, and each subcommittee thereof is authorized to 
            fix the number of its members (but not less than one-third 
            of its entire membership) who shall constitute a quorum 
            thereof for the transaction of such business as may be 
            considered by said committee, except that no measure or 
            matter or recommendation shall be reported from any 
            committee unless a majority of the committee were physically 
            present.
                (2) Each such committee, or subcommittee, is authorized 
            to fix a lesser number than one-third of its entire 
            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

[[Page 44]]

            is being recorded and has not affirmatively requested that 
            he be so recorded. Action by any committee in reporting any 
            measure or matter in accordance with the requirements of 
            this subparagraph shall constitute the ratification by the 
            committee of all action theretofore taken by the committee 
            with respect to that measure or matter, including votes 
            taken upon the measure or matter or any amendment thereto, 
            and no point of order shall lie with respect to that measure 
            or matter on the ground that such previous action with 
            respect thereto by such committee was not taken in 
            compliance with such requirements.
     26.7b      (b) Each committee (except the Committee on 
            Appropriations) shall keep a complete record of all 
            committee action. Such record shall include a record of the 
            votes on any question on which a record vote is demanded. 
            The results of rollcall votes taken in any meeting of any 
            committee upon any measure, or any amendment thereto, shall 
            be announced in the committee report on that measure unless 
            previously announced by the committee, and such announcement 
            shall include a tabulation of the votes cast in favor of and 
            the votes cast in opposition to each such measure and 
            amendment by each member of the committee who was present at 
            that meeting.
     26.7c      (c) Whenever any committee by rollcall vote reports any 
            measure or matter, the report of the committee upon such 
            measure or matter shall include a tabulation of the votes 
            cast by each member of the committee in favor of and in 
            opposition to such measure or matter. Nothing contained in 
            this subparagraph shall abrogate the power of any committee 
            to adopt rules--
                        (1) providing for proxy voting on all matters 
                    other than the reporting of a measure or matter, or
                        (2) providing in accordance with subparagraph 
                    (a) for a lesser number as a quorum for any action 
                    other than the reporting of a measure or matter.

     26.8a      8. (a) In order to assist the Senate in--
                        (1) its analysis, appraisal, and evaluation of 
                    the application, administration, and execution of 
                    the laws enacted by the Congress, and
                        (2) its formulation, consideration, and 
                    enactment of such modifications of or changes in 
                    those laws, and of such additional legislation, as 
                    may be necessary or appropriate,

            each standing committee (except the Committees on 
            Appropriations and the Budget), shall review and study, on

[[Page 45]]

            a continuing basis the application, administration, and 
            execution of those laws, or parts of laws, the subject 
            matter of which is within the legislative jurisdiction of 
            that committee. Such committees may carry out the required 
            analysis, appraisal, and evaluation themselves, or by 
            contract, or may require a Government agency to do so and 
            furnish a report thereon to the Senate. Such committees may 
            rely on such techniques as pilot testing, analysis of costs 
            in comparison with benefits, or provision for evaluation 
            after a defined period of time.
     26.8b      (b) In each odd-numbered year, each such committee shall 
            submit, not later than March 31, to the Senate, a report on 
            the activities of that committee under this paragraph during 
            the Congress ending at noon on January 3 of such year.
     26.9a      9.\17\ (a) Except as provided in subparagraph (b), each 
            committee shall report one authorization resolution each 
            year authorizing the committee to make expenditures out of 
            the contingent fund of the Senate to defray its expenses, 
            including the compensation of members of its staff and 
            agency contributions related to such compensation, during 
            the period beginning on March 1 of such year and ending on 
            the last day of February of the following year. Such annual 
            authorization resolution shall be reported not later than 
            January 31 of each year, except that, whenever the 
            designation of members of standing committees of the Senate 
            occurs during the first session of a Congress at a date 
            later than January 20, such resolution may be reported at 
            any time within thirty days after the date on which the 
            designation of such members is completed. After the annual 
            authorization resolution of a committee for a year has been 
            agreed to, such committee may procure 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 submis

[[Page 46]]

            sion by such committee of its annual authorization 
            resolution for that year.
---------------------------------------------------------------------------
                \17\As amended, S. Res. 281, 96-2, Mar. 11, 1980 
            (effective Jan. 1, 1981); S. Res. 479, 100-2, Sept. 30, 
            1988.
---------------------------------------------------------------------------

     26.9b      (b) In lieu of the procedure provided in subparagraph 
            (a), the Committee on Rules and Administration may--
                        (1) direct each committee to report an 
                    authorization resolution for a two year budget 
                    period beginning on March 1 of the first session of 
                    a Congress; and
                        (2) report one authorization resolution 
                    containing more than one committee authorization for 
                    a one year or two year budget period.

    26.10a      10. (a) All committee hearings, records, data, charts, 
            and files shall be kept separate and distinct from the 
            congressional office records of the Member serving as 
            chairman of the committee; and such records shall be the 
            property of the Senate and all members of the committee and 
            the Senate shall have access to such records. Each committee 
            is authorized to have printed and bound such testimony and 
            other data presented at hearings held by the committee.
    26.10b      (b) It shall be the duty of the chairman of each 
            committee to report or cause to be reported promptly to the 
            Senate any measure approved by his committee and to take or 
            cause to be taken necessary steps to bring the matter to a 
            vote. In any event, the report of any committee upon a 
            measure which has been approved by the committee shall be 
            filed within seven calendar days (exclusive of days on which 
            the Senate is not in session) after the day on which there 
            has been filed with the clerk of the committee a written and 
            signed request of a majority of the committee for the 
            reporting of that measure. Upon the filing of any such 
            request, the clerk of the committee shall transmit 
            immediately to the chairman of the committee notice of the 
            filing of that request. This subparagraph does not apply to 
            the Committee on Appropriations.
    26.10c      (c) If at the time of approval of a measure or matter by 
            any committee (except for the Committee on 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

[[Page 47]]

            committee upon that measure or matter shall be printed in a 
            single volume which--
                        (1) shall include all supplemental, minority, or 
                    additional views which have been submitted by the 
                    time of the filing of the report, and
                        (2) shall bear upon its cover a recital that 
                    supplemental, minority, or additional views are 
                    included as part of the report.

                This subparagraph does not preclude--
                        (A) the immediate filing and printing of a 
                    committee report unless timely request for the 
                    opportunity to file supplemental, minority, or 
                    additional views has been made as provided by this 
                    subparagraph; or
                        (B) the filing by any such committee of any 
                    supplemental report upon any measure or matter which 
                    may be required for the correction of any technical 
                    error in a previous report made by that committee 
                    upon that measure or matter.
    26.11a      11. (a) The report accompanying each bill or joint 
            resolution of a public character reported by any committee 
            (except the Committee on Appropriations and the Committee on 
            the Budget) shall contain--
                        (1) an estimate, made by such committee, of the 
                    costs which would be incurred in carrying out such 
                    bill or joint resolution in the fiscal year in which 
                    it is reported and in each of the five fiscal years 
                    following such fiscal year (or for the authorized 
                    duration of any program authorized by such bill or 
                    joint resolution, if less than five years), except 
                    that, in the case of measures affecting the 
                    revenues, such reports shall require only an 
                    estimate of the gain or loss in revenues for a one-
                    year period; and
                        (2) a comparison of the estimate of costs 
                    described in subparagraph (1) made by such committee 
                    with any estimate of costs made by any Federal 
                    agency; or
                        (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.
---------------------------------------------------------------------------
                Note.--Each report accompanying any bill or joint 
            resolution relating to terms and conditions of employment or 
            access to public services or accommodations reported by a 
            committee of the House of Representatives or the Senate 
            shall describe the manner in which the provisions of the 
            bill or joint resolution apply to the legislative branch; or 
            in the case of a provision not applicable to the legislative 
            branch, include a statement of the reasons the provision 
            does not apply. (Pub. L. 104-1, title I, Sec. 102, Jan. 23, 
            1995, 109 Stat. 5.) See Senate Manual Sec. 399.70-2.

[[Page 48]]



    26.11b      (b) Each such report (except those by the Committee on 
            Appropriations) shall also contain--
                        (1) an evaluation, made by such committee, of 
                    the regulatory impact which would be incurred in 
                    carrying out the bill or joint resolution. The 
                    evaluation shall include (A) an estimate of the 
                    numbers of individuals and businesses who would be 
                    regulated and a determination of the groups and 
                    classes of such individuals and businesses, (B) a 
                    determination of the economic impact of such 
                    regulation on the individuals, consumers, and 
                    businesses affected, (C) a determination of the 
                    impact on the personal privacy of the individuals 
                    affected, and (D) a determination of the amount of 
                    additional paperwork that will result from the 
                    regulations to be promulgated pursuant to the bill 
                    or joint resolution, which determination may 
                    include, but need not be limited to, estimates of 
                    the amount of time and financial costs required of 
                    affected parties, showing whether the effects of the 
                    bill or joint resolution could be substantial, as 
                    well as reasonable estimates of the recordkeeping 
                    requirements that may be associated with the bill or 
                    joint resolution; or
                        (2) in lieu of such evaluation, a statement of 
                    the reasons why compliance by the committee with the 
                    requirements of clause (1) is impracticable.

    26.11c      (c) It shall not be in order for the Senate to consider 
            any such bill or joint resolution if the report of the 
            committee on such bill or joint resolution does not comply 
            with the provisions of subparagraphs (a) and (b) on the 
            objection of any Senator.
     26.12      12. Whenever a committee reports a bill or a joint 
            resolution repealing or amending any statute or part thereof 
            it shall make a report thereon and shall include in such 
            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

[[Page 49]]

            be made by the bill or joint resolution if enacted in the 
            form recommended by the committee. This paragraph shall not 
            apply to any such report in which it is stated that, in the 
            opinion of the committee, it is necessary to dispense with 
            the requirements of this subsection to expedite the business 
            of the Senate.
    26.13a      13. (a) Each committee (except the Committee on 
            Appropriations) which has legislative jurisdiction shall, in 
            its consideration of all bills and joint resolutions of a 
            public character within its jurisdiction, endeavor to insure 
            that--
                        (1) all continuing programs of the Federal 
                    Government and of the government of the District of 
                    Columbia, within the jurisdiction of such committee 
                    or joint committee, are designed; and
                        (2) all continuing activities of Federal 
                    agencies, within the jurisdiction of such committee 
                    or joint committee, are carried on;
            so that, to the extent consistent with the nature, 
            requirements, and objectives of those programs and 
            activities, appropriations therefor will be made annually.
    26.13b      (b) Each committee (except the Committee on 
            Appropriations) shall with respect to any continuing program 
            within its jurisdiction for which appropriations are not 
            made annually, review such program, from time to time, in 
            order to ascertain whether such program could be modified so 
            that appropriations therefor would be made annually.

        27                           RULE XXVII

                                   COMMITTEE STAFF

      27.1      1.\18\ 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.
---------------------------------------------------------------------------
                \18\As amended, S. Res. 281, 96-2, Mar. 11, 1980 
            (effective Feb. 28, 1981).

                Note.--Pursuant to S. Res. 281, paragraph 1 of rule 
            XXVII was repealed. Accordingly, subparagraphs (a), (b), 
            (c), and (d) of paragraph 2 were renumbered as paragraphs 1, 
            2, 3, and 4, respectively.
---------------------------------------------------------------------------
      27.2      2. The minority shall receive fair consideration in the 
            appointment of staff personnel pursuant to authority of a 
            resolution described in paragraph 9 of rule XXVI.
      27.3      3. The staffs of committees (including personnel 
            appointed pursuant to authority of a resolution described in

[[Page 50]]

            paragraph 9 of rule XXVI or other Senate resolution) should 
            reflect the relative number of majority and minority members 
            of committees. A majority of the minority members of any 
            committee may, by resolution, request that at least one-
            third of all funds of the committee for personnel (other 
            than those funds determined by the chairman and ranking 
            minority member to be allocated for the administrative and 
            clerical functions of the committee as a whole) be allocated 
            to the minority members of such committee for compensation 
            of minority staff as the minority members may decide. The 
            committee shall thereafter adjust its budget to comply with 
            such resolution. Such adjustment shall be equitably made 
            over a four-year period, commencing July 1, 1977, with not 
            less than one-half being made in two years. Upon request by 
            a majority of the minority members of any committee by 
            resolution, proportionate space, equipment, and facilities 
            shall be provided for such minority staff.
      27.4      4. No committee shall appoint to its staff any experts 
            or other personnel detailed or assigned from any department 
            or agency of the Government, except with the written 
            permission of the Committee on Rules and Administration.
                                     RULE XXVIII

        28          CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS

      28.1      1.\19\ 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.
---------------------------------------------------------------------------
                \19\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------

      28.2      2. Conferees shall not insert in their report matter not 
            committed to them by either House, nor shall they strike 
            from the bill matter agreed to by both Houses. If new matter 
            is inserted in the report, or if matter which was agreed to 
            by both Houses is stricken from the bill, a point of order 
            may be made against the report, and if the point of order is 
            sustained, the report is rejected or shall be recommitted to 
            the committee of conference if the House of Representatives 
            has not already acted thereon.
      28.3      3. (a) In any case in which a disagreement to an 
            amendment in the nature of a substitute has been referred to

[[Page 51]]

            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 ei- 
            ther 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.
      28.4      4. Each report made by a committee of conference to the 
            Senate shall be printed as a report of the Senate. As so 
            printed, such report shall be accompanied by an explanatory 
            statement prepared jointly by the conferees on the part of 
            the House and the conferees on the part of the Senate. Such 
            statement shall be sufficiently detailed and explicit to 
            inform the Senate as to the effect which the amendments or 
            propositions contained in such report will have upon the 
            measure to which those amendments or propositions relate.
      28.5      5. If time for debate in the consideration of any report 
            of a committee of conference upon the floor of the Senate is 
            limited, the time allotted for debate shall be equally 
            divided between the majority party and the minority party.
      28.6      6. Each conference committee between the Senate and the 
            House of Representatives shall be open to the public except 
            when managers of either the Senate or the House of 
            Representatives in open session determine by a rollcall vote 
            of a majority of those managers persent, that all or part of 
            the remainder of the meeting on the day of the vote shall be 
            closed to the public.

        29                            RULE XXIX

                                 EXECUTIVE SESSIONS

      29.1      1. When the President of the United States shall meet 
            the Senate in the Senate Chamber for the consideration of 
            Executive business, he shall have a seat on the right of the 
            Presiding Officer. When the Senate shall be convened by the 
            President of the United States to any other place, the 
            Presiding Officer of the Senate and the Senators shall 
            attend at the place appointed, with the necessary officers 
            of the Senate.
      29.2      2. When acting upon confidential or Executive business, 
            unless the same shall be considered in open Executive 
            session, the Senate Chamber shall be cleared of all persons

[[Page 52]]

            except the Secretary, the Assistant Secretary, the Principal 
            Legislative Clerk, the Parliamentarian, the Executive Clerk, 
            the Minute and Journal Clerk, the Sergeant at Arms, the 
            Secretaries to the Majority and the Minority, and such other 
            officers as the Presiding Officer shall think necessary; and 
            all such officers shall be sworn to secrecy.
      29.3      3. All confidential communications made by the President 
            of the United States to the Senate shall be by the Senators 
            and the officers of the Senate kept secret; and all treaties 
            which may be laid before the Senate, and all remarks, votes, 
            and proceedings thereon shall also be kept secret, until the 
            Senate shall, by their resolution, take off the injunction 
            of secrecy.
      29.4      4. Whenever the injunction of secrecy shall be removed 
            from any part of the proceedings of the Senate in closed 
            Executive or legislative session, the order of the Senate 
            removing the same shall be entered in the Legislative 
            Journal as well as in the Executive Journal, and shall be 
            published in the Congressional Record under the direction of 
            the Secretary of the Senate.
      29.5      5.20 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.
---------------------------------------------------------------------------
                \20\As amended by S. Res. 363, 102-2, Oct. 8, 1992.
---------------------------------------------------------------------------

      29.6      6. Whenever, by the request of the Senate or any 
            committee thereof, any documents or papers shall be 
            communicated to the Senate by the President or the head of 
            any department relating to any matter pending in the Senate, 
            the proceedings in regard to which are secret or 
            confidential under the rules, said documents and papers 
            shall be considered as confidential, and shall not be 
            disclosed without leave of the Senate.

        30                            RULE XXX

                     EXECUTIVE SESSION--PROCEEDINGS ON TREATIES

     30.1a      1. (a) When a treaty shall be laid before the Senate for 
            ratification, it shall be read a first time; and no motion 
            in respect to it shall be in order, except to refer it to a

[[Page 53]]

            committee, to print it in confidence for the use of the 
            Senate, or to remove the injunction of secrecy.
     30.1b      (b)\21\ When a treaty is reported from a committee with 
            or without amendment, it shall, unless the Senate unani- 
            mously 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.
---------------------------------------------------------------------------
                \21\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
     30.1c      (c) The decisions thus made shall be reduced to the form 
            of a resolution of ratification, with or without amendments, 
            as the case may be, which shall be proposed on a subsequent 
            day, unless, by unanimous consent, the Senate determine 
            otherwise, at which stage no amendment to the treaty shall 
            be received unless by unanimous consent; but the resolution 
            of ratification when pending shall be open to amendment in 
            the form of reservations, declarations, statements, or 
            understandings.
     30.1d      (d) On the final question to advise and consent to the 
            ratification in the form agreed to, the concurrence of two-
            thirds of the Senators present shall be necessary to 
            determine it in the affirmative; but all other motions and 
            questions upon a treaty shall be decided by a majority vote, 
            except a motion to postpone indefinitely, which shall be 
            decided by a vote of two-thirds.
      30.2      2. Treaties transmitted by the President to the Senate 
            for ratification shall be resumed at the second or any 
            subsequent session of the same Congress at the stage in 
            which they were left at the final adjournment of the session 
            at which they were transmitted; but all proceedings on 
            treaties shall terminate with the Congress, and they shall 
            be resumed at the commencement of the next Congress as if no 
            proceedings had previously been had thereon.

        31                            RULE XXXI

                    EXECUTIVE SESSION--PROCEEDINGS ON NOMINATIONS

      31.1      1. When nominations shall be made by the President of 
            the United States to the Senate, they shall, unless 
            otherwise ordered, be referred to appropriate committees; 
            and the final question on every nomination shall be, ``Will 
            the Senate advise and consent to this nomination?'' which 
            question shall not be put on the same day on which the

[[Page 54]]

            nomination is received, nor on the day on which it may be 
            reported by a committee, unless by unanimous consent.
      31.2      2. All business in the Senate shall be transacted in 
            open session, unless the Senate as provided in rule XXI by a 
            majority vote shall determine that a particular nomination, 
            treaty, or other matter shall be considered in closed execu- 
            tive session, in which case all subsequent proceedings with 
            respect to said nomination, treaty, or other matter shall be 
            kept secret: Provided, That the injunction of secrecy as to 
            the whole or any part of proceedings in closed executive 
            session may be removed on motion adopted by a majority vote 
            of the Senate in closed executive session: Provided further, 
            That any Senator may make public his vote in closed 
            executive session.
      31.3      3. When a nomination is confirmed or rejected, any 
            Senator voting in the majority may move for a 
            reconsideration on the same day on which the vote was taken, 
            or on either of the next two days of actual executive 
            session of the Senate; but if a notification of the 
            confirmation or rejection of a nomination shall have been 
            sent to the President before the expiration of the time 
            within which a motion to reconsider may be made, the motion 
            to reconsider shall be accompanied by a motion to request 
            the President to return such notification to the Senate. Any 
            motion to reconsider the vote on a nomination may be laid on 
            the table without prejudice to the nomination, and shall be 
            a final disposition of such motion.
      31.4      4. Nominations confirmed or rejected by the Senate shall 
            not be returned by the Secretary to the President until the 
            expiration of the time limited for making a motion to 
            reconsider the same, or while a motion to reconsider is 
            pending unless otherwise ordered by the Senate.
      31.5      5. When the Senate shall adjourn or take a recess for 
            more than thirty days, all motions to reconsider a vote upon 
            a nomination which has been confirmed or rejected by the 
            Senate, which shall be pending at the time of taking such 
            adjournment or recess, shall fall; and the Secretary shall 
            return all such nominations to the President as confirmed or 
            rejected by the Senate, as the case may be.
      31.6      6. Nominations neither confirmed nor rejected during the 
            session at which they are made shall not be acted upon at 
            any succeeding session without being again made to the 
            Senate by the President; and if the Senate shall adjourn or 
            take a recess for more than thirty days, all nominations 
            pending and not finally acted upon at the time of taking

[[Page 55]]

            such adjournment or recess shall be returned by the 
            Secretary to the President, and shall not again be 
            considered unless they shall again be made to the Senate by 
            the President.
     31.7a      7. (a) The Official Reporters shall be furnished with a 
            list of nominations to office after the proceedings of the 
            day on which they are received, and a like list of all 
            confirmations and rejections.
     31.7b      (b) All nominations to office shall be prepared for the 
            printer by the Official Reporter, and printed in the 
            Congressional Record, after the proceedings of the day in 
            which they are received, also nominations recalled, and 
            confirmed.
     31.7c      (c) The Secretary shall furnish to the press, and to the 
            public upon request, the names of nominees confirmed or 
            rejected on the day on which a final vote shall be had, 
            except when otherwise ordered by the Senate.

        32                           RULE XXXII

            THE PRESIDENT FURNISHED WITH COPIES OF RECORDS OF EXECUTIVE 
                                      SESSIONS

                The President of the United States shall, from time to 
            time, be furnished with an authenticated transcript of the 
            public executive records of the Senate, but no further 
            extract from the Executive Journal shall be furnished by the 
            Secretary, except by special order of the Senate; and no 
            paper, except original treaties transmitted to the Senate by 
            the President of the United States, and finally acted upon 
            by the Senate, shall be delivered from the office of the 
            Secretary without an order of the Senate for that purpose.

        33                           RULE XXXIII

                     SENATE CHAMBER--SENATE WING OF THE CAPITOL

      33.1      1. The Senate Chamber shall not be granted for any other 
            purpose than for the use of the Senate; no smoking shall be 
            permitted at any time on the floor of the Senate, or lighted 
            cigars, cigarettes, or pipes be brought into the Chamber.
      33.2      2. It shall be the duty of the Committee on Rules and 
            Administration to make all rules and regulations respecting 
            such parts of the Capitol, its passages and galleries, 
            including the restaurant and the Senate Office Buildings,

[[Page 56]]

            as are or may be set apart for the use of the Senate and its 
            officers, to be enforced under the direction of the 
            Presiding Officer. The Committee shall make such regulations 
            respecting the reporters' galleries of the Senate, together 
            with the adjoining rooms and facilities, as will confine 
            their occupancy and use to bona fide reporters of newspapers 
            and periodicals, and of news or press associations for daily 
            news dissemination through radio, television, wires, and 
            cables, and similar media of transmission. These regulations 
            shall so provide for the use of such space and facilities as 
            fairly to distribute their use to all such media of news 
            dissemination.

        34                           RULE XXXIV

      34.1                   PUBLIC FINANCIAL DISCLOSURE

                1. For purposes of this rule, the provisions of title I 
            of the Ethics in Government Act of 1978 shall be deemed to 
            be a rule of the Senate as it pertains to Members, officers, 
            and employees of the Senate.
---------------------------------------------------------------------------
                Note.--Financial disclosure requirements contained in 
            the Ethics in Government Act as amended are codified at 5 
            U.S.C. App. 6. See Senate Manual Sec. 439.
---------------------------------------------------------------------------

      34.2      2. (a)\22\ 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.
---------------------------------------------------------------------------
                \22\Paragraph 2 added pursuant to S. Res. 236, 101-2, 
            Jan. 30, 1990.
---------------------------------------------------------------------------
                (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.

      34.3      3.\23\ In addition to the requirements of paragraph 1, 
            Members, officers, and employees of the Senate shall in

[[Page 57]]

            clude in each report filed under paragraph 1 the following 
            additional information:
---------------------------------------------------------------------------
                \23\Paragraphs 3 and 4 added pursuant to S. Res. 158, 
            104-1, July 28, 1995, effective Jan. 1, 1996, as amended by 
            S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
                        (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 as follows:
                                (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 of value 
                    greater than $1,000,000 shall be categorized only as 
                    an amount or value greater than $1,000,000.
      34.4      4.\24\ In addition to the requirements of paragraph 1, 
            Members, officers, and employees of the Senate shall include 
            in each report filed under paragraph 1 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 bene

[[Page 58]]

            ficiary from receiving information on the total cash value 
            of any interest in the qualified blind trust.
---------------------------------------------------------------------------
                \24\Effective with respect to reports filed under title 
            I of the Ethics in Government Act of 1978 for calendar year 
            1996 and thereafter.

        35                          RULE XXXV\25\
---------------------------------------------------------------------------

                \25\Amended pursuant to S. Res. 158, 104-1, July 28, 
            1995, effective Jan. 1, 1996. See also 2 U.S.C. 31-2, Senate 
            Manual Sec. 220.1.
---------------------------------------------------------------------------

                                        GIFTS

      35.1      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:

[[Page 59]]

                        (1) Anything for which the Member, officer, or 
                    employee pays the market value, or does not use and 
                    promptly returns to the donor.
                        (2) A contribution, as defined in the Federal 
                    Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
                    that is lawfully made under that Act, or attendance 
                    at a fundraising event sponsored by a political 
                    organization described in section 527(e) of the 
                    Internal Revenue Code of 1986.
                        (3) A gift from a relative as described in 
                    section 109(16) of title I of the Ethics Reform Act 
                    of 1989 (5 U.S.C. App. 6).\26\
---------------------------------------------------------------------------
                \26\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See 
            Senate Manual Sec. 439.9 for definitions.
---------------------------------------------------------------------------
                        (4)(A) Anything, including personal hospitality, 
                    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.
                        (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

[[Page 60]]

                    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 
                    distribu

[[Page 61]]

                    tion, 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)\27\ of an individual other than a registered 
                    lobbyist or agent of a foreign principal.
---------------------------------------------------------------------------
                \27\See Senate Manual Sec. 439.9 for definitions.
---------------------------------------------------------------------------
                        (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

[[Page 62]]

                                (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 inte

[[Page 63]]

            gral 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.
      35.2      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 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

[[Page 64]]

                    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

[[Page 65]]

                        (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 make 
            available to the public all advance authorizations and 
            disclosures of reimbursement filed pursuant to subparagraph 
            (a) as soon as possible after they are received.
      35.3      3. A gift prohibited by paragraph 1(a) incudes 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.
      35.4      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

[[Page 66]]

            of honoraria described in subparagraph (a) shall report 
            within 30 days after such designation or recommendation to 
            the Secretary of the Senate--
                        (1) the name and address of the registered 
                    lobbyist who is making the contribution in lieu of 
                    honoraria;
                        (2) the date and amount of the contribution; and
                        (3) the name and address of the charitable 
                    organization designated or recommended by the 
                    Member.
            The Secretary of the Senate shall make public information 
            received pursuant to this subparagraph as soon as possible 
            after it is received.

      35.5      5. For purposes of this rule--
                        (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.

      35.6      6. All the provisions of this rule shall be interpreted 
            and enforced solely by the Select Committee on Ethics. The 
            Select Committee on Ethics is authorized to issue guidance 
            on any matter contained in this rule.

        36                         RULE XXXVI\28\
---------------------------------------------------------------------------

                \28\Previous provisions of Rule XXXVI were repealed by 
            S. Res. 512, 97-2, Dec. 14, 1982, effective Jan. 1, 1983. 
            New Rule XXXVI language established by S. Res. 192, 102-1, 
            Oct. 31, 1991, effective Aug. 14, 1991. See Senate Manual 
            Sec. 440 for provisions of 5 U.S.C. App. 7.
---------------------------------------------------------------------------

                                outside earned income

      36.1      For purposes of this rule, the provisions of section 501 
            of the Ethics in Government Act of 1978 (5 U.S.C. App. 7 
            501) shall be deemed to be a rule of the Senate as it 
            pertains to Members, officers, and employees of the Senate.

        37                           RULE XXXVII

                                CONFLICT OF INTEREST

      37.1      1. A Member, officer, or employee of the Senate shall 
            not receive any compensation, nor shall he permit any 
            compensation to accrue to his beneficial interest from any 
            source, the receipt or accrual of which would occur by 
            virtue of influence improperly exerted from his position as 
            a Member, officer, or employee.

[[Page 67]]


      37.2      2. No Member, officer, or employee shall engage in any 
            outside business or professional activity or employment for 
            compensation which is inconsistent or in conflict with the 
            conscientious performance of official duties.
      37.3      3. No officer or employee shall engage in any outside 
            business or professional activity or employment for 
            compensation unless he has reported in writing when such 
            activity or employment commences and on May 15 of each year 
            thereafter so long as such activity or employment con- 
            tinues, the nature of such activity or employment to his 
            supervisor. The supervisor shall then, in the discharge of 
            his duties, take such action as he considers necessary for 
            the avoidance of conflict of interest or interference with 
            duties to the Senate.
      37.4      4. No Member, officer, or employee shall knowingly use 
            his official position to introduce or aid the progress or 
            passage of legislation, a principal purpose of which is to 
            further only his pecuniary interest, only the pecuniary 
            interest of his immediate family, or only the pecuniary 
            interest of a limited class of persons or enterprises, when 
            he, or his immediate family, or enterprises controlled by 
            them, are members of the affected class.
     37.5a      5. (a)\29\ 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.
---------------------------------------------------------------------------
                \29\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991, 
            effective Aug. 14, 1991, paragraph 5 renumbered 5(a) and 
            subparagraph (b) added.
---------------------------------------------------------------------------
     37.5b      (b) A Member or an officer or employee whose rate of 
            basic pay is equal to or greater than 120 percent of the 
            annual rate of basic pay in effect for grade GS-15 of the 
            General Schedule shall not----
                        (1) receive compensation for affiliating with or 
                    being employed by a firm, partnership, association, 
                    corporation, or other entity which provides 
                    professional services involving a fiduciary 
                    relationship;

[[Page 68]]

                        (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 Committee 
                    on Ethics.

     37.6a      6. (a)\30\ 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--
---------------------------------------------------------------------------
                \30\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991, 
            effective Aug. 14, 1991, paragraph 6 renumbered 6(a) and 
            subparagraph (b) added.
---------------------------------------------------------------------------
                        (1) an officer or member of the board of an 
                    organization which is exempt from taxation under 
                    section 501(c) of the Internal Revenue Code of 1954, 
                    if such service is performed without compensation;
                        (2) an officer or member of the board of an 
                    institution or organization which is principally 
                    available to Members, officers, or employees of the 
                    Senate, or their families, if such service is 
                    performed without compensation; or
                        (3) a member of the board of a corporation, 
                    institution, or other business entity, if (A) the 
                    Member, officer, or employee had served continuously 
                    as a member of the board thereof for at least two 
                    years prior to his election or appointment as a 
                    Member, officer, or employee of the Senate, (B) the 
                    amount of time 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.

     37.6b      (b) A Member or an officer or employee whose rate of 
            basic pay is equal to or greater than 120 percent of the 
            annual rate of basic pay in effect for grade GS-15 of the 
            General Schedule shall not serve for compensation as an

[[Page 69]]

            officer or member of the board of any association, 
            corporation, or other entity.

      37.7      7. An employee on the staff of a committee who is 
            compensated at a rate in excess of $25,000 per annum and 
            employed for more than ninety days in a calendar year shall 
            divest himself of any substantial holdings which may be 
            directly affected by the actions of the committee for which 
            he works, unless the Select Committee, after con- sultation 
            with the employee's supervisor, grants permission in writing 
            to retain such holdings or the employee makes other 
            arrangements acceptable to the Select Committee and the 
            employee's supervisor to avoid participation in committee 
            actions where there is a conflict of interest, or the 
            appearance thereof.
      37.8      8. If a Member, upon leaving office, becomes a 
            registered lobbyist under the Federal Regulation of Lobbying 
            Act of 1946 or any successor statute, or is employed or 
            retained by such a registered lobbyist for the purpose of 
            influencing legislation, he shall not lobby Members, 
            officers, or employees of the Senate for a period of one 
            year after leaving office.
      37.9      9. If an employee on the staff of a Member, upon leaving 
            that position, becomes a registered lobbyist under the 
            Federal Regulation of Lobbying Act of 1946 or any successor 
            statute, or is employed or retained by such a registered 
            lobbyist for the purpose of influencing legislation, such 
            employee may not lobby the Member for whom he worked or that 
            Member's staff for a period of one year after leaving that 
            position. If an employee on the staff of a committee, upon 
            leaving his position, becomes such a registered lobbyist or 
            is employed or retained by such a registered lobbyist for 
            the purpose of influencing legislation, such employee may 
            not lobby the members of the committee for which he worked, 
            or the staff of that committee, for a period of one year 
            after leaving his position.
     37.10      10. (a)\31\ 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 mat

[[Page 70]]

            ters affecting any non-governmental person in which the 
            employee has a significant financial interest.
---------------------------------------------------------------------------
                \31\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.
---------------------------------------------------------------------------
                (b) Subparagraph (a) shall not apply if an employee 
            first advises his supervising authority of his significant 
            financial interest and obtains from his employing authority 
            a written waiver stating that the participation of the 
            employee is necessary. A copy of each such waiver shall be 
            filed with the Select Committee.
     37.11      11. For purposes of this rule--
                        (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.

     37.12      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

[[Page 71]]

                    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.

        38                          RULE XXXVIII

                      PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS

      38.1      1. (a)\32\ 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--
---------------------------------------------------------------------------
                \32\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991, 
            paragraph 1 was renumbered 1(a) and subparagraph (b) was 
            added. Effective date revised to May 1, 1992, by a provision 
            of Pub. L. 102-229, Dec. 12, 1991. Provisions of 2 U.S.C. 
            431 are contained in the Senate Manual at Sec. 399.8.
---------------------------------------------------------------------------
                        (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 (2 U.S.C. 431)); and
                        (4) funds received as reasonable reimbursements 
                    for expenses incurred by a Member in connection with 
                    personal services provided by the Member to the 
                    organization making the reimbursement.


[[Page 72]]


                (b) Notwithstanding subparagraph (a), official expenses 
            may be defrayed only as provided by subsections (d) and (i) 
            of section 311 of the Legislative Appropriations Act, 1991 
            (Public Law 101-520).
      38.2      2. No contribution (as defined in section 301(e) of the 
            Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall 
            be converted to the personal use of any Member or any former 
            Member. For the purposes of this rule ``personal use'' does 
            not include reimbursement of expenses incurred by a Member 
            in connection with his official duties.

        39                           RULE XXXIX

                                   FOREIGN TRAVEL

      39.1      1. (a) Unless authorized by the Senate (or by the 
            President of the United States after an adjournment sine 
            die), no funds from the United States Government (including 
            foreign currencies made available under section 502(b) of 
            the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be 
            received for the purpose of travel outside the United States 
            by any Member of the Senate whose term will expire at the 
            end of a Congress after--
                        (1) the date of the general election in which 
                    his successor is elected; or
                        (2) in the case of a Member who is not a 
                    candidate in such general election, the earlier of 
                    the date of such general election or the adjournment 
                    sine die of the second regular session of that 
                    Congress.

                (b)\33\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--
---------------------------------------------------------------------------
                \33\Pursuant to S. Res. 80, 100-1, Jan. 28, 1987, 
            paragraph 1 was renumbered as 1. (a) and subparagraph (b) 
            was added.
---------------------------------------------------------------------------
                        (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.

      39.2      2. No Member, officer, or employee engaged in foreign 
            travel may claim payment or accept funds from the United 
            States Government (including foreign currencies made 
            available under section 502(b) of the Mutual Security Act of 
            1954 (22 U.S.C. 1754(b)) for any expense for which the 
            individual has received reimbursement from any other

[[Page 73]]

            source; nor may such Member, officer, or employee receive 
            reimbursement for the same expense more than once from the 
            United States Government. No Member, officer, or employee 
            shall use any funds furnished to him to defray ordinary and 
            necessary expenses of foreign travel for any purpose other 
            than the purpose or purposes for which such funds were 
            furnished.
      39.3      3. A per diem allowance provided a Member, officer, or 
            employee in connection with foreign travel shall be used 
            solely for lodging, food, and related expenses and it is the 
            responsibility of the Member, officer, or employee receiving 
            such an allowance to return to the United States Government 
            that portion of the allowance received which is not actually 
            used for necessary lodging, food, and related expenses.

        40                             RULE XL

               FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS\34\
---------------------------------------------------------------------------

                \34\Section 3210 of title 39, U.S.C., contains statutory 
            provisions are parallel to certain provisions of rule XL 
            relating to the franking privilege. See Senate Manual 
            Sec. 491.
---------------------------------------------------------------------------
      40.1      1. A Senator or an individual who is a candidate for 
            nomination for election, or election, to the Senate may not 
            use the frank for any mass mailing (as defined in section 
            3210(a)(6)(E)\35\ 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.\36\
---------------------------------------------------------------------------
                \35\Citation corrected by S. Res. 187, 101-1, Oct. 2, 
            1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
                \36\As amended, S. Res. 224, 103-2, June 21, 1994.

      40.2      2. A Senator shall use only official funds of the 
            Senate, including his official Senate allowances, to 
            purchase paper, to print, or to prepare any mass mailing 
            material which is to be sent out under the frank.
     40.3a      3. (a) When a Senator disseminates information under the 
            frank by a mass mailing (as defined in section 3210(a)(6)(E) 
            of title 39, United States Code), the Senator shall register 
            quarterly\37\ 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

[[Page 74]]

            providing, on a form supplied by the Secretary, a 
            description of the group or groups of persons to whom the 
            mass mailing was mailed.
---------------------------------------------------------------------------
                \37\Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C. 
            59g, See Senate Manual Sec. 248.7.

     40.3b      (b) The Secretary of the Senate shall promptly make 
            available for public inspection and copying a copy of the 
            mail matter registered, and a description of the group or 
            groups of persons to whom the mass mailing was mailed.
      40.4      4. Nothing in this rule shall apply to any mailing under 
            the frank which is (a) in direct response to inquiries or 
            requests from persons to whom the matter is mailed; (b) 
            addressed to colleagues in Congress or to government 
            officials (whether Federal, State, or local); or (c) 
            consists entirely of news releases to the communications 
            media.
      40.5      5. The Senate computer facilities shall not be used (a) 
            to store, maintain, or otherwise process any lists or 
            categories of lists of names and addresses identifying the 
            individuals included in such lists as campaign workers or 
            contributors, as members of a political party, or by any 
            other partisan political designation, (b) to produce 
            computer printouts except as authorized by user guides 
            approved by the Committee on Rules and Administration, or 
            (c) to produce mailing labels for mass mailings, or computer 
            tapes and discs, for use other than in service facilities 
            maintained and operated by the Senate or under contract to 
            the Senate. The Committee on Rules and Administration shall 
            prescribe such regulations not inconsistent with the 
            purposes of this paragraph as it determines necessary to 
            carry out such purposes.
      40.6      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.\38\
---------------------------------------------------------------------------
                \38\As amended, S. Res. 224, 103-2, June 21, 1994.

     40.6b      (b) This paragraph shall not apply if the facilities are 
            to be used at the request of, and at the expense of, a 
            licensed broadcast organization or an organization exempt 
            from taxation under section 501(c)(3) of the Internal 
            Revenue Code of 1954.


[[Page 75]]

        41                            RULE XLI

                        POLITICAL FUND ACTIVITY; DEFINITIONS

      41.1      1. No officer or employee of the Senate may receive, 
            solicit, be a custodian of, or distribute any funds in 
            connection with any campaign for the nomination for 
            election, or the election, of any individual to be a Member 
            of the Senate or to any other Federal office. This 
            prohibition does not apply to three\39\ 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.\40\ The Secretary of the 
            Senate shall make the designation available for public 
            inspection.
---------------------------------------------------------------------------
                \39\As amended by S. Res. 258, 100-1, Oct. 1, 1987.
                \40\Pursuant to S. Res. 236, 101-2, Jan 30, 1990.

      41.2      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.

      41.3      3. Before approving the utilization by any committee of 
            the Senate of the services of an officer or employee of the 
            Government in accordance with paragraph 4\41\ 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

[[Page 76]]

            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.
---------------------------------------------------------------------------
                \41\Reference corrected by S. Res. 192, 102-1, Oct. 31, 
            1991.

      41.4      4. No Member, officer, or employee of the Senate shall 
            utilize the full-time services of an individual for more 
            than ninety days in a calendar year in the conduct of 
            official duties of any committee or office of the Senate 
            (including a Member's office) unless such individual--
                        (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.

      41.5      5. In exceptional circumstances for good cause shown, 
            the Select Committee on Ethics may waive the applicability 
            of any provision of the Senate Code of Official Conduct to 
            an employee hired on a per diem basis.
     41.6a      6. (a) The supervisor of an individual who performs 
            services for any Member, committee, or office of the Senate 
            for a period in excess of four weeks and who receives 
            compensation therefor from any source other than the United 
            States Government shall report to the Select Committee on 
            Ethics with respect to the utilization of the services of 
            such individual.
     41.6b      (b) A report under subparagraph (a) shall be made with 
            respect to an individual--
                        (1) when such individual begins performing 
                    services described in such subparagraph;
                        (2) at the close of each calendar quarter while 
                    such individual is performing such services; and
                        (3) when such individual ceases to perform such 
                    services.

            Each such report shall include the identity of the source of 
            the compensation received by such individual and the amount 
            or rate of compensation paid by such source.

     41.6c      (c) No report shall be required under subparagraph (a) 
            with respect to an individual who normally performs serv

[[Page 77]]

            ices for a Member, committee, or office for less than eight 
            hours a week.
     41.6d      (d) For purposes of this paragraph, the supervisor of an 
            individual shall be determined under paragraph 11 of rule 
            XXXVII.

        42                            RULE XLII

                                EMPLOYMENT PRACTICES

      42.1      1. No Member, officer, or employee of the Senate shall, 
            with respect to employment by the Senate or any office 
            thereof--
                        (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.
      42.2      2.\42\ 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.
---------------------------------------------------------------------------
                \42\Added by S. Res. 192, 102-1, Oct. 31, 1991, 
            effective July 26, 1990. ADA was subsequently amended by the 
            Government Employee Rights Act of 1991 (Title 3, Civil 
            Rights Act of 1991, Pub. L. 102-166, codified at 2 U.S.C. 
            1201 et seq.). See Senate Manual Sec. 399.60.

        43                           RULE XLIII

                            REPRESENTATION BY MEMBERS\43\
---------------------------------------------------------------------------

                \43\Rule established by S. Res. 273, 102-2, July 2, 
            1992.
---------------------------------------------------------------------------
      43.1      1. In responding to petitions for assistance, a Member 
            of the Senate, acting directly or through employees, has the 
            right to assist petitioners before executive and independent 
            government officials and agencies.
                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 reasonably

[[Page 78]]

                    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.

      43.3      3. The decision to provide assistance to petitioners may 
            not be made on the basis of contributions or services, or 
            promises of contributions or services, to the Member's 
            political campaigns or to other organizations in which the 
            Member has a political, personal, or financial interest.
      43.4      4. A Member shall make a reasonable effort to assure 
            that representations made in the Member's name by any Senate 
            employee are accurate and conform to the Member's 
            instructions and to this rule.
      43.5      5. Nothing in this rule shall be construed to limit the 
            authority of Members, and Senate employees, to perform 
            legislative, including committee, responsibilities.