[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[Standing Rules of the Senate]
[Page 1]
[From the U.S. Government Publishing Office, www.gpo.gov]
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STANDING RULES OF THE SENATE
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[The 1979 general revision of the rules was accomplished by
the adoption of S. Res. 274 on Nov. 14, 1979, a
resolution submitted by Mr. Robert C. Byrd for himself
and Mr. Baker; the preparation of the proposed revision
was pursuant to the adoption of S. Res. 156 on May 10,
1976, a resolution by Mr. Robert C. Byrd; the general
revision of the rules set forth in S. Res. 274 was
somewhat altered in form by the adoption of S. Res. 389
on Mar. 25, 1980, to consolidate and renumber certain
standing rules of the Senate.
[Changes to Senate rules since the last general revision in
1979 are indicated by footnotes in each succeeding
edition of the Senate Manual.
[For the origin of various changes in Senate procedure
between 1884 and 1979, as set forth in rules changes,
adopted resolutions, and Legislative Reorganization
Acts, see the table on p. XVI of Riddick's Senate
Procedure, 1992.]
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1 RULE I
APPOINTMENT OF A SENATOR TO THE CHAIR
1.1 1. In the absence of the Vice President, the Senate
shall choose a President pro tempore, who shall hold the
office and execute the duties thereof during the pleasure of
the Senate and until another is elected or his term of
office as a Senator expires.
1.2 2. In the absence of the Vice President, and pending the
election of a President pro tempore, the Acting President
pro tempore or the Secretary of the Senate, or in his
absence the Assistant Secretary, shall perform the duties of
the Chair.
1.3 3. The President pro tempore shall have the right to
name in open Senate or, if absent, in writing, a Senator to
perform the duties of the Chair, including the signing of
duly enrolled bills and joint resolutions but such
substitution shall not extend beyond an adjournment, except
by unanimous consent; and the Senator so named shall have
the right to name in open session, or, if absent, in
writing, a Senator to perform the duties of the Chair, but
not to
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extend beyond an adjournment, except by unanimous consent.
2 RULE II
PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE
2.1 1. The presentation of the credentials of Senators elect
or of Senators designate and other questions of privilege
shall always be in order, except during the reading and
correction of the Journal, while a question of order or a
motion to adjourn is pending, or while the Senate is voting
or ascertaining the presence of a quorum; and all questions
and motions arising or made upon the presentation of such
credentials shall be proceeded with until disposed of.
2.2 2. The Secretary shall keep a record of the certificates
of election and certificates of appointment of Senators by
entering in a well-bound book kept for that purpose the date
of the election or appointment, the name of the person
elected or appointed, the date of the certificate, the name
of the governor and the secretary of state signing and
counter-signing the same, and the State from which such
Senator is elected or appointed.
2.3 3. The Secretary of the Senate shall send copies of the
following recommended forms to the governor and secretary of
state of each State wherein an election is about to take
place or an appointment is to be made so that they may use
such forms if they see fit.
THE RECOMMENDED FORMS FOR CERTIFICATES OF ELECTION AND
CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:\1\
``CERTIFICATE OF ELECTION FOR SIX-YEAR TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of --, 20--, A--
-- B---- was duly chosen by the qualified electors of the
State of ---- a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3d day of January, 20--.
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\1\All year designations within the following
certificates were changed from 19 to 20 by S. Res. 99, 106-
2, Apr. 27, 2000.
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``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
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``By the governor:
``C---- D----,
``Governor.
``E---- F----,
``Secretary of State.''
``CERTIFICATE OF ELECTION FOR UNEXPIRED TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator for the unexpired term ending at
noon on the 3d day of January, 20--, to fill the vacancy in
the representation from said State in the Senate of the
United States caused by the -- of C---- D----.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``E---- F----,
``Governor.
``G---- H----,
``Secretary of State.''
``CERTIFICATE OF APPOINTMENT
``To the President of the Senate of the United States:
``This is to certify that, pursuant to the power vested
in me by the Constitution of the United States and the laws
of the State of ----, I, A---- B----, the governor of said
State, do hereby appoint C---- D---- a Senator from said
State to represent said State in the Senate of the United
States until the vacancy therein caused by the ---- of E----
F----, is filled by election as provided by law.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``G---- H----,
``Governor.
``I---- J----,
``Secretary of State.''
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3 RULE III
OATHS
The oaths or affirmations required by the Constitution
and prescribed by law shall be taken and subscribed by each
Senator, in open Senate, before entering upon his duties.
OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY
SENATORS
``I, A---- B---- do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to
enter: So help me God.'' (5 U.S.C. 3331.)
4 RULE IV
COMMENCEMENT OF DAILY SESSIONS
4.1a 1. (a)\2\ The Presiding Officer having taken the chair,
following the prayer by the Chaplain, and after the
Presiding Officer, or a Senator designated by the Presiding
Officer, leads the Senate from the dais in reciting the
Pledge of Allegiance to the Flag of the United States, and a
Quorum being present, the Journal of the preceding day shall
be read unless by nondebatable motion the reading shall be
waived, the question being, ``Shall the Journal stand
approved to date?'', and any mistake made in the entries
corrected. Except as provided in subparagraph (b) the
reading of the Journal shall not be suspended unless by
unanimous consent; and when any motion shall be made to
amend or correct the same, it shall be deemed a privileged
question, and proceeded with until disposed of.
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\2\As amended by S. Res. 28, 99-2, Feb. 27, 1986; S.
Res. 113, 106-1, June 23, 1999.
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4.1b (b) Whenever the Senate is proceeding under paragraph 2
of rule XXII, the reading of the Journal shall be dispensed
with and shall be considered approved to date.
4.1c (c) The proceedings of the Senate shall be briefly and
accurately stated on the Journal. Messages of the President
in full; titles of bills and resolutions, and such parts as
shall be affected by proposed amendments; every vote, and
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a brief statement of the contents of each petition,
memorial, or paper presented to the Senate, shall be
entered.
4.1d (d) The legislative, the executive, the confidential
legislative proceedings, and the proceedings when sitting as
a Court of Impeachment, shall each be recorded in a separate
book.
4.2 2. During a session of the Senate when that body is in
continuous session, the Presiding Officer shall temporarily
suspend the business of the Senate at noon each day for the
purpose of having the customary daily prayer by the
Chaplain.
5 RULE V
SUSPENSION AND AMENDMENT OF THE RULES
5.1 1. No motion to suspend, modify, or amend any rule, or
any part thereof, shall be in order, except on one day's
notice in writing, specifying precisely the rule or part
proposed to be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended without notice by
the unanimous consent of the Senate, except as otherwise
provided by the rules.
5.2 2. The rules of the Senate shall continue from one
Congress to the next Congress unless they are changed as
provided in these rules.
6 RULE VI
QUORUM--ABSENT SENATORS MAY BE SENT FOR
6.1 1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
6.2 2. No Senator shall absent himself from the service of
the Senate without leave.
6.3 3. If, at any time during the daily sessions of the
Senate, a question shall be raised by any Senator as to the
presence of a quorum, the Presiding Officer shall forthwith
direct the Secretary to call the roll and shall announce the
result, and these proceedings shall be without debate.
6.4 4. Whenever upon such roll call it shall be ascertained
that a quorum is not present, a majority of the Senators
present may direct the Sergeant at Arms to request, and,
when necessary, to compel the attendance of the absent
Senators, which order shall be determined without debate;
and pending its execution, and until a quorum shall be
present, no debate nor motion, except to adjourn, or to re
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cess pursuant to a previous order entered by unanimous
consent, shall be in order.
7 RULE VII
MORNING BUSINESS
7.1 1. On each legislative day after the Journal is read,
the Presiding Officer on demand of any Senator shall lay
before the Senate messages from the President, reports and
communications from the heads of Departments, and other
communications addressed to the Senate, and such bills,
joint resolutions, and other messages from the House of
Representatives as may remain upon his table from any
previous day's session undisposed of. The Presiding Officer
on demand of any Senator shall then call for, in the
following order:
The presentation of petitions and memorials.
Reports of committees.
The introduction of bills and joint resolutions.
The submission of other resolutions.
All of which shall be received and disposed of in such
order, unless unanimous consent shall be otherwise given,
with newly offered resolutions being called for before
resolutions coming over from a previous legislative day are
laid before the Senate.
7.2 2. Until the morning business shall have been concluded,
and so announced from the Chair, or until one hour after the
Senate convenes at the beginning of a new legislative day,
no motion to proceed to the consideration of any bill,
resolution, report of a committee, or other subject upon the
Calendar shall be entertained by the Presiding Officer,
unless by unanimous consent: Provided, however, That on
Mondays which are the beginning of a legislative day the
Calendar shall be called under rule VIII, and until two
hours after the Senate convenes no motion shall be
entertained to proceed to the consideration of any bill,
resolution, or other subject upon the Calendar except the
motion to continue the consideration of a bill, resolution,
or other subject against objection as provided in rule VIII,
or until the call of the Calendar has been completed.
7.3 3. The Presiding Officer may at any time lay, and it
shall be in order at any time for a Senator to move to lay,
before the Senate, any bill or other matter sent to the
Senate by the President or the House of Representatives for
appropriate action allowed under the rules and any question
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pending at that time shall be suspended for this purpose.
Any motion so made shall be determined without debate.
7.4 4. Petitions or memorials shall be referred, without
debate, to the appropriate committee according to subject
matter on the same basis as bills and resolutions, if signed
by the petitioner or memorialist. A question of receiving or
reference may be raised and determined without debate. But
no petition or memorial or other paper signed by citizens or
subjects of a foreign power shall be received, unless the
same be transmitted to the Senate by the President.
7.5 5. Only a brief statement of the contents of petitions
and memorials shall be printed in the Congressional Record;
and no other portion of any petition or memorial shall be
printed in the Record unless specifically so ordered by vote
of the Senate, as provided for in paragraph 4 of rule XI, in
which case the order shall be deemed to apply to the body of
the petition or memorial only; and names attached to the
petition or memorial shall not be printed unless specially
ordered, except that petitions and memorials from the
legislatures or conventions, lawfully called, of the
respective States, Territories, and insular possessions
shall be printed in full in the Record whenever presented.
7.6 6. Senators having petitions, memorials, bills, or
resolutions to present after the morning hour may deliver
them in the absence of objection to the Presiding Officer's
desk, endorsing upon them their names, and with the approval
of the Presiding Officer, they shall be entered on the
Journal with the names of the Senators presenting them and
in the absence of objection shall be considered as having
been read twice and referred to the appropriate committees,
and a transcript of such entries shall be furnished to the
official reporter of debates for publication in the
Congressional Record, under the direction of the Secretary
of the Senate.
8 RULE VIII
ORDER OF BUSINESS
8.1 1. At the conclusion of the morning business at the
beginning of a new legislative day, unless upon motion the
Senate shall at any time otherwise order, the Senate shall
proceed to the consideration of the Calendar of Bills and
Resolutions, and shall continue such consideration until 2
hours after the Senate convenes on such day (the end of the
morning hour); and bills and resolutions that are not ob
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jected to shall be taken up in their order, and each Senator
shall be entitled to speak once and for five minutes only
upon any question; and an objection may be interposed at any
stage of the proceedings, but upon motion the Senate may
continue such consideration; and this order shall commence
immediately after the call for ``other resolutions'', or
after disposition of resolutions coming ``over under the
rule'', and shall take precedence of the unfinished business
and other special orders. But if the Senate shall proceed on
motion with the consideration of any matter notwithstanding
an objection, the foregoing provisions touching debate shall
not apply.
8.2 2. All motions made during the first two hours of a new
legislative day to proceed to the consideration of any
matter shall be determined without debate, except motions to
proceed to the consideration of any motion, resolution, or
proposal to change any of the Standing Rules of the Senate
shall be debatable. Motions made after the first two hours
of a new legislative day to proceed to the consideration of
bills and resolutions are debatable.
9 RULE IX
MESSAGES
9.1 1. Messages from the President of the United States or
from the House of Representatives may be received at any
stage of proceedings, except while the Senate is voting or
ascertaining the presence of a quorum, or while the Journal
is being read, or while a question of order or a motion to
adjourn is pending.
9.2 2. Messages shall be sent to the House of
Representatives by the Secretary, who shall previously
certify the determination of the Senate upon all bills,
joint resolutions, and other resolutions which may be
communicated to the House, or in which its concurrence may
be requested; and the Secretary shall also certify and
deliver to the President of the United States all
resolutions and other communications which may be directed
to him by the Senate.
10 RULE X
SPECIAL ORDERS
10.1 1. Any subject may, by a vote of two-thirds of the
Senators present, be made a special order of business for
consideration and when the time so fixed for its
consideration
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arrives the Presiding Officer shall lay it before the
Senate, unless there be unfinished business in which case it
takes its place on the Calendar of Special Orders in the
order of time at which it was made special, to be considered
in that order when there is no unfinished business.
10.2 2. All motions to change such order, or to proceed to
the consideration of other business, shall be decided
without debate.
11 RULE XI
PAPERS--WITHDRAWAL, PRINTING, READING OF, AND REFERENCE
11.1 1. No memorial or other paper presented to the Senate,
except original treaties finally acted upon, shall be
withdrawn from its files except by order of the Senate.
11.2 2. The Secretary of the Senate shall obtain at the close
of each Congress all the noncurrent records of the Senate
and of each Senate committee and transfer them to the
General Services Administration for preservation, subject to
the orders of the Senate.
11.3 3. When the reading of a paper is called for, and
objected to, it shall be determined by a vote of the Senate,
without debate.
11.4 4. Every motion or resolution to print documents,
reports, and other matter transmitted by the executive
departments, or to print memorials, petitions, accompanying
documents, or any other paper, except bills of the Senate or
House of Representatives, resolutions submitted by a
Senator, communications from the legislatures or
conventions, lawfully called, of the respective States,
shall, unless the Senate otherwise order, be referred to the
Committee on Rules and Administration. When a motion is made
to commit with instructions, it shall be in order to add
thereto a motion to print.
11.5 5. Motions or resolutions to print additional numbers
shall also be referred to the Committee on Rules and
Administration; and when the committee shall report
favorably, the report shall be accompanied by an estimate of
the probable cost thereof; and when the cost of printing
such additional numbers shall exceed the sum established by
law, the concurrence of the House of Representatives shall
be necessary for an order to print the same.
11.6 6. Every bill and joint resolution introduced or
reported from a committee, and all bills and joint
resolutions re
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ceived from the House of Representatives, and all reports of
committees, shall be printed, unless, for the dispatch of
the business of the Senate, such printing may be dispensed
with.
12 RULE XII
VOTING PROCEDURE
12.1 1. When the yeas and nays are ordered, the names of
Senators shall be called alphabetically; and each Senator
shall, without debate, declare his assent or dissent to the
question, unless excused by the Senate; and no Senator shall
be permitted to vote after the decision shall have been
announced by the Presiding Officer, but may for sufficient
reasons, with unanimous consent, change or withdraw his
vote. No motion to suspend this rule shall be in order, nor
shall the Presiding Officer entertain any request to suspend
it by unanimous consent.
12.2 2. When a Senator declines to vote on call of his name,
he shall be required to assign his reasons therefor, and
having assigned them, the Presiding Officer shall submit the
question to the Senate: ``Shall the Senator for the reasons
assigned by him, be excused from voting?'' which shall be
decided without debate; and these proceedings shall be had
after the rollcall and before the result is announced; and
any further proceedings in reference thereto shall be after
such announcement.
12.3 3. A Member, notwithstanding any other provisions of
this rule, may decline to vote, in committee or on the
floor, on any matter when he believes that his voting on
such a matter would be a conflict of interest.
12.4 4. No request by a Senator for unanimous consent for the
taking of a final vote on a specified date upon the passage
of a bill or joint resolution shall be submitted to the
Senate for agreement thereto until after a quorum call
ordered for the purpose by the Presiding Officer, it shall
be disclosed that a quorum of the Senate is present; and
when a unanimous consent is thus given the same shall
operate as the order of the Senate, but any unanimous
consent may be revoked by another unanimous consent granted
in the manner prescribed above upon one day's notice.
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13 RULE XIII
RECONSIDERATION
13.1 1. When a question has been decided by the Senate, any
Senator voting with the prevailing side or who has not voted
may, on the same day or on either of the next two days of
actual session thereafter, move a reconsideration; and if
the Senate shall refuse to reconsider such a motion entered,
or if such a motion is withdrawn by leave of the Senate, or
if upon reconsideration the Senate shall affirm its first
decision, no further motion to reconsider shall be in order
unless by unanimous consent. Every motion to reconsider
shall be decided by a majority vote, and may be laid on the
table without affecting the question in reference to which
the same is made, which shall be a final disposition of the
motion.
13.2 2. When a bill, resolution, report, amendment, order, or
message, upon which a vote has been taken, shall have gone
out of the possession of the Senate and been communicated to
the House of Representatives, the motion to reconsider shall
be accompanied by a motion to request the House to return
the same; which last motion shall be acted upon immediately,
and without debate, and if determined in the negative shall
be a final disposition of the motion to reconsider.
14 RULE XIV
BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO
14.1 1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
14.2 2. Every bill and joint resolution shall receive three
readings previous to its passage which readings on demand of
any Senator shall be on three different legislative days,
and the Presiding Officer shall give notice at each reading
whether it be the first, second, or third: Provided, That
each reading may be by title only, unless the Senate in any
case shall otherwise order.
14.3 3. No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee; bills and joint resolutions
introduced on leave, and bills and joint resolutions from
the House of Representatives, shall be read once, and
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may be read twice, if not objected to, on the same day for
reference, but shall not be considered on that day nor
debated, except for reference, unless by unanimous consent.
14.4 4. Every bill and joint resolution reported from a
committee, not having previously been read, shall be read
once, and twice, if not objected to, on the same day, and
placed on the Calendar in the order in which the same may be
reported; and every bill and joint resolution introduced on
leave, and every bill and joint resolution of the House of
Representatives which shall have received a first and second
reading without being referred to a committee, shall, if
objection be made to further proceeding thereon, be placed
on the Calendar.
14.5 5. All bills, amendments, and joint resolutions shall be
examined under the supervision of the Secretary of the
Senate before they go out of the possession of the Senate,
and all bills and joint resolutions which shall have passed
both Houses shall be examined under the supervision of the
Secretary of the Senate, to see that the same are correctly
enrolled, and, when signed by the Speaker of the House and
the President of the Senate, the Secretary of the Senate
shall forthwith present the same, when they shall have
originated in the Senate, to the President of the United
States and report the fact and date of such presentation to
the Senate.
14.6 6. All other resolutions shall lie over one day for
consideration, if not referred, unless by unanimous consent
the Senate shall otherwise direct. When objection is heard
to the immediate consideration of a resolution or motion
when it is submitted, it shall be placed on the Calendar
under the heading of ``Resolutions and Motions over, under
the Rule,'' to be laid before the Senate on the next
legislative day when there is no further morning business
but before the close of morning business and before the
termination of the morning hour.
14.7 7. When a bill or joint resolution shall have been
ordered to be read a third time, it shall not be in order to
propose amendments, unless by unanimous consent, but it
shall be in order at any time before the passage of any bill
or resolution to move its commitment; and when the bill or
resolution shall again be reported from the committee it
shall be placed on the Calendar.
14.8 8. When a bill or resolution is accompanied by a
preamble, the question shall first be put on the bill or
resolu
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tion and then on the preamble, which may be withdrawn by a
mover before an amendment of the same, or ordering of the
yeas and nays; or it may be laid on the table without
prejudice to the bill or resolution, and shall be a final
disposition of such preamble.
14.9 9. Whenever a private bill, except a bill for a pension,
is under consideration, it shall be in order to move the
adoption of a resolution to refer the bill to the Chief
Commissioner of the Court of Claims for a report in
conformity with section 2509 of Title 28, United States
Code.
14.10 10. No private bill or resolution (including so-called
omnibus claims or pension bills), and no amendment to any
bill or resolution, authorizing or directing (1) the payment
of money for property damages, personal injuries, or death,
for which a claim may be filed under chapter 171 of Title
28, United States Code, or for a pension (other than to
carry out a provision of law or treaty stipulation); (2) the
construction of a bridge across a navigable stream; or (3)
the correction of a military or naval record, shall be
received or considered.
15 RULE XV
AMENDMENTS AND MOTIONS
15.1a 1. (a)\3\ An amendment and any instruction accompanying
a motion to recommit shall be reduced to writing and read
and identical copies shall be provided by the Senator
offering the amendment or instruction to the desks of the
Majority Leader and the Minority Leader before being
debated.
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\3\Pursuant to Pub. L. 110-81, Sep. 14, 2007, paragraph
1 was amended.
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15.1b (b) A motion shall be reduced to writing, if desired by
the Presiding Officer or by any Senator, and shall be read
before being 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
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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.
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.
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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
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
[[Page 16]]
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.
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
[[Page 17]]
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
consideration by the committees, or any of them, to which
proposed legislation is referred and the discharge of such
committees, or any of them, from further consideration of
such proposed legislation.
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.\4\ Any measure or matter reported by any standing
committee shall not be considered in the Senate unless the
report of that committee upon that measure or matter has
been available to Members for at least two calendar days
(excluding Sundays and legal holidays) prior to the
consideration of that measure or matter. If hearings have
been held on any such measure or matter so reported, the
committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and
available for distribution to the Members of the Senate
prior to the consideration of such measure or matter in the
Senate. This paragraph--
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\4\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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(1) may be waived by joint agreement of the
majority leader and the minority leader of the
Senate; and
(2) shall not apply to--
(A) any measure for the declaration of
war, or the declaration of a national
emergency, by the Congress, and
(B) any executive decision,
determination, or action which would become,
or continue to be, effec
[[Page 18]]
tive unless disapproved or otherwise
invalidated by one or both Houses of
Congress.
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
[[Page 19]]
when a Senator shall be called to order he shall take his
seat, and may not proceed without leave of the Senate,
which, if granted, shall be upon motion that he be allowed
to proceed in order, which motion shall be determined
without debate. Any Senator directed by the Presiding
Officer to take his seat, and any Senator requesting the
Presiding Officer to require a Senator to take his seat, may
appeal from the ruling of the Chair, which appeal shall be
open to debate.
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.
[[Page 20]]
20.2 2. The Presiding Officer may submit any question of
order for the decision of the Senate.
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.\5\ 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,
[[Page 21]]
and one hour after the Senate meets on the following
calendar day but one, he shall lay the motion before the
Senate and direct that the clerk call the roll, and upon the
ascertainment that a quorum is present, the Presiding
Officer shall, without debate, submit to the Senate by a
yea-and-nay vote the question:
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\5\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,
[[Page 22]]
decided without debate, by a three-fifths affirmative vote
of the Senators duly chosen and sworn, and any such time
thus agreed upon shall be equally divided between and
controlled by the Majority and Minority Leaders or their
designees. However, only one motion to extend time,
specified above, may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted
after cloture has been invoked, amendments which were in
order prior to the reprinting of the measure or matter will
continue to be in order and may be conformed and reprinted
at the request of the amendment's sponsor. The conforming
changes must be limited to lineation and pagination.
No Senator shall call up more than two amendments until
every other Senator shall have had the opportunity to do
likewise.
Notwithstanding other provisions of this rule, a Senator
may yield all or part of his one hour to the majority or
minority floor managers of the measure, motion, or matter or
to the Majority or Minority Leader, but each Senator
specified shall not have more than two hours so yielded to
him and may in turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any
Senator who has not used or yielded at least ten minutes,
is, if he seeks recognition, guaranteed up to ten minutes,
inclusive, to speak only.
After cloture is invoked, the reading of any amendment,
including House amendments, shall be dispensed with when the
proposed amendment has been identified and has been
available in printed form at the desk of the Members for not
less than twenty-four hours.
23 RULE XXIII
PRIVILEGE OF THE FLOOR
23.1 1.\6\Other than the Vice President and Senators, no
person shall be admitted to the floor of the Senate while in
session, except as follows:
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\6\Paragraph numbered pursuant to Pub. L. 110-81, Sep.
14, 2007.
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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.
[[Page 23]]
Judges of the Supreme Court.
Ex-Senators and Senators elect, except as
provided in paragraph 2.\7\
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\7\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
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The officers and employees of the Senate in the
discharge of their official duties.
Ex-Secretaries and ex-Sergeants at Arms of the
Senate, except as provided in paragraph 2.\8\
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\8\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
Members of the House of Representatives and
Members elect.
Ex-Speakers of the House of Representatives,
except as provided in paragraph 2.\9\
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\9\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
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.
[[Page 24]]
23.2a 2. (a)\10\ The floor privilege provided in paragraph 1
shall not apply, when the Senate is in session, to an
individual covered by this paragraph who is--
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\10\Paragraphs 2 and 3 added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(1) a registered lobbyist or agent of a foreign
principal; or
(2) in the employ of or represents any party or
organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any Federal legislative proposal.
23.2b (b) The Committee on Rules and Administration may
promulgate regulations to allow individuals covered by this
paragraph floor privileges for ceremonial functions and
events designated by the Majority Leader and the Minority
Leader.
23.3 3. A former Member of the Senate may not exercise
privileges to use Senate athletic facilities or Member-only
parking spaces if such Member is--
23.3a
(a) a registered lobbyist or agent of a foreign
principal; or
23.3b
(b) in the employ of or represents any party or
organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any Federal legislative proposal.
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.
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.
[[Page 25]]
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.
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 coun
[[Page 26]]
tries, 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.
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.
[[Page 27]]
(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)\11\ 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.
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\11\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Committee on Budget's jurisdiction was amended although the
Standing Rules were not modified. (See appendix for Titles
I, III and V of S. Res. 445, 108-2).
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(2) Such committee shall have the duty--
(A) to report the matters required to be
reported by it under titles III and IV of the
Congressional Budget Act of 1974;
[[Page 28]]
(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.
18. Transportation.
19. Transportation and commerce aspects of Outer
Continental Shelf lands.
[[Page 29]]
(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.
3. Environmental aspects of Outer Continental
Shelf lands.
4. Environmental effects of toxic substances,
other than pesticides.
[[Page 30]]
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.
11. Transportation of dutiable goods.
25.1j (j)(1) Committee on Foreign Relations, to which
committee shall be referred all proposed legislation,
messages,
[[Page 31]]
petitions, memorials, and other matters relating to the
following subjects:
1. Acquisition of land and buildings for
embassies and legations in foreign countries.
2. Boundaries of the United States.
3. Diplomatic service.
4. Foreign economic, military, technical, and
humanitarian assistance.
5. Foreign loans.
6. International activities of the American
National Red Cross and the International Committee
of the Red Cross.
7. International aspects of nuclear energy,
including nuclear transfer policy.
8. International conferences and congresses.
9. International law as it relates to foreign
policy.
10. International Monetary Fund and other
international organizations established primarily
for international monetary purposes (except that, at
the request of the Committee on Banking, Housing,
and Urban Affairs, any proposed legislation relating
to such subjects reported by the Committee on
Foreign Relations shall be referred to the Committee
on Banking, Housing, and Urban Affairs).
11. Intervention abroad and declarations of war.
12. Measures to foster commercial intercourse
with foreign nations and to safeguard American
business interests abroad.
13. National security and international aspects
of trusteeships of the United States.
14. Oceans and international environmental and
scientific affairs as they relate to foreign policy.
15. Protection of United States citizens abroad
and expatriation.
16. Relations of the United States with foreign
nations generally.
17. Treaties and executive agreements, except
reciprocal trade agreements.
18. United Nations and its affiliated
organizations.
19. World Bank group, the regional development
banks, and other international organizations
established primarily for development assistance
purposes.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the national
security policy, foreign policy, and international economic
policy
[[Page 32]]
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)\12\ Committee on Governmental Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\12\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Committee on Homeland Security and Governmental Affairs
shall be treated as the Committee on Governmental Affairs
listed under paragraph 2 of rule XXV of the Standing Rules
of the Senate for purposes of the Standing Rules of the
Senate. The resolution also amended the jurisdiction of the
Committee although the Standing Rules were not modified.
(See appendix for Titles I, III and V of S. Res. 445, 108-
2).
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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;
[[Page 33]]
(C) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(D) studying the intergovernmental relationships
between the United States and the States and
municipalities, and between the United States and
international organizations of which the United
States is a member.
25.1l (l)(1)\13\ Committee on Health, Education, Labor, and
Pensions, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
---------------------------------------------------------------------------
\13\Name changed pursuant to S. Res. 28, 106-1, Jan. 21,
1999; redesignated as subparagraph (l) by S. Res. 299, 106-
2, Apr. 27, 2000.
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1. Measures relating to education, labor,
health, and public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by
convicts into interstate commerce.
8. Domestic activities of the American National
Red Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and
Saint Elizabeths Hospital.
11. Individuals with disabilities.\14\
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\14\As amended, S. Res. 28, 106-1, Jan. 21, 1999.
---------------------------------------------------------------------------
12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including
the welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health, education
and training, and public welfare, and report thereon from
time to time.
[[Page 34]]
25.1m (m)\15\ Committee on the Judiciary, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
---------------------------------------------------------------------------
\15\Redesignated as subparagraph (m) by S. Res. 299,
106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
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.
25.1n (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.
[[Page 35]]
6. Government Printing Office, and the printing
and correction of the Congressional Record, as well
as those matters provided for under rule XI.
7. Meetings of the Congress and attendance of
Members.
8. Payment of money out of the contingent fund
of the Senate or creating a charge upon the same
(except that any resolution relating to substantive
matter within the jurisdiction of any other standing
committee of the Senate shall be first referred to
such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and
erection of monuments to the memory of individuals.
11. Senate Library and statuary, art, and
pictures in the Capitol and Senate Office Buildings.
12. Services to the Senate, including the Senate
restaurant.
13. United States Capitol and congressional
office buildings, the Library of Congress, the
Smithsonian Institution (and the incorporation of
similar institutions), and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization
and operation of the Congress of the United States
and shall recommend improvements in such
organization and operation with a view toward
strengthening the Congress, simplifying its
operations, improving its relationships with other
branches of the United States Government, and
enabling it better to meet its responsibilities
under the Constitution of the United States;
(B) identify any court proceeding or action
which, in the opinion of the Committee, is of vital
interest to the Congress as a constitutionally
established institution of the Federal Government
and call such proceeding or action to the attention
of the Senate; and
(C)\16\ develop, implement, and update as
necessary a strategy planning process and a
strategic plan for the functional and technical
infrastructure support of the Senate and provide
oversight over plans developed
[[Page 36]]
by Senate officers and others in accordance with the
strategic planning process.
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\16\As added, S. Res. 151, 105-1, Nov. 9, 1997.
25.1o (o)(1)\17\ Committee on Small Business and
Entrepreneurship, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the Small Business Administration.
---------------------------------------------------------------------------
\17\As added, S. Res. 101, 97-1, Mar. 25, 1981; name
changed pursuant to S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
(2) Any proposed legislation reported by such committee
which relates to matters other than the functions of the
Small Business Administration shall, at the request of the
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 and
Entrepreneurship for its consideration of any portions of
the measure dealing with the Small Business Administration,
and be reported by this committee prior to its consideration
by the Senate.
(3) Such committee shall also study and survey by means
of research and investigation all problems of American small
business enterprises, and report thereon from time to time.
25.1p (p)\18\ Committee on Veterans' Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\18\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.
[[Page 37]]
9. Vocational rehabilitation and education of
veterans.
25.2 2.\19\ 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:
---------------------------------------------------------------------------
\19\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
365, 97-2, Apr. 20, 1982; S. Res. 380, 97-2, Apr. 27, 1982;
S. Res. 6, 98-1, Jan. 3, 1983; S. Res. 20, 98-1, Jan. 27,
1983; S. Res. 53, 98-1, Feb. 3, 1983; S. Res. 338, 98-2,
Feb. 9, 1984; S. Res. 74, 99-1, Feb. 21, 1985; S. Res. 14,
100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12, 1987; S.
Res. 43, 101-1, Feb. 2, 1989; S. Res. 43, 102-1, Feb. 5,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 4, 103-1,
Jan. 7, 1993; S. Res. 130, 103-1, July 1, 1993; S. Res. 132,
103-1, July 15, 1993; S. Res. 14, 104-1, Jan. 5, 1995; S.
Res. 92, 104-1, Mar. 24, 1995; S. Res. 9, 105-1, Jan. 9,
1997; HELP/Judiciary reversed pursuant to S. Res. 299, 106-
2, Apr. 27, 2000; S. Res. 354, 106-2, Sept. 12, 2000.
---------------------------------------------------------------------------
Committee:
Members
Agriculture, Nutrition, and Forestry.......... 20
Appropriations................................ 28
Armed Services................................ 18
Banking, Housing, and Urban Affairs........... 22
Commerce, Science, and Transportation......... 20
Energy and Natural Resources.................. 20
Environment and Public Works.................. 18
Finance....................................... 20
Foreign Relations............................. 18
Health, Education, Labor, and Pensions........ 18
Homeland Security and Governmental Affairs.... 16
Judiciary..................................... 18
25.3a 3. (a)\20\ 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:
---------------------------------------------------------------------------
\20\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
101, 97-1, Mar. 25, 1981; S. Res. 6, 98-1, Jan 3, 1983; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 211, 100-1, May 12, 1987; S. Res. 43, 101-1,
Feb. 2, 1989; S. Res. 85, 102-1, Mar. 19, 1991; S. Res. 135,
102-1, June 4, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S.
Res. 130, 103-1, July 1, 1993; S. Res. 34, 104-1, Jan. 6,
1995; S. Res. 9, 105-1, Jan. 9, 1997; S. Res. 354, 106-2,
Sept. 12, 2000; S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
Committee:
Members
Budget........................................ 22
Rules and Administration...................... 16
Veterans' Affairs............................. 14
Small Business and Entrepreneurship........... 18
25.3b (b)\21\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate
[[Page 38]]
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:
---------------------------------------------------------------------------
\21\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
24, 97-1, Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25, 1981;
S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 85, 102-1, Mar. 19,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18, 103-1,
Jan. 21, 1993; S. Res. 34, 104-1, Jan. 6, 1995; S. Res. 9,
105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:\22\
Members
Aging......................................... 18
Intelligence.................................. 19
Joint Economic Committee...................... 10
---------------------------------------------------------------------------
\22\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Select Committee on Intelligence shall be treated as a
committee listed under paragraph 2 of rule XXV of the
Standing Rules of the Senate for purposes of the Standing
Rules of the Senate. However, the resolution did not modify
the Standing Rules of the Senate. (See appendix for Titles
I, III and V of S. Res. 445, 108-2.)
---------------------------------------------------------------------------
25.3c (c)\23\ 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:
---------------------------------------------------------------------------
\23\As amended, S. Res. 448, 96-2, Dec. 11, 1980; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 100, 101-1, Apr. 11, 1989; S. Res. 44, 102-1,
Feb. 5, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S. Res. 34,
104-1, Jan. 6, 1995; S. Res. 92, 104-1, Mar. 24, 1995; S.
Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Ethics........................................ 6
Indian Affairs................................ 14
Joint Committee on Taxation................... 5
25.4a 4. (a) Except as otherwise provided by this paragraph--
(1) each Senator shall serve on two and no more
committees listed in paragraph 2; and
(2) each Senator may serve on only one committee
listed in paragraph 3 (a) or (b).
25.4b (b)(1) Each Senator may serve on not more than three
subcommittees of each committee (other than the Committee on
Appropriations) listed in paragraph 2 of which he is a
member.
(2) Each Senator may serve on not more than two
subcommittees of a committee listed in paragraph 3 (a) or
(b) of which he is a member.
(3) Notwithstanding subparagraphs (1) and (2), a Senator
serving as chairman or ranking minority member of a
standing, select, or special committee of the Senate or
joint committee of the Congress may serve ex officio,
without vote, as a member of any subcommittee of such
committee or joint committee.
(4) No committee of the Senate may establish any sub-
unit of that committee other than a subcommittee, unless the
Senate by resolution has given permission therefor. For
[[Page 39]]
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 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 com
[[Page 40]]
mittee, 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.\24\
---------------------------------------------------------------------------
\24\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 committee listed in
paragraph 3 (a) or (b) other than the Committee on Rules and
Administration. The preceding provisions of this
subparagraph shall apply with respect to any Senator only so
long as his service as a member of the Committee on
Governmental Affairs is continuous after the date on which
the appointment of the majority and minority members of the
Committee on Governmental Affairs is initially
completed.\25\
---------------------------------------------------------------------------
\25\As amended, S. Res. 12, 97-1, Jan. 5, 1981; Subpara.
(h), omitted here, pertains to committee service of Senators
during the 103rd Congress. Provisions for the 104th Congress
were established by S. Res. 13 and 17, Jan. 4, 1995, and S.
Res. 27 and 29, Jan. 5, 1995. In subsequent Congresses,
committee assignments made notwithstanding Rule XXV.
---------------------------------------------------------------------------
25.4h * * * * * * *
[[Page 41]]
26 RULE XXVI
COMMITTEE PROCEDURE
26.1 1.\26\ 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 subpoena 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.\27\ The expenses of the committee
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman.
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\26\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
\27\Pursuant to 2 U.S.C. 68c (See Senate Manual Sec.
436), the Committee on Rules and Administration issues
``Regulations Governing Rates Payable to Commercial
Reporting Firms for Reporting Committee Hearings in the
Senate.'' Copies of the regulations currently in effect may
be obtained from the Committee.
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26.2 2.\28\ Each committee\29\ shall adopt rules (not
inconsistent with the Rules of the Senate) governing the
procedure of such committee. The rules of each committee
shall be published in the Congressional Record not later
than March 1 of the first year of each Congress, except that
if any such committee is established on or after February 1
of a year, the rules of that committee during the year of
establishment shall be published in the Congressional Record
not later than sixty days after such establishment. Any
amendment to the rules of a committee shall not take effect
until the amendment is published in the Congressional
Record.
---------------------------------------------------------------------------
\28\As amended, S. Res. 250, 101-2, Mar. 1, 1990.
\29\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
[[Page 42]]
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 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
[[Page 43]]
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
meetings by a committee or a subcommittee thereof on the
same subject for a period of no more than fourteen calendar
days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether
the matters enumerated in clauses (1) through (6) would
require the meeting to be closed, followed immediately by a
record vote in open session by a majority of the members of
the committee or subcommittee when it is determined that the
matters to be discussed or the testimony to be taken at such
meeting or meetings--
(1) will disclose matters necessary to be kept
secret in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
[[Page 44]]
(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 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.
[[Page 45]]
26.5e (e)(1)\30\ 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.
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\30\Subparagraph (e)(1) numbered pursuant to Pub. L.
110-81, Sep. 14, 2007.
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(2)(A)\31\ Except with respect to meetings closed in
accordance with this rule, each committee and subcommittee
shall make publicly available through the Internet a video
recording, audio recording, or transcript of any meeting not
later than 21 business days after the meeting occurs.
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\31\ Clause (2) added pursuant to Pub. L. 110-81, Sep.
14, 2007, and takes effect Dec. 13, 2007.
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(B) Information required by subclause (A) shall be
available until the end of the Congress following the date
of the meeting.
(C) The Committee on Rules and Administration may waive
this clause upon request based on the inability of a
committee or subcommittee to comply with this clause due to
technical or logistical reasons.
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
[[Page 46]]
forbid the casting of votes for that purpose by proxy;
however, proxies may not be voted when the absent committee
member has not been informed of the matter on which he is
being recorded and has not affirmatively requested that he
be so recorded. Action by any committee in reporting any
measure or matter in accordance with the requirements of
this subparagraph shall constitute the ratification by the
committee of all action theretofore taken by the committee
with respect to that measure or matter, including votes
taken upon the measure or matter or any amendment thereto,
and no point of order shall lie with respect to that measure
or matter on the ground that such previous action with
respect thereto by such committee was not taken in
compliance with such requirements.
26.7b (b) Each committee (except the Committee on
Appropriations) shall keep a complete record of all
committee action. Such record shall include a record of the
votes on any question on which a record vote is demanded.
The results of rollcall votes taken in any meeting of any
committee upon any measure, or any amendment thereto, shall
be announced in the committee report on that measure unless
previously announced by the committee, and such announcement
shall include a tabulation of the votes cast in favor of and
the votes cast in opposition to each such measure and
amendment by each member of the committee who was present at
that meeting.
26.7c (c) Whenever any committee by rollcall vote reports any
measure or matter, the report of the committee upon such
measure or matter shall include a tabulation of the votes
cast by each member of the committee in favor of and in
opposition to such measure or matter. Nothing contained in
this subparagraph shall abrogate the power of any committee
to adopt rules--
(1) providing for proxy voting on all matters
other than the reporting of a measure or matter, or
(2) providing in accordance with subparagraph
(a) for a lesser number as a quorum for any action
other than the reporting of a measure or matter.
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
[[Page 47]]
or appropriate, each standing committee (except the
Committees on Appropriations and the Budget), shall
review and study, on a continuing basis the
application, administration, and execution of those
laws, or parts of laws, the subject matter of which
is within the legislative jurisdiction of that
committee. Such committees may carry out the
required analysis, appraisal, and evaluation
themselves, or by contract, or may require a
government agency to do so and furnish a report
thereon to the Senate. Such committees may rely on
such techniques as pilot testing, analysis of costs
in comparison with benefits, or provision for
evaluation after a defined period of time.
26.8b (b) In each odd-numbered year, each such committee shall
submit, not later than March 31, to the Senate, a report on
the activities of that committee under this paragraph during
the Congress ending at noon on January 3 of such year.
26.9a 9.\32\ (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
[[Page 48]]
authorization is sought and the reason why such
authorization could not have been sought at the time of the
submission by such committee of its annual authorization
resolution for that year.
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\32\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
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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
[[Page 49]]
with respect to that measure or matter. The report of the
committee upon that measure or matter shall be printed in a
single volume which--
(1) shall include all supplemental, minority, or
additional views which have been submitted by the
time of the filing of the report, and
(2) shall bear upon its cover a recital that
supplemental, minority, or additional views are
included as part of the report.
This subparagraph does not preclude--
(A) the immediate filing and printing of a
committee report unless timely request for the
opportunity to file supplemental, minority, or
additional views has been made as provided by this
subparagraph; or
(B) the filing by any such committee of any
supplemental report upon any measure or matter which
may be required for the correction of any technical
error in a previous report made by that committee
upon that measure or matter.
26.11a 11. (a) The report accompanying each bill or joint
resolution of a public character reported by any committee
(except the Committee on Appropriations and the Committee on
the Budget) shall contain--
(1) an estimate, made by such committee, of the
costs which would be incurred in carrying out such
bill or joint resolution in the fiscal year in which
it is reported and in each of the five fiscal years
following such fiscal year (or for the authorized
duration of any program authorized by such bill or
joint resolution, if less than five years), except
that, in the case of measures affecting the
revenues, such reports shall require only an
estimate of the gain or loss in revenues for a one-
year period; and
(2) a comparison of the estimate of costs
described in subparagraph (1) made by such committee
with any estimate of costs made by any Federal
agency; or
(3) in lieu of such estimate or comparison, or
both, a statement of the reasons why compliance by
the committee with the requirements of subparagraph
(1) or (2), or both, is impracticable.
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Note.--Each report accompanying any bill or joint
resolution relating to terms and conditions of employment or
access to public services or accommodations reported by a
committee of the House of Representatives or the Senate
shall describe the manner in which the provisions of the
bill or joint resolution apply to the legislative branch; or
in the case of a provision not applicable to the legislative
branch, include a statement of the reasons the provision
does not apply.
(Pub. L. 104-1, Title I, Sec. 102, Jan. 23, 1995, 109 Stat.
5.) See Senate Manual Sec. 733.
[[Page 50]]
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
[[Page 51]]
and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in
the form recommended by the committee. This paragraph shall
not apply to any such report in which it is stated that, in
the opinion of the committee, it is necessary to dispense
with the requirements of this subsection to expedite the
business of the Senate.
26.13a 13. (a) Each committee (except the Committee on
Appropriations) which has legislative jurisdiction shall, in
its consideration of all bills and joint resolutions of a
public character within its jurisdiction, endeavor to insure
that--
(1) all continuing programs of the Federal
Government and of the government of the District of
Columbia, within the jurisdiction of such committee
or joint committee, are designed; and
(2) all continuing activities of Federal
agencies, within the jurisdiction of such committee
or joint committee, are carried on; so that, to the
extent consistent with the nature, requirements, and
objectives of those programs and activities,
appropriations therefor will be made annually.
26.13b (b) Each committee (except the Committee on
Appropriations) shall with respect to any continuing program
within its jurisdiction for which appropriations are not
made annually, review such program, from time to time, in
order to ascertain whether such program could be modified so
that appropriations therefor would be made annually.
27 RULE XXVII
COMMITTEE STAFF
27.1 1.\33\ Staff members appointed to assist minority
members of committees pursuant to authority of a resolution
described in paragraph 9 of rule XXVI or other Senate
resolution shall be accorded equitable treatment with
respect to the fixing of salary rates, the assignment of
facilities, and the accessibility of committee records.
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\33\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
Note.--Pursuant to S. Res. 281, paragraph 1 of rule
XXVII was repealed. Accordingly, subparagraphs (a), (b),
(c), and (d) of paragraph 2 were renumbered as paragraphs 1,
2, 3, and 4, respectively.
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27.2 2. The minority shall receive fair consideration in the
appointment of staff personnel pursuant to authority of a
resolution described in paragraph 9 of rule XXVI.
[[Page 52]]
27.3 3. The staffs of committees (including personnel
appointed pursuant to authority of a resolution described in
paragraph 9 of rule XXVI or other Senate resolution) should
reflect the relative number of majority and minority members
of committees. A majority of the minority members of any
committee may, by resolution, request that at least one-
third of all funds of the committee for personnel (other
than those funds determined by the chairman and ranking
minority member to be allocated for the administrative and
clerical functions of the committee as a whole) be allocated
to the minority members of such committee for compensation
of minority staff as the minority members may decide. The
committee shall thereafter adjust its budget to comply with
such resolution. Such adjustment shall be equitably made
over a four-year period, commencing July 1, 1977, with not
less than one-half being made in two years. Upon request by
a majority of the minority members of any committee by
resolution, proportionate space, equipment, and facilities
shall be provided for such minority staff.
27.4 4. No committee shall appoint to its staff any experts
or other personnel detailed or assigned from any department
or agency of the Government, except with the written
permission of the Committee on Rules and Administration.
28 RULE XXVIII
CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS
28.1 1.\34\ The presentation of reports of committees of
conference shall always be in order when available on each
Senator's desk except when the Journal is being read or a
question of order or a motion to adjourn is pending, or
while the Senate is voting or ascertaining the presence of a
quorum; and when received the question of proceeding to the
consideration of the report, if raised, shall be immediately
put, and shall be determined without debate.
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\34\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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28.2a 2. (a)\35\ 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.
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\35\Paragraphs 2 and 3 amended pursuant to Pub. L. 110-
81, Sep. 14, 2007, and paragraphs 4-5 were added.
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28.2b (b) 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
[[Page 53]]
is rejected or shall be recommitted to the committee of
conference if the House of Representatives has not already
acted thereon.
28.2c (c) If new matter is inserted in the report, a point of
order may be made against the conference report and it shall
be disposed of as provided under paragraph 4.
28.3a 3. (a) In any case in which a disagreement to an
amendment in the nature of a substitute has been referred to
conferees--
(1) it shall be in order for the conferees to
report a substitute on the same subject matter;
(2) the conferees may not include in the report
matter not committed to them by either House; and
(3) the conferees may include in their report in
any such case matter which is a germane modification
of subjects in disagreement.
28.3b (b) In any case in which the conferees violate
subparagraph (a), a point of order may be made against the
conference report and it shall be disposed of as provided
under paragraph 4.
28.4a 4. (a) A Senator may raise a point of order that one or
more provisions of a conference report violates paragraph 2
or paragraph 3, as the case may be. The Presiding Officer
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of
order.
28.4b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) the Senate shall proceed to consider the
question of whether the Senate should recede from
its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference
report that has not been stricken;
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report; and
(3) no further amendment shall be in order.
28.5a 5. (a) Any Senator may move to waive any or all points
of order under paragraph 2 or 3 with respect to the pending
[[Page 54]]
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
28.5b (b) All appeals from rulings of the Chair under
paragraph 4 shall be debatable collectively for not to
exceed 1 hour, equally divided between the Majority and the
Minority Leader or their designees. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under paragraph 4.
28.6 6.\36\ 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.
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\36\Paragraphs 6 through 8 renumbered pursuant to Pub.
L. 110-81, Sep. 14, 2007, and paragraph 9 was added.
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28.7 7. 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.
28.8 8. Each conference committee between the Senate and the
House of Representatives shall be open to the public except
when managers of either the Senate or the House of
Representatives in open session determine by a rollcall vote
of a majority of those managers present, that all or part of
the remainder of the meeting on the day of the vote shall be
closed to the public.
28.9a 9. (a)(1) It shall not be in order to vote on the
adoption of a report of a committee of conference unless
such report has been available to Members and to the general
public for at least 48 hours before such vote. If a point of
order is sustained under this paragraph, then the conference
report shall be set aside.
[[Page 55]]
(2) For purposes of this paragraph, a report of a
committee of conference is made available to the general
public as of the time it is posted on a publicly accessible
website controlled by a Member, committee, Library of
Congress, or other office of Congress, or the Government
Printing Office, as reported to the Presiding Officer by the
Secretary of the Senate.
28.9b (b)(1) This paragraph may be waived in the Senate with
respect to the pending conference report by an affirmative
vote of three-fifths of the Members, duly chosen and sworn.
A motion to waive this paragraph shall be debatable for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees.
(2) An affirmative vote of three-fifths of the Members,
duly chosen and sworn, shall be required to sustain an
appeal of the ruling of the Chair on a point of order raised
under this paragraph. An appeal of the ruling of the Chair
shall be debatable for not to exceed 1 hour equally divided
between the Majority and the Minority Leader or their
designees.
28.9c (c) This paragraph may be waived by joint agreement of
the Majority Leader and the Minority Leader of the Senate,
upon their certification that such waiver is necessary as a
result of a significant disruption to Senate facilities or
to the availability of the Internet.
29 RULE XXIX
EXECUTIVE SESSIONS
29.1 1. When the President of the United States shall meet
the Senate in the Senate Chamber for the consideration of
Executive business, he shall have a seat on the right of the
Presiding Officer. When the Senate shall be convened by the
President of the United States to any other place, the
Presiding Officer of the Senate and the Senators shall
attend at the place appointed, with the necessary officers
of the Senate.
29.2 2. When acting upon confidential or Executive business,
unless the same shall be considered in open Executive
session, the Senate Chamber shall be cleared of all persons
except the Secretary, the Assistant Secretary, the Principal
Legislative Clerk, the Parliamentarian, the Executive Clerk,
the Minute and Journal Clerk, the Sergeant at Arms, the
Secretaries to the Majority and the Minority,
[[Page 56]]
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.\37\ Any Senator, officer or employee of the Senate
who shall disclose the secret or confidential business or
proceedings of the Senate, including the business and
proceedings of the committees, subcommittees and offices of
the Senate shall be liable, if a Senator, to suffer
expulsion from the body; and if an officer or employee, to
dismissal from the service of the Senate, and to punishment
for contempt.
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\37\As amended by S. Res. 363, 102-2, Oct. 8, 1992.
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29.6 6. Whenever, by the request of the Senate or any
committee thereof, any documents or papers shall be
communicated to the Senate by the President or the head of
any department relating to any matter pending in the Senate,
the proceedings in regard to which are secret or
confidential under the rules, said documents and papers
shall be considered as confidential, and shall not be
disclosed without leave of the Senate.
30 RULE XXX
EXECUTIVE SESSION--PROCEEDINGS ON TREATIES
30.1a 1. (a) When a treaty shall be laid before the Senate for
ratification, it shall be read a first time; and no motion
in respect to it shall be in order, except to refer it to a
committee, to print it in confidence for the use of the
Senate, or to remove the injunction of secrecy.
30.1b (b)\38\ When a treaty is reported from a committee with
or without amendment, it shall, unless the Senate unani
[[Page 57]]
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.
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\38\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
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
[[Page 58]]
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
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
[[Page 59]]
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, 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
[[Page 60]]
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
PUBLIC FINANCIAL DISCLOSURE
34.1 1. For purposes of this rule, the provisions of Title I
of the Ethics in Government Act of 1978 shall be deemed to
be a rule of the Senate as it pertains to Members, officers,
and employees of the Senate.
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Note.--Financial disclosure requirements contained in
the Ethics in Government Act as amended are codified at 5
U.S.C. App. 4. See Senate Manual Sec. 1018.
---------------------------------------------------------------------------
34.2a 2. (a)\39\ The Select Committee on Ethics shall transmit
a copy of each report filed with it under Title I of the
Ethics in Government Act of 1978 (other than a report filed
by a Member of Congress) to the head of the employing office
of the individual filing the report.
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\39\Paragraph 2 added pursuant to S. Res. 236, 101-2,
Jan. 30, 1990.
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34.2b (b) For purposes of this rule, the head of the employing
office shall be--
(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.\40\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1\41\ the following
additional information:
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\40\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.
\41\Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
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34.3a
(a) For purposes of section 102(a)(1)(B) of the
Ethics in Government Act of 1978 additional
categories of income as follows:
[[Page 61]]
(1) greater than $1,000,000 but not more
than $5,000,000, or
(2) greater than $5,000,000.
34.3b
(b) For purposes of section 102(d)(1) of the
Ethics in Government Act of 1978 additional
categories of value\42\ as follows:
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\42\The word ``value'' replaced the word ``income''
pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(1) greater than $1,000,000 but not more
than $5,000,000;
(2) greater than $5,000,000 but not more
than $25,000,000;
(3) greater than $25,000,000 but not
more than $50,000,000; and
(4) greater than $50,000,000.
34.3c
(c) For purposes of this paragraph and section
102 of the Ethics in Government Act of 1978,
additional categories with amounts or values greater
than $1,000,000 set forth in section 102(a)(1)(B)
and 102(d)(1) shall apply to the income, assets, or
liabilities of spouses and dependent children only
if the income, assets, or liabilities are held
jointly with the reporting individual. All other
income, assets, or liabilities of the spouse or
dependent children required to be reported under
section 102 and this paragraph in an 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.\43\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1\44\ an additional
statement under section 102(a) of the Ethics in Government
Act of 1978 listing the category of the total cash value of
any interest of the reporting individual in a qualified
blind trust as provided in section 102(d)(1) of the Ethics
in Government Act of 1978, unless the trust instrument was
executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash
value of any interest in the qualified blind trust.
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\43\Effective with respect to reports filed under Title
I of the Ethics in Government Act of 1978 for calendar year
1996 and thereafter.
\44\Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
[[Page 62]]
35 RULE XXXV
GIFTS\45\
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\45\Amended pursuant to S. Res. 158, 104-1, July 28,
1995, effective Jan. 1, 1996.
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35.1a 1. (a)(1) No Member, officer, or employee of the Senate
shall knowingly accept a gift except as provided in this
rule.
(2)(A)\46\ 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.
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\46\Subparagraph (A) renumbered and (B) added pursuant
to Pub. L. 110-81, Sep. 14, 2007.
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(B) A Member, officer, or employee may not knowingly
accept a gift from a registered lobbyist, an agent of a
foreign principal, or a private entity that retains or
employs a registered lobbyist or an agent of a foreign
principal, except as provided in subparagraphs (c) and (d).
35.1b (b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having
monetary value. The term includes gifts of services,
training, transportation, lodging, and meals, whether
provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been
incurred.
(2)(A) A gift to a family member of a Member, officer,
or employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
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.
[[Page 63]]
35.1c (c) The restrictions in subparagraph (a) shall not apply
to the following:
(1)(A)\47\ Anything for which the Member,
officer, or employee pays the market value, or does
not use and promptly returns to the donor.
---------------------------------------------------------------------------
\47\Subclause (A) renumbered and (B) added pursuant to
Pub. L. 110-81, Sep. 14, 2007.
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(B) The market value of a ticket to an
entertainment or sporting event shall be the face
value of the ticket or, in the case of a ticket
without a face value, the value of the ticket with
the highest face value for the event, except that if
a ticket holder can establish in advance of the
event to the Select Committee on Ethics that the
ticket at issue is equivalent to another ticket with
a face value, then the market value shall be set at
the face value of the equivalent ticket. In
establishing equivalency, the ticket holder shall
provide written and independently verifiable
information related to the primary features of the
ticket, including, at a minimum, the seat location,
access to parking, availability of food and
refreshments, and access to venue areas not open to
the public. The Select Committee on Ethics may make
a determination of equivalency only if such
information is provided in advance of the event.
(C)(i)\48\ Fair market value for a flight on an
aircraft described in item (ii) shall be the pro
rata share of the fair market value of the normal
and usual charter fare or rental charge for a
comparable plane of comparable size, as determined
by dividing such cost by the number of Members,
officers, or employees of Congress on the flight.
---------------------------------------------------------------------------
\48\Subparagraph C added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(ii) A flight on an aircraft described in this
item is any flight on an aircraft that is not--
(I) operated or paid for by an air
carrier or commercial operator certificated
by the Federal Aviation Administration and
required to be conducted under air carrier
safety rules; or
(II) in the case of travel which is
abroad, an air carrier or commercial
operator certificated by an appropriate
foreign civil aviation authority and the
flight is required to be conducted under air
carrier safety rules.
[[Page 64]]
(iii) This subclause shall not apply to an
aircraft owned or leased by a governmental entity or
by a Member of Congress or a Member's immediate
family member (including an aircraft owned by an
entity that is not a public corporation in which the
Member or Member's immediate family member has an
ownership interest), provided that the Member does
not use the aircraft any more than the Member's or
immediate family member's proportionate share of
ownership allows.
(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).\49\
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\49\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
Senate Manual Sec. 1026, for definitions.
---------------------------------------------------------------------------
(4)(A) Anything, including personal
hospitality,\50\ 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.
---------------------------------------------------------------------------
\50\The phrase ``including personal hospitality''
inserted pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(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
[[Page 65]]
gave the gift also at the same time gave the
same or similar gifts to other Members,
officers, or employees.
(5) A contribution or other payment to a legal
expense fund established for the benefit of a
Member, officer, or employee, that is otherwise
lawfully made, subject to the disclosure
requirements of the Select Committee on Ethics,
except as provided in paragraph 3(c).
(6) Any gift from another Member, officer, or
employee of the Senate or the House of
Representatives.
(7) Food, refreshments, lodging, and other
benefits--
(A) resulting from the outside business
or employment activities (or other outside
activities that are not connected to the
duties of the Member, officer, or employee
as an officeholder) of the Member, officer
or employee, or the spouse of the Member,
officer, or employee, if such benefits have
not been offered or enhanced because of the
official position of the Member, officer, or
employee and are customarily provided to
others in similar circumstances;
(B) customarily provided by a
prospective employer in connection with bona
fide employment discussions; or
(C) provided by a political organization
described in section 527(e) of the Internal
Revenue Code of 1986 in connection with a
fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
(9) Informational materials that are sent to the
office of the Member, officer, or employee in the
form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of
communication.
(10) Awards or prizes which are given to
competitors in contests or events open to the
public, including random drawings.
(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in
recognition of pub
[[Page 66]]
lic service (and associated food, refreshments, and
entertainment provided in the presentation of such
degrees and awards).
(12) Donations of products from the State that
the Member represents that are intended primarily
for promotional purposes, such as display or free
distribution, and are of minimal value to any
individual recipient.
(13) Training (including food and refreshments
furnished to all attendees as an integral part of
the training) provided to a Member, officer, or
employee, if such training is in the interest of the
Senate.
(14) Bequests, inheritances, and other transfers
at death.
(15) Any item, the receipt of which is
authorized by the Foreign Gifts and Decorations Act,
the Mutual Educational and Cultural Exchange Act, or
any other statute.
(16) Anything which is paid for by the Federal
Government, by a State or local government, or
secured by the Government under a Government
contract.
(17) A gift of personal hospitality (as defined
in section 109(14) of the Ethics in Government
Act)\51\ of an individual other than a registered
lobbyist or agent of a foreign principal.
---------------------------------------------------------------------------
\51\See Senate Manual Sec. 1026, 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
discrimi
[[Page 67]]
nates among Government employees on the
basis of branch of Government or type of
responsibility, or on a basis that favors
those of higher rank or rate of pay;
(E) in the form of loans from banks and
other financial institutions on terms
generally available to the public; or
(F) in the form of reduced membership or
other fees for participation in organization
activities offered to all Government
employees by professional organizations if
the only restrictions on membership relate
to professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended solely for presentation.
(21) Anything for which, in an unusual case, a
waiver is granted by the Select Committee on Ethics.
(22) Food or refreshments of a nominal value
offered other than as a part of a meal.
(23) An item of little intrinsic value such as a
greeting card, baseball cap, or a T-shirt.
(24)\52\ Subject to the restrictions in
subparagraph (a)(2)(A), free attendance at a
constituent event permitted pursuant to subparagraph
(g).
---------------------------------------------------------------------------
\52\Clause (24) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
35.1d (d)(1) A Member, officer, or employee may accept an
offer of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the
sponsor of the event, if--
(A) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
(B) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be simi
[[Page 68]]
larly accompanied or if such attendance is appropriate to
assist in the representation of the Senate.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with an event that does not meet the
standards provided in paragraph 2.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does
not include entertainment collateral to the event, nor does
it include food or refreshments taken other than in a group
setting with all or substantially all other attendees.
(5)\53\ During the dates of the national party
convention for the political party to which a Member
belongs, a Member may not participate in an event honoring
that Member, other than in his or her capacity as the
party's presidential or vice presidential nominee or
presumptive nominee, if such event is directly paid for by a
registered lobbyist or a private entity that retains or
employs a registered lobbyist.
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\53\Clause (5) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.1e (e) No Member, officer, or employee may accept a gift
the value of which exceeds $250 on the basis of the personal
friendship exception in subparagraph (c)(4) unless the
Select Committee on Ethics issues a written determination
that such exception applies. No determination under this
subparagraph is required for gifts given on the basis of the
family relationship exception.
35.1f (f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
35.1g (g)(1)\54\ A Member, officer, or employee may accept an
offer of free attendance in the Member's home State at a
conference, symposium, forum, panel discussion, dinner
event, site visit, viewing, reception, or similar event,
provided by a sponsor of the event, if--
---------------------------------------------------------------------------
\54\Subparagraph (g) was added pursuant to Pub. L. 110-
81, Sep. 14, 2007.
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[[Page 69]]
(A) the cost of meals provided the Member,
officer, or employee is less than $50;
(B)(i) the event is sponsored by constituents
of, or a group that consists primarily of
constituents of, the Member (or the Member by whom
the officer or employee is employed); and
(ii) the event will be attended primarily by a
group of at least 5 constituents of the Member (or
the Member by whom the officer or employee is
employed) provided that a registered lobbyist shall
not attend the event; and
(C)(i) 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
(ii) 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) For purposes of this subparagraph, the term `free
attendance' has the same meaning given such term in
subparagraph (d).
35.2a 2.\55\(a)(1)\56\ 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 or a private entity that retains or employs 1 or
more registered lobbyists or agents 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
prohib
[[Page 70]]
ited by this rule, if the Member, officer, or employee
complies with the requirements of this paragraph.
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\55\(Note: amendments to paragraph (2) pursuant to Pub.
L. 110-81, Sep. 14, 2007, take effect 60 days after
enactment or the date that the Select Committee on Ethics
issues new guidelines pertaining to this paragraph.)
\56\Subparagraph (a)(1) was amended pursuant to Pub. L.
110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
(2)(A)\57\ Notwithstanding clause (1), a reimbursement
(including payment in kind) to a Member, officer, or
employee of the Senate from an individual, other than a
registered lobbyist or agent of a foreign principal, that is
a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal shall
be deemed to be a reimbursement to the Senate under clause
(1) if--
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\57\Clause (2) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(i) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is provided only for attendance at or participation
for 1 day (exclusive of travel time and an overnight
stay) at an event described in clause (1); or
(ii) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is from an organization designated under section
501(c)(3) of the Internal Revenue Code of 1986.
(B) When deciding whether to preapprove a trip under
this clause, the Select Committee on Ethics shall make a
determination consistent with regulations issued pursuant to
section 544(b) of the Honest Leadership and Open Government
Act of 2007. The committee through regulations to implement
subclause (A)(i) may permit a longer stay when determined by
the committee to be practically required to participate in
the event, but in no event may the stay exceed 2 nights.
(3)\58\ For purposes of clauses (1) and (2), 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.
---------------------------------------------------------------------------
\58\Clause (3) was renumbered and amended pursuant to
Pub. L. 110-81, Sep. 14, 2007.
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35.2b (b)\59\Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive ad
[[Page 71]]
vance written authorization from the Member or officer under
whose direct supervision the employee works. Each advance
authorization to accept reimbursement shall be signed by the
Member or officer under whose direct supervision the
employee works and shall include--
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\59\Subparagraph (b) amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel;
and
(4) a determination that the travel is in
connection with the duties of the employee as an
officeholder and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c)\60\ Each Member, officer, or employee that receives
reimbursement under this paragraph shall disclose the
expenses reimbursed or to be reimbursed, the authorization
under subparagraph (b) (for an employee), and a copy of the
certification in subparagraph (e)(1) to the Secretary of the
Senate not later than 30 days after the travel is completed.
Each disclosure made under this subparagraph 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--
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\60\Subparagraph (c) amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(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;
(6)\61\ a description of meetings and events
attended; and
---------------------------------------------------------------------------
\61\Clause (6) added pursuant to Pub. L. 110-81, Sep.
14, 2007.
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(7)\62\ 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
[[Page 72]]
that the Member or officer is using public office
for private gain.
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\62\Clause (7) renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
35.2d (d)(1)\63\ A Member, officer, or employee of the Senate
may not accept a reimbursement (including payment in kind)
for transportation, lodging, or related expenses under
subparagraph (a) for a trip that was--
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\63\Subparagraph (d) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(A) planned, organized, or arranged by or at the
request of a registered lobbyist or agent of a
foreign principal; or
(B)(i) for trips described under subparagraph
(a)(2)(A)(i) on which a registered lobbyist
accompanies the Member, officer, or employee on any
segment of the trip; or
(ii) for all other trips allowed under this
paragraph, on which a registered lobbyist
accompanies the Member, officer, or employee at any
point throughout the trip.
(2) The Select Committee on Ethics shall issue
regulations identifying de minimis activities by registered
lobbyists or foreign agents that would not violate this
subparagraph.
35.2e (e)\64\ A Member, officer, or employee shall, before
accepting travel otherwise permissible under this paragraph
from any source--
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\64\Subparagraph (e) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(1) provide to the Select Committee on Ethics a
written certification from such source that--
(A) the trip will not be financed in any
part by a registered lobbyist or agent of a
foreign principal;
(B) the source either--
(i) does not retain or employ
registered lobbyists or agents of a foreign
principal and is not itself a registered
lobbyist or agent of a foreign principal; or
(ii) certifies that the trip meets the
requirements of subclause (i) or (ii) of
subparagraph (a)(2)(A);
(C) the source will not accept from a
registered lobbyist or agent of a foreign
principal or a private entity that retains
or employs 1 or more registered lobbyists or
agents of a foreign principal, funds
earmarked directly or indirectly for the
purpose of financing the specific trip; and
[[Page 73]]
(D) the trip will not in any part be
planned, organized, requested, or arranged
by a registered lobbyist or agent of a
foreign principal and the traveler will not
be accompanied on the trip consistent with
the applicable requirements of subparagraph
(d)(1)(B) by a registered lobbyist or agent
of a foreign principal, except as permitted
by regulations issued under subparagraph
(d)(2); and
(2) after the Select Committee on Ethics has
promulgated regulations pursuant to section 544(b)
of the Honest Leadership and Open Government Act of
2007, obtain the prior approval of the committee for
such reimbursement.
35.2f (f)\65\ For the purposes of this paragraph, the term
``necessary transportation, lodging, and related
expenses''--
---------------------------------------------------------------------------
\65\Subparagraph (f) renumbered and subparagraph (g)
renumbered and amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(1) includes reasonable expenses that are
necessary for travel for a period not exceeding 3
days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of
the United States unless approved in advance by the
Select Committee on Ethics;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and
materials, and food and refreshments, including
reimbursement for necessary transportation, whether
or not such transportation occurs within the periods
described in clause (1);
(3) does not include expenditures for
recreational activities, nor does it include
entertainment other than that provided to all
attendees as an integral part of the event, except
for activities or entertainment otherwise
permissible under this rule; and
(4) may include travel expenses incurred on
behalf of either the spouse or a child of the
Member, officer, or employee, subject to a
determination signed by the Member or officer (or in
the case of an employee, the Member or officer under
whose direct supervision the employee works) that
the attendance of the spouse or child is appropriate
to assist in the representation of the Senate.
35.2g (g) The Secretary of the Senate shall make all advance
authorizations, certifications, and disclosures filed pursu
[[Page 74]]
ant to this paragraph available for public inspection as
soon as possible after they are received, but in no event
prior to the completion of the relevant travel.
35.3 3. A gift prohibited by paragraph 1(a) includes the
following:
35.3a
(a) Anything provided by a registered lobbyist
or an agent of a foreign principal to an entity that
is maintained or controlled by a Member, officer, or
employee.
35.3b
(b) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a registered lobbyist or an agent of a
foreign principal on the basis of a designation,
recommendation, or other specification of a Member,
officer, or employee (not including a mass mailing
or other solicitation directed to a broad category
of persons or entities), other than a charitable
contribution permitted by paragraph 4.
35.3c
(c) A contribution or other payment by a
registered lobbyist or an agent of a foreign
principal to a legal expense fund established for
the benefit of a Member, officer, or employee.
35.3d
(d) A financial contribution or expenditure made
by a registered lobbyist or an agent of a foreign
principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an
official congressional organization, for or on
behalf of Members, officers, or employees.
35.4a 4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is
reported as provided in subparagraph (b).
35.4b (b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in subparagraph (a) shall report
within 30 days after such designation or recommendation to
the Secretary of the Senate--
(1) the name and address of the registered
lobbyist who is making the contribution in lieu of
honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable
organization designated or recommended by the
Member.
[[Page 75]]
The Secretary of the Senate shall make public information
received pursuant to this subparagraph as soon as possible
after it is received.
35.5 5. For purposes of this rule--
35.5a
(a) the term ``registered lobbyist'' means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
35.5b
(b) the term ``agent of a foreign principal''
means an agent of a foreign principal registered
under the Foreign Agents Registration Act.
35.6 6. All the provisions of this rule shall be interpreted
and enforced solely by the Select Committee on Ethics. The
Select Committee on Ethics is authorized to issue guidance
on any matter contained in this rule.
36 RULE XXXVI\66\
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\66\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
Secs. 1030-1034, for provisions of 5 U.S.C. App. 4.
---------------------------------------------------------------------------
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.
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
[[Page 76]]
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)\67\ 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.
---------------------------------------------------------------------------
\67\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 5 renumbered 5(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
37.5b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not--
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary relationship;
or
(4) receive compensation for teaching, without
the prior notification and approval of the
Select\68\ Committee on Ethics.
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\68\Added pursuant to S. Res. 299, 106-2, Apr. 27, 2000.
[[Page 77]]
37.6a 6. (a)\69\ 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--
---------------------------------------------------------------------------
\69\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
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
[[Page 78]]
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.\70\ 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 or an entity that
employs or retains a registered lobbyist for the purpose of
influencing legislation, he shall not lobby Members,
officers, or employees of the Senate for a period of two
years after leaving office.
---------------------------------------------------------------------------
\70\Paragraphs 8 and 9 amended pursuant to Pub. L. 110-
81, Sep. 14, 2007.
---------------------------------------------------------------------------
37.9a 9. (a) 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 or an entity that employs or retains 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.
37.9b (b) 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 or an
entity that employs or retains 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.
37.9c (c)\71\ If an officer of the Senate or an employee on
the staff of a Member or on the staff of a committee whose
rate of pay is equal to or greater than 75 percent of the
rate of pay of a Member and employed at such rate for more
than 60 days in a calendar year, upon leaving that position,
becomes a registered lobbyist, or is employed or retained by
such a registered lobbyist or an entity that employs or
retains a registered lobbyist for the purpose of influencing
legislation, such employee may not lobby any
[[Page 79]]
Member, officer, or employee of the Senate for a period of 1
year after leaving that position.
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\71\(Note: paragraph 9(c) shall apply to individuals who
leave the office or employment to which such paragraph
applies on or after the date of adjournment of the 1st
session of the 110th Congress sine die or Dec. 31, 2007,
whichever date is earlier.)
---------------------------------------------------------------------------
37.10 10. \72\Paragraphs 8 and 9 shall not apply to contacts
with the staff of the Secretary of the Senate regarding
compliance with the lobbying disclosure requirements of the
Lobbying Disclosure Act of 1995.
---------------------------------------------------------------------------
\72\Paragraphs 10 and 11 added pursuant to Pub. L. 110-
81, Sep. 14, 2007.
---------------------------------------------------------------------------
37.11a 11. (a) If a Member's spouse or immediate family member
is a registered lobbyist, or is employed or retained by such
a registered lobbyist or an entity that hires or retains a
registered lobbyist for the purpose of influencing
legislation, the Member shall prohibit all staff employed or
supervised by that Member (including staff in personal,
committee, and leadership offices) from having any contact
with the Member's spouse or immediate family member that
constitutes a lobbying contact as defined by section 3 of
the Lobbying Disclosure Act of 1995 by such person.
37.11b (b) Members and employees on the staff of a Member
(including staff in personal, committee, and leadership
offices) shall be prohibited from having any contact that
constitutes a lobbying contact as defined by section 3 of
the Lobbying Disclosure Act of 1995 by any spouse of a
Member who is a registered lobbyist, or is employed or
retained by such a registered lobbyist.
37.11c (c) The prohibition in subparagraph (b) shall not apply
to the spouse of a Member who was serving as a registered
lobbyist at least 1 year prior to the most recent election
of that Member to office or at least 1 year prior to his or
her marriage to that Member.
37.12a 12. (a)\73\ Except as provided by subparagraph (b), any
employee of the Senate who is required to file a report
pursuant to rule XXXIV shall refrain from participating
personally and substantially as an employee of the Senate in
any contact with any agency of the executive or judicial
branch of Government with respect to non-legislative matters
affecting any non-governmental person in which the employee
has a significant financial interest.
---------------------------------------------------------------------------
\73\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. Paragraph
renumbered pursuant to Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
37.12b (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
[[Page 80]]
necessary. A copy of each such waiver shall be filed with
the Select Committee.
37.13 13.\74\ For purposes of this rule--
---------------------------------------------------------------------------
\74\Paragraph 13 renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
37.13a
(a) ``employee of the Senate'' includes an
employee or individual described in paragraphs 2, 3,
and 4(c) of rule XLI;
37.13b
(b) an individual who is an employee on the
staff of a subcommittee of a committee shall be
treated as an employee on the staff of such
committee; and
37.13c
(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.
37.14a 14.\75\(a) A Member shall not negotiate or have any
arrangement concerning prospective private employment until
after his or her successor has been elected, unless such
Member files a signed statement with the Secretary of the
Senate, for public disclosure, regarding such negotiations
or arrangements not later than 3 business days after the
commencement of such negotiation or arrangement, including
the name of the private entity or entities involved in such
negotiations or arrangements, and the date such negotiations
or arrangements commenced.
---------------------------------------------------------------------------
\75\Paragraph 14 added pursuant to Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
37.14b (b) A Member shall not negotiate or have any arrangement
concerning prospective employment for a job involving
lobbying activities as defined by the Lobbying Disclosure
Act of 1995 until after his or her successor has been
elected.
37.14c (c)(1) An employee of the Senate earning in excess of 75
percent of the salary paid to a Senator shall notify the
Select Committee on Ethics that he or she is negotiating or
has any arrangement concerning prospective private
employment.
[[Page 81]]
(2) The notification under this subparagraph shall be
made not later than 3 business days after the commencement
of such negotiation or arrangement.
(3) An employee to whom this subparagraph applies
shall--
(A) recuse himself or herself from--
(i) any contact or communication with
the prospective employer on issues of
legislative interest to the prospective
employer; and
(ii) any legislative matter in which
there is a conflict of interest or an
appearance of a conflict for that employee
under this subparagraph; and
(B) notify the Select Committee on Ethics of
such recusal.
37.15 15.\76\ For purposes of this rule--
---------------------------------------------------------------------------
\76\Paragraph 15 renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
37.15a
(a) a Senator or the Vice President is the
supervisor of his administrative, clerical, or other
assistants;
37.15b
(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;
37.15c
(c) a Senator who is a chairman of a
subcommittee which has its own staff and financial
authorization is the supervisor of the professional,
clerical, or other assistants to the subcommittee
except that minority staff members shall be under
the supervision of the ranking minority Senator on
the subcommittee;
37.15d
(d) the President pro tempore is the supervisor
of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper, the Chaplain, the Legislative Counsel,
and the employees of the Office of the Legislative
Counsel;
37.15e
(e) the Secretary of the Senate is the
supervisor of the employees of his office;
37.15f
(f) the Sergeant at Arms and Doorkeeper is the
supervisor of the employees of his office;
37.15g
(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;
[[Page 82]]
37.15h
(h) the Majority Leader is the supervisor of the
Secretary for the Majority and the Secretary for the
Majority is the supervisor of the employees of his
office; and
37.15i
(i) the Minority Leader is the supervisor of the
Secretary for the Minority and the Secretary for the
Minority is the supervisor of the employees of his
office.
38 RULE XXXVIII
PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS
38.1a 1. (a)\77\ 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--
---------------------------------------------------------------------------
\77\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. 570.
---------------------------------------------------------------------------
(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.
38.1b (b) Notwithstanding subparagraph (a), official expenses
may be defrayed only as provided by subsections (d) and (i)
of section 311 of the Legislative Appropriations Act, 1991
(Public Law 101-520).\78\
---------------------------------------------------------------------------
\78\Section 311(d) of the Legislative Branch
Appropriations Act, 1991, (2 U.S.C. 59e(d)), was amended by
the Legislative Appropriations Act, 2002 (Pub. Law 107-68).
2 U.S.C. 59e--Senate Manual Sec. 349.
---------------------------------------------------------------------------
38.1c (c)\79\ For purposes of reimbursement under this rule,
fair market value of a flight on an aircraft shall be
determined as provided in paragraph 1(c)(1)(C) of rule XXXV.
---------------------------------------------------------------------------
\79\Subparagraph (c) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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[[Page 83]]
38.2
2. No contribution (as defined in section 301(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall
be converted to the personal use of any Member or any former
Member. For the purposes of this rule ``personal use'' does
not include reimbursement of expenses incurred by a Member
in connection with his official duties.
39 RULE XXXIX
FOREIGN TRAVEL
39.1a 1. (a) Unless authorized by the Senate (or by the
President of the United States after an adjournment sine
die), no funds from the United States Government (including
foreign currencies made available under section 502(b) of
the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be
received for the purpose of travel outside the United States
by any Member of the Senate whose term will expire at the
end of a Congress after--
(1) the date of the general election in which
his successor is elected; or
(2) in the case of a Member who is not a
candidate in such general election, the earlier of
the date of such general election or the adjournment
sine die of the second regular session of that
Congress.
39.1b (b)\80\ 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--
---------------------------------------------------------------------------
\80\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 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 ordi
[[Page 84]]
nary 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\81\
---------------------------------------------------------------------------
\81\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.
1206.
---------------------------------------------------------------------------
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)\82\ 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.\83\
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\82\Citation corrected by S. Res. 187, 101-1, Oct. 2,
1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
\83\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\84\ with the Secretary of the Senate such mass
mailings. Such registration shall be made by filing with the
Secretary a copy of the matter mailed and providing, on a
form supplied by the Secretary, a description of the group
or groups of persons to whom the mass mailing was mailed.
---------------------------------------------------------------------------
\84\Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C.
59g, See Senate Manual Sec. 351.
[[Page 85]]
40.3b (b) The Secretary of the Senate shall promptly make
available for public inspection and copying a copy of the
mail matter registered, and a description of the group or
groups of persons to whom the mass mailing was mailed.
40.4 4. Nothing in this rule shall apply to any mailing under
the frank which is (a) in direct response to inquiries or
requests from persons to whom the matter is mailed; (b)
addressed to colleagues in Congress or to government
officials (whether Federal, State, or local); or (c)
consists entirely of news releases to the communications
media.
40.5 5. The Senate computer facilities shall not be used (a)
to store, maintain, or otherwise process any lists or
categories of lists of names and addresses identifying the
individuals included in such lists as campaign workers or
contributors, as members of a political party, or by any
other partisan political designation, (b) to produce
computer printouts except as authorized by user guides
approved by the Committee on Rules and Administration, or
(c) to produce mailing labels for mass mailings, or computer
tapes and discs, for use other than in service facilities
maintained and operated by the Senate or under contract to
the Senate. The Committee on Rules and Administration shall
prescribe such regulations not inconsistent with the
purposes of this paragraph as it determines necessary to
carry out such purposes.
40.6a 6. (a) The radio and television studios provided by the
Senate or by the House of Representatives may not be used by
a Senator or an individual who is a candidate for nomination
for election, or election, to the Senate less than sixty
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.\85\
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\85\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 86]]
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\86\ 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.\87\ The Secretary of the
Senate shall make the designation available for public
inspection.
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\86\As amended by S. Res. 258, 100-1, Oct. 1, 1987.
\87\Pursuant to S. Res. 236, 101-2, Jan. 30, 1990.
41.2 2. For purposes of the Senate Code of Official Conduct--
41.2a
(a) an employee of the Senate includes any
employee whose salary is disbursed by the Secretary
of the Senate; and
41.2b
(b) the compensation of an officer or employee
of the Senate who is a reemployed annuitant shall
include amounts received by such officer or employee
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\88\ 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
[[Page 87]]
Code, be treated as an employee of the Senate receiving
compensation disbursed by the Secretary of the Senate in an
amount equal to the amount of compensation he is receiving
as an officer or employee of the Government.
---------------------------------------------------------------------------
\88\Reference corrected by S. Res. 192, 102-1, Oct. 31,
1991.
41.4 4. No Member, officer, or employee of the Senate shall
utilize the full-time services of an individual for more
than ninety days in a calendar year in the conduct of
official duties of any committee or office of the Senate
(including a Member's office) unless such individual--
41.4a
(a) is an officer or employee of the Senate,
41.4b
(b) is an officer or employee of the Government
(other than the Senate), or
41.4c
(c) agrees in writing to comply with the Senate
Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate.
Any individual to whom subparagraph (c) applies shall, for
purposes of such Code, be treated as an employee of the
Senate receiving compensation disbursed by the Secretary of
the Senate in an amount equal to the amount of compensation
which such individual is receiving from any source for
performing such services.
41.5 5. In exceptional circumstances for good cause shown,
the Select Committee on Ethics may waive the applicability
of any provision of the Senate Code of Official Conduct to
an employee hired on a per diem basis.
41.6a 6. (a) The supervisor of an individual who performs
services for any Member, committee, or office of the Senate
for a period in excess of four weeks and who receives
compensation therefor from any source other than the United
States Government shall report to the Select Committee on
Ethics with respect to the utilization of the services of
such individual.
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.
[[Page 88]]
41.6c (c) No report shall be required under subparagraph (a)
with respect to an individual who normally performs services
for a Member, committee, or office for less than eight hours
a week.
41.6d (d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 of rule
XXXVII.\89\
---------------------------------------------------------------------------
\89\Redesignated pursuant to S. Res. 236, 101-2, Jan.
30, 1990 and S. Res. 299, 106-2, Apr. 27, 2000.
42 RULE XLII
EMPLOYMENT PRACTICES
42.1 1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
42.1a
(a) fail or refuse to hire an individual;
42.1b
(b) discharge an individual; or
42.1c
(c) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment
on the basis of such individual's race, color, religion,
sex, national origin, age, or state of physical handicap.
42.2 2.\90\ 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.
---------------------------------------------------------------------------
\90\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.
1301 et seq.). See Senate Manual Secs. 733, 734.
43 RULE XLIII
REPRESENTATION BY MEMBERS\91\
---------------------------------------------------------------------------
\91\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.
43.2 2. At the request of a petitioner, a Member of the
Senate, or a Senate employee, may communicate with an
executive or independent government official or agency on
any matter to--
43.2a
(a) request information or a status report;
[[Page 89]]
43.2b
(b) urge prompt consideration;
43.2c
(c) arrange for interviews or appointments;
43.2d
(d) express judgments;
43.2e
(e) call for reconsideration of an
administrative response which the Member believes is
not reasonably supported by statutes, regulations or
considerations of equity or public policy; or
43.2f
(f) perform any other service of a similar
nature consistent with the provisions of this rule.
43.3 3. The decision to provide assistance to petitioners may
not be made on the basis of contributions or services, or
promises of contributions or services, to the Member's
political campaigns or to other organizations in which the
Member has a political, personal, or financial interest.
43.4 4. A Member shall make a reasonable effort to assure
that representations made in the Member's name by any Senate
employee are accurate and conform to the Member's
instructions and to this rule.
43.5 5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.
43.6 6.\92\ No Member, with the intent to influence solely on
the basis of partisan political affiliation an employment
decision or employment practice of any private entity,
shall--
---------------------------------------------------------------------------
\92\Paragraph 6 added pursuant to Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
43.6a
(a) take or withhold, or offer or threaten to
take or withhold, an official act; or
43.6b
(b) influence, or offer or threaten to influence
the official act of another.
44 RULE XLIV\93\
---------------------------------------------------------------------------
\93\Rule XLIV added pursuant to Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
CONGRESSIONALLY DIRECTED SPENDING AND RELATED ITEMS
44.1a 1. (a) It shall not be in order to vote on a motion to
proceed to consider a bill or joint resolution reported by
any committee unless the chairman of the committee of
jurisdiction or the Majority Leader or his or her designee
certifies--
(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in
the bill or joint resolution, or in the committee report
accompanying the bill or joint resolution, has been
identified through lists, charts, or other similar means
including the
[[Page 90]]
name of each Senator who submitted a request to the
committee for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional website in
a searchable format at least 48 hours before such vote.
44.1b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.2a 2. (a) It shall not be in order to vote on a motion to
proceed to consider a Senate bill or joint resolution not
reported by committee unless the chairman of the committee
of jurisdiction or the Majority Leader or his or her
designee certifies--
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the bill or joint resolution,
has been identified through lists, charts, or other
similar means, including the name of each Senator
who submitted a request to the sponsor of the bill
or joint resolution for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website in a searchable format at least 48 hours
before such vote.
44.2b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.3a 3. (a) It shall not be in order to vote on the adoption
of a report of a committee of conference unless the chairman
of the committee of jurisdiction or the Majority Leader or
his or her designee certifies--
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the conference report, or in the
joint statement of managers accompanying the
conference report, has been identified through
lists, charts, or other means, including the name of
each Senator who submitted a request to the
committee of jurisdiction for each item so
identified; and
[[Page 91]]
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website at least 48 hours before such vote.
44.3b (b) If a point of order is sustained under this
paragraph, then the conference report shall be set aside.
44.4a 4. (a) If during consideration of a bill or joint
resolution, a Senator proposes an amendment containing a
congressionally directed spending item, limited tax benefit,
or limited tariff benefit which was not included in the bill
or joint resolution as placed on the calendar or as reported
by any committee, in a committee report on such bill or
joint resolution, or a committee report of the Senate on a
companion measure, then as soon as practicable, the Senator
shall ensure that a list of such items (and the name of any
Senator who submitted a request to the Senator for each
respective item included in the list) is printed in the
Congressional Record.
44.4b (b) If a committee reports a bill or joint resolution
that includes congressionally directed spending items,
limited tax benefits, or limited tariff benefits in the bill
or joint resolution, or in the committee report accompanying
the bill or joint resolution, the committee shall as soon as
practicable identify on a publicly accessible congressional
website each such item through lists, charts, or other
similar means, including the name of each Senator who
submitted a request to the committee for each item so
identified. Availability on the Internet of a committee
report that contains the information described in this
subparagraph shall satisfy the requirements of this
subparagraph.
44.4c (c) To the extent technically feasible, information made
available on publicly accessible congressional websites
under paragraphs 3 and 4 shall be provided in a searchable
format.
44.5 5. For the purpose of this rule--
44.5a
(a) the term ``congressionally directed spending
item'' means a provision or report language included
primarily at the request of a Senator providing,
authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other
expenditure with or to an entity, or targeted to a
specific State, locality or Congressional district,
other than through a statutory or administrative
formula-driven or competitive award process;
[[Page 92]]
44.5b
(b) the term ``limited tax benefit'' means--
(1) any revenue provision that--
(A) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue
Code of 1986; and
(B) contains eligibility criteria that
are not uniform in application with respect
to potential beneficiaries of such
provision;
44.5c
(c) the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule
of the United States in a manner that benefits 10 or
fewer entities; and
44.5d
(d) except as used in subparagraph 8(e), the
term ``item'' when not preceded by ``congressionally
directed spending'' means any provision that is a
congressionally directed spending item, a limited
tax benefit, or a limited tariff benefit.
44.6a 6. (a) A Senator who requests a congressionally directed
spending item, a limited tax benefit, or a limited tariff
benefit in any bill or joint resolution (or an accompanying
report) or in any conference report (or an accompanying
joint statement of managers) shall provide a written
statement to the chairman and ranking member of the
committee of jurisdiction, including--
(1) the name of the Senator;
(2) in the case of a congressionally directed
spending item, the name and location of the intended
recipient or, if there is no specifically intended
recipient, the intended location of the activity;
(3) in the case of a limited tax or tariff
benefit, identification of the individual or
entities reasonably anticipated to benefit, to the
extent known to the Senator;
(4) the purpose of such congressionally directed
spending item or limited tax or tariff benefit; and
(5) a certification that neither the Senator nor
the Senator's immediate family has a pecuniary
interest in the item, consistent with the
requirements of paragraph 9.
44.6b (b) With respect to each item included in a Senate bill
or joint resolution (or accompanying report) reported by
committee or considered by the Senate, or included in a
conference report (or joint statement of managers accom
[[Page 93]]
panying the conference report) considered by the Senate,
each committee of jurisdiction shall make available for
public inspection on the Internet the certifications under
subparagraph (a)(5) as soon as practicable.
44.7 7. In the case of a bill, joint resolution, or
conference report that contains congressionally directed
spending items in any classified portion of a report
accompanying the measure, the committee of jurisdiction
shall, to the greatest extent practicable, consistent with
the need to protect national security (including
intelligence sources and methods), include on the list
required by paragraph 1, 2, or 3 as the case may be, a
general program description in unclassified language,
funding level, and the name of the sponsor of that
congressionally directed spending item.
44.8a 8. (a) A Senator may raise a point of order against one
or more provisions of a conference report if they constitute
new directed spending provisions. The Presiding Officer may
sustain the point of order as to some or all of the
provisions against which the Senator raised the point of
order.
44.8b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) the Senate shall proceed to consider the
question of whether the Senate should recede from
its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference
report that has not been stricken; and
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report and no further amendment shall be in order.
44.8c (c) Any Senator may move to waive any or all points of
order under this paragraph with respect to the pending
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
[[Page 94]]
44.8d (d) All appeals from rulings of the Chair under this
paragraph shall be debatable collectively for not to exceed
1 hour, equally divided between the Majority and the
Minority Leader or their designees. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under this paragraph.
44.8e (e) The term ``new directed spending provision'' as used
in this paragraph means any item that consists of a specific
provision containing a specific level of funding for any
specific account, specific program, specific project, or
specific activity, when no specific funding was provided for
such specific account, specific program, specific project,
or specific activity in the measure originally committed to
the conferees by either House.
44.9 9. No Member, officer, or employee of the Senate shall
knowingly use his official position to introduce, request,
or otherwise aid the progress or passage of congressionally
directed spending items, limited tax benefits, or limited
tariff benefits 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.
44.10 10. Any Senator may move to waive application of
paragraph 1, 2, or 3 with respect to a measure by an
affirmative vote of three-fifths of the Members, duly chosen
and sworn. A motion to waive under this paragraph with
respect to a measure shall be debatable for not to exceed 1
hour equally divided between the Majority Leader and the
Minority Leader or their designees. With respect to points
of order raised under paragraphs 1, 2, or 3, only one appeal
from a ruling of the Chair shall be in order, and debate on
such an appeal from a ruling of the Chair on such point of
order shall be limited to one hour.
44.11 11. Any Senator may move to waive all points of order
under this rule with respect to the pending measure or
motion by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. All motions to waive all
points of order with respect to a measure or motion as
provided by this paragraph shall be debatable collectively
for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees.
A motion to waive all points of order with respect to a
measure
[[Page 95]]
or motion as provided by this paragraph shall not be
amendable.
44.12 12. Paragraph 1, 2, or 3 of this rule may be waived by
joint agreement of the Majority Leader and the Minority
Leader of the Senate upon their certification that such
waiver is necessary as a result of a significant disruption
to Senate facilities or to the availability of the Internet.
[[Page 97]]
[45]
____________________________________________________________
APPENDIX TO STANDING RULES OF THE SENATE
____________________________________________________________
[Note.--S. Res. 445, 108-2, a resolution to eliminate
certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence, passed the Senate Oct. 9,
2004. The resolution made several changes to the
jurisdiction, treatment and name of Senate Committees.
However, the provisions of S. Res. 445 did not modify the
Standing Rules of the Senate and therefore could not be
included in this document except as an appendix. The
effective date for the provisions of the resolution was the
convening of the 109th Congress. Titles I, III and V of S.
Res. 445 are printed in this appendix.
S. RES. 445
To eliminate certain restrictions on service of a
Senator on the Senate Select Committee on Intelligence.
IN THE SENATE OF THE UNITED STATES
October 1, 2004
Mr. Lott submitted the following resolution; which was
referred to the Committee on Rules and Administration
October 5, 2004
Reported by Mr. Lott, without amendment
October 9, 2004
Considered, amended, and agreed to
RESOLUTION
To eliminate certain restrictions on service of a Senator on
the Senate Select Committee on Intelligence.
Resolved,
45 Sec. 100. Purpose.
It is the purpose of titles I through V of this
resolution to improve the effectiveness of the Senate Select
Committee on Intelligence, especially with regard to its
oversight of the Intelligence Community of the United States
Government, and to improve the Senate's oversight of
homeland security.
[[Page 98]]
TITLE I--HOMELAND SECURITY OVERSIGHT REFORM
46
Sec. 101. Homeland security.
46.a (a) Committee on Homeland Security and Government
Affairs.--The Committee on Governmental Affairs is renamed
as the Committee on Homeland Security and Governmental
Affairs.
46.b (b) Jurisdiction.--There shall be referred to the
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
(1) Department of Homeland Security, except
matters relating to--
(A) the Coast Guard, the Transportation
Security Administration, the Federal Law
Enforcement Training Center or the Secret
Service; and
(B)(i) the United States Citizenship and
Immigration Service; or
(ii) the immigration functions of the
United States Customs and Border Protection
or the United States Immigration and Custom
Enforcement or the Directorate of Border and
Transportation Security; and
(C) the following functions performed by
any employee of the Department of Homeland
Security--
(i) any customs revenue function
including any function provided for
in section 415 of the Homeland
Security Act of 2002 (Public Law
107-296);
(ii) any commercial function or
commercial operation of the Bureau
of Customs and Border Protection or
Bureau of Immigration and Customs
Enforcement, including matters
relating to trade facilitation and
trade regulation; or
(iii) any other function related
to clause (i) or (ii) that was
exercised by the United States
Customs Service on the day before
the effective date of the Homeland
Security Act of 2002 (Public Law
107-296).
The jurisdiction of the Committee on Homeland Security and
Governmental Affairs in this paragraph shall supersede the
jurisdiction of any other committee of the Senate provided
in the rules of the Senate: Provided, That the jurisdiction
provided under section 101(b)(1) shall not include the
National Flood Insurance Act of 1968, or functions of the
Federal Emergency Management Agency related thereto.
(2) Archives of the United States.
(3) Budget and accounting measures, other
than appropriations, except as provided in the
Congressional Budget Act of 1974.
(4) Census and collection of statistics,
including economic and social statistics.
(5) Congressional organization, except for
any part of the matter that amends the rules or
orders of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of
Columbia, except appropriations therefor.
(10) Organization and management of United
States nuclear export policy.
[[Page 99]]
(11) Organization and reorganization of the
executive branch of the Government.
(12) Postal Service.
(13) Status of officers and employees of the
United States, including their classification,
compensation, and benefits.
46.c (c) Additional Duties.--The committee shall have the
duty of--
(1) 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;
(2) studying the efficiency, economy, and
effectiveness of all agencies and departments of
the Government;
(3) evaluating the effects of laws enacted
to reorganize the legislative and executive
branches of the Government; and
(4) studying the intergovernmental
relationships between the United States and the
States and municipalities, and between the
United States and international organizations of
which the United States is a member.
46.d (d) Jurisdiction of Budget Committee.--Notwithstanding
paragraph (b)(3) of this section, and except as otherwise
provided in the Congressional Budget Act of 1974, the
Committee on the Budget shall have exclusive jurisdiction
over measures affecting the congressional budget process,
which are--
(1) the functions, duties, and powers of the
Budget Committee;
(2) the functions, duties, and powers of the
Congressional Budget Office;
(3) the process by which Congress annually
establishes the appropriate levels of budget
authority, outlays, revenues, deficits or
surpluses, and public debt--including
subdivisions thereof--and including the
establishment of mandatory ceilings on spending
and appropriations, a floor on revenues,
timetables for congressional action on
concurrent resolutions, on the reporting of
authorization bills, and on the enactment of
appropriation bills, and enforcement mechanisms
for budgetary limits and timetables;
(4) the limiting of backdoor spending
devices;
(5) the timetables for Presidential
submission of appropriations and authorization
requests;
(6) the definitions of what constitutes
impoundment--such as ``rescissions'' and
``deferrals'';
(7) the process and determination by which
impoundments must be reported to and considered
by Congress;
(8) the mechanisms to insure Executive
compliance with the provisions of the
Impoundment Control Act, title X--such as GAO
review and lawsuits; and
(9) the provisions which affect the content
or determination of amounts included in or
excluded from the congressional budget or the
calculation of such amounts, including the
definition of terms provided by the Budget Act.
46.e (e) OMB Nominees.--The Committee on the Budget and the
Committee on Homeland Security and Governmental Affairs
shall have joint jurisdiction over the nominations of
persons nominated by the President to fill the positions of
Director and Deputy Director for Budget within
[[Page 100]]
the Office of Management and Budget, and if one committee
votes to order reported such a nomination, the other must
report within 30 calendar days session, or be automatically
discharged.
TITLE III--COMMITTEE STATUS
47
Sec. 301. Committee status.
47.a (a) Homeland Security.--The Committee on Homeland
Security and Governmental Affairs shall be treated as the
Committee on Governmental Affairs listed under paragraph 2
of rule XXV of the Standing Rules of the Senate for purposes
of the Standing Rules of the Senate.
47.b (b) Intelligence.--The Select Committee on Intelligence
shall be treated as a committee listed under paragraph 2 of
rule XXV of the Standing Rules of the Senate for purposes of
the Standing Rules of the Senate.
TITLE V--EFFECTIVE DATE
48
Sec. 501. Effective date.
This resolution shall take effect on the convening of
the 109th Congress.