    [United States Senate Manual, 112th Congress]
    [S. Doc. 112-1]
    [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.]

                                         --------

             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--.
    ---------------------------------------------------------------------------
                    \1\ All year designations within the following
                certificates were changed from 19 to 20 by S. Res. 99, 106-
                2, Apr. 27, 2000.
    ---------------------------------------------------------------------------
                    ``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

    [[Page 13]]

                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.
    ---------------------------------------------------------------------------
                    \3\ Pursuant to Pub. L. 110-81, Sep. 14, 2007, paragraph
                1 was amended.
    ---------------------------------------------------------------------------
         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

    [[Page 14]]

                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.

    [[Page 15]]

          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--
    ---------------------------------------------------------------------------
                    \4\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
    ---------------------------------------------------------------------------
                            (1) may be waived by joint agreement of the
                        majority leader and the minority leader of the
                        Senate; and
                            (2) shall not apply to--
                                    (A) any measure for the declaration of
                                war, or the declaration of a national
                                emergency, by the Congress, and
                                    (B) any executive decision,
                                determination, or action which would become,
                                or continue to be, 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:
    ---------------------------------------------------------------------------
                    \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:
    ---------------------------------------------------------------------------
                    \6\ Paragraph numbered pursuant to Pub. L. 110-81, Sep.
                14, 2007.
    ---------------------------------------------------------------------------
                            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\
    ---------------------------------------------------------------------------
                    \7\ As amended pursuant to Pub. L. 110-81, Sep. 14,
                2007.
    ---------------------------------------------------------------------------
                            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\
    ---------------------------------------------------------------------------
                    \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\
    ---------------------------------------------------------------------------
                    \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--
    ---------------------------------------------------------------------------
                    \10\ Paragraphs 2 and 3 added pursuant to Pub. L. 110-
                81, Sep. 14, 2007.
    ---------------------------------------------------------------------------
                            (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.
    ---------------------------------------------------------------------------
                    \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).
    ---------------------------------------------------------------------------
                    (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).
    ---------------------------------------------------------------------------
                            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.
    ---------------------------------------------------------------------------
                            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\
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                    \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.
                440), the Committee on Rules and Administration issues
                ``Regulations Governing Rates Payable to Commercial
                Reporting Firms for Reporting Committee Hearings in the
                Senate.'' Copies of the regulations currently in effect may
                be obtained from the Committee.
    ---------------------------------------------------------------------------
          26.2      2. \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.
    ---------------------------------------------------------------------------
                    \30\ Subparagraph (e)(1) numbered pursuant to Pub. L.
                110-81, Sep. 14, 2007.
    ---------------------------------------------------------------------------
                    (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.
    ---------------------------------------------------------------------------
                    \31\ Clause (2) added pursuant to Pub. L. 110-81, Sep.
                14, 2007, and takes effect Dec. 13, 2007.
    ---------------------------------------------------------------------------
                    (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.
    ---------------------------------------------------------------------------
                    \32\ As amended, S. Res. 281, 96-2, Mar. 11, 1980,
                effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
    ---------------------------------------------------------------------------

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

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

    [[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.
    ---------------------------------------------------------------------------
                    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. 751.

    [[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.
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
          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.
    ---------------------------------------------------------------------------
                    \34\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
    ---------------------------------------------------------------------------

         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.
    ---------------------------------------------------------------------------
                    \35\ Paragraphs 2 and 3 amended pursuant to Pub. L. 110-
                81, Sep. 14, 2007, and paragraphs 4-5 were added.
    ---------------------------------------------------------------------------

         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.
    ---------------------------------------------------------------------------
                    \36\ Paragraphs 6 through 8 renumbered pursuant to Pub.
                L. 110-81, Sep. 14, 2007, and paragraph 9 was added.
    ---------------------------------------------------------------------------

          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.
    ---------------------------------------------------------------------------
                    \37\ As amended by S. Res. 363, 102-2, Oct. 8, 1992.
    ---------------------------------------------------------------------------

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

            30                            RULE XXX

                         EXECUTIVE SESSION--PROCEEDINGS ON TREATIES

         30.1a      1. (a) When a treaty shall be laid before the Senate for
                ratification, it shall be read a first time; and no motion
                in respect to it shall be in order, except to refer it to a
                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.
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                    Note.--Financial disclosure requirements contained in
                the Ethics in Government Act as amended are codified at 5
                U.S.C. App. See Senate Manual Sec. 1172.
    ---------------------------------------------------------------------------

         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.
    ---------------------------------------------------------------------------
                    \39\ Paragraph 2 added pursuant to S. Res. 236, 101-2,
                Jan. 30, 1990.
    ---------------------------------------------------------------------------

         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:
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------

         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:
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                    \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\
    ---------------------------------------------------------------------------

                    \45\ Amended pursuant to S. Res. 158, 104-1, July 28,
                1995, effective Jan. 1, 1996.
    ---------------------------------------------------------------------------

         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.
    ---------------------------------------------------------------------------
                    \46\ Subparagraph (A) renumbered and (B) added pursuant
                to Pub. L. 110-81, Sep. 14, 2007.
    ---------------------------------------------------------------------------
                    (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.
    ---------------------------------------------------------------------------
                            (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\
    ---------------------------------------------------------------------------
                    \49\ As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
                Senate Manual Sec. 1180, 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. 1180, 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.
    ---------------------------------------------------------------------------
                    \53\ Clause (5) was added pursuant to Pub. L. 110-81,
                Sep. 14, 2007.
    ---------------------------------------------------------------------------

         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.

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

    [[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.
    ---------------------------------------------------------------------------
                    \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--
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------

         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--
    ---------------------------------------------------------------------------
                    \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--
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                            (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.
    ---------------------------------------------------------------------------
                    \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--
    ---------------------------------------------------------------------------
                    \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--
    ---------------------------------------------------------------------------
                    \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\
    ---------------------------------------------------------------------------

                    \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. 1184-1188, for provisions of 5 U.S.C. App.
    ---------------------------------------------------------------------------

                                    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.
                Sec. 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.
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                    \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. 586.
    ---------------------------------------------------------------------------
                            (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.
    ---------------------------------------------------------------------------

    [[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. 1481.
    ---------------------------------------------------------------------------

          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\
    ---------------------------------------------------------------------------
                    \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\
    ---------------------------------------------------------------------------
                    \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.
    ---------------------------------------------------------------------------
                    \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. 750, 751.

            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.
                          appendix to standing rules of the senate

                          appendix to standing rules of the senate