[United States Senate Manual, 113th Congress]
[S. Doc. 113-1]
[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--.
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                \1\ All year designations within the following 
            certificates were changed from 19 to 20 by S. Res. 99, 106-
            2, Apr. 27, 2000.
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                ``Witness: His excellency our governor ----, and our 
            seal hereto affixed at ---- this -- day of --, in the year 
            of our Lord 20--.

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                ``By the governor:
                                              ``C---- D----,
                                                         ``Governor.
                ``E---- F----,
                  ``Secretary of State.''

                    ``CERTIFICATE OF ELECTION FOR UNEXPIRED TERM

            ``To the President of the Senate of the United States:
                ``This is to certify that on the -- day of ----, 20--,
            A---- B---- was duly chosen by the qualified electors of the 
            State of ---- a Senator for the unexpired term ending at 
            noon on the 3d day of January, 20--, to fill the vacancy in 
            the representation from said State in the Senate of the 
            United States caused by the -- of C---- D----.
                ``Witness: His excellency our governor ----, and our 
            seal hereto affixed at ---- this -- day of --, in the year 
            of our Lord 20--.
                ``By the governor:
                                              ``E---- F----,
                                                         ``Governor.
                ``G---- H----,
                  ``Secretary of State.''

                            ``CERTIFICATE OF APPOINTMENT

            ``To the President of the Senate of the United States:
                ``This is to certify that, pursuant to the power vested 
            in me by the Constitution of the United States and the laws 
            of the State of ----, I, A---- B----, the governor of said 
            State, do hereby appoint C---- D---- a Senator from said 
            State to represent said State in the Senate of the United 
            States until the vacancy therein caused by the ---- of E---- 
            F----, is filled by election as provided by law.
                ``Witness: His excellency our governor ----, and our 
            seal hereto affixed at ---- this -- day of --, in the year 
            of our Lord 20--.
                ``By the governor:
                                              ``G---- H----,
                                                         ``Governor.
                ``I---- J----,
                  ``Secretary of State.''

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         3                            RULE III

                                        OATHS

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

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

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

         4                             RULE IV

                           COMMENCEMENT OF DAILY SESSIONS

      4.1a      1. (a) \2\ The Presiding Officer having taken the chair, 
            following the prayer by the Chaplain, and after the 
            Presiding Officer, or a Senator designated by the Presiding 
            Officer, leads the Senate from the dais in reciting the 
            Pledge of Allegiance to the Flag of the United States, and a 
            Quorum being present, the Journal of the preceding day shall 
            be read unless by nondebatable motion the reading shall be 
            waived, the question being, ``Shall the Journal stand 
            approved to date?'', and any mistake made in the entries 
            corrected. Except as provided in subparagraph (b) the 
            reading of the Journal shall not be suspended unless by 
            unanimous consent; and when any motion shall be made to 
            amend or correct the same, it shall be deemed a privileged 
            question, and proceeded with until disposed of.
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                \2\ As amended by S. Res. 28, 99-2, Feb. 27, 1986; S. 
            Res. 113, 106-1, June 23, 1999.
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      4.1b      (b) Whenever the Senate is proceeding under paragraph 2 
            of rule XXII, the reading of the Journal shall be dispensed 
            with and shall be considered approved to date.
      4.1c      (c) The proceedings of the Senate shall be briefly and 
            accurately stated on the Journal. Messages of the President 
            in full; titles of bills and resolutions, and such parts as 
            shall be affected by proposed amendments; every vote, and

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

         5                             RULE V

                        SUSPENSION AND AMENDMENT OF THE RULES

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

         6                             RULE VI

                       QUORUM--ABSENT SENATORS MAY BE SENT FOR

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

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            cess pursuant to a previous order entered by unanimous 
            consent, shall be in order.

         7                            RULE VII

                                  MORNING BUSINESS

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

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

       7.2      2. Until the morning business shall have been concluded, 
            and so announced from the Chair, or until one hour after the 
            Senate convenes at the beginning of a new legislative day, 
            no motion to proceed to the consideration of any bill, 
            resolution, report of a committee, or other subject upon the 
            Calendar shall be entertained by the Presiding Officer, 
            unless by unanimous consent: Provided, however, That on 
            Mondays which are the beginning of a legislative day the 
            Calendar shall be called under rule VIII, and until two 
            hours after the Senate convenes no motion shall be 
            entertained to proceed to the consideration of any bill, 
            resolution, or other subject upon the Calendar except the 
            motion to continue the consideration of a bill, resolution, 
            or other subject against objection as provided in rule VIII, 
            or until the call of the Calendar has been completed.
       7.3      3. The Presiding Officer may at any time lay, and it 
            shall be in order at any time for a Senator to move to lay, 
            before the Senate, any bill or other matter sent to the 
            Senate by the President or the House of Representatives for 
            appropriate action allowed under the rules and any question

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

         8                            RULE VIII

                                  ORDER OF BUSINESS

       8.1      1. At the conclusion of the morning business at the 
            beginning of a new legislative day, unless upon motion the 
            Senate shall at any time otherwise order, the Senate shall 
            proceed to the consideration of the Calendar of Bills and 
            Resolutions, and shall continue such consideration until 2 
            hours after the Senate convenes on such day (the end of the 
            morning hour); and bills and resolutions that are not ob

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

         9                             RULE IX

                                      MESSAGES

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

        10                             RULE X

                                   SPECIAL ORDERS

      10.1      1. Any subject may, by a vote of two-thirds of the 
            Senators present, be made a special order of business for 
            consideration and when the time so fixed for its 
            consideration

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

        11                             RULE XI

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

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

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            ceived from the House of Representatives, and all reports of 
            committees, shall be printed, unless, for the dispatch of 
            the business of the Senate, such printing may be dispensed 
            with.

        12                            RULE XII

                                  VOTING PROCEDURE

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


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        13                            RULE XIII

                                   RECONSIDERATION

      13.1      1. When a question has been decided by the Senate, any 
            Senator voting with the prevailing side or who has not voted 
            may, on the same day or on either of the next two days of 
            actual session thereafter, move a reconsideration; and if 
            the Senate shall refuse to reconsider such a motion entered, 
            or if such a motion is withdrawn by leave of the Senate, or 
            if upon reconsideration the Senate shall affirm its first 
            decision, no further motion to reconsider shall be in order 
            unless by unanimous consent. Every motion to reconsider 
            shall be decided by a majority vote, and may be laid on the 
            table without affecting the question in reference to which 
            the same is made, which shall be a final disposition of the 
            motion.
      13.2      2. When a bill, resolution, report, amendment, order, or 
            message, upon which a vote has been taken, shall have gone 
            out of the possession of the Senate and been communicated to 
            the House of Representatives, the motion to reconsider shall 
            be accompanied by a motion to request the House to return 
            the same; which last motion shall be acted upon immediately, 
            and without debate, and if determined in the negative shall 
            be a final disposition of the motion to reconsider.

        14                            RULE XIV

            BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO

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

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            may be read twice, if not objected to, on the same day for 
            reference, but shall not be considered on that day nor 
            debated, except for reference, unless by unanimous consent.
      14.4      4. Every bill and joint resolution reported from a 
            committee, not having previously been read, shall be read 
            once, and twice, if not objected to, on the same day, and 
            placed on the Calendar in the order in which the same may be 
            reported; and every bill and joint resolution introduced on 
            leave, and every bill and joint resolution of the House of 
            Representatives which shall have received a first and second 
            reading without being referred to a committee, shall, if 
            objection be made to further proceeding thereon, be placed 
            on the Calendar.
      14.5      5. All bills, amendments, and joint resolutions shall be 
            examined under the supervision of the Secretary of the 
            Senate before they go out of the possession of the Senate, 
            and all bills and joint resolutions which shall have passed 
            both Houses shall be examined under the supervision of the 
            Secretary of the Senate, to see that the same are correctly 
            enrolled, and, when signed by the Speaker of the House and 
            the President of the Senate, the Secretary of the Senate 
            shall forthwith present the same, when they shall have 
            originated in the Senate, to the President of the United 
            States and report the fact and date of such presentation to 
            the Senate.
      14.6      6. All other resolutions shall lie over one day for 
            consideration, if not referred, unless by unanimous consent 
            the Senate shall otherwise direct. When objection is heard 
            to the immediate consideration of a resolution or motion 
            when it is submitted, it shall be placed on the Calendar 
            under the heading of ``Resolutions and Motions over, under 
            the Rule,'' to be laid before the Senate on the next 
            legislative day when there is no further morning business 
            but before the close of morning business and before the 
            termination of the morning hour.
      14.7      7. When a bill or joint resolution shall have been 
            ordered to be read a third time, it shall not be in order to 
            propose amendments, unless by unanimous consent, but it 
            shall be in order at any time before the passage of any bill 
            or resolution to move its commitment; and when the bill or 
            resolution shall again be reported from the committee it 
            shall be placed on the Calendar.
      14.8      8. When a bill or resolution is accompanied by a 
            preamble, the question shall first be put on the bill or 
            resolu

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            tion and then on the preamble, which may be withdrawn by a 
            mover before an amendment of the same, or ordering of the 
            yeas and nays; or it may be laid on the table without 
            prejudice to the bill or resolution, and shall be a final 
            disposition of such preamble.
      14.9      9. Whenever a private bill, except a bill for a pension, 
            is under consideration, it shall be in order to move the 
            adoption of a resolution to refer the bill to the Chief 
            Commissioner of the Court of Claims for a report in 
            conformity with section 2509 of Title 28, United States 
            Code.
     14.10      10. No private bill or resolution (including so-called 
            omnibus claims or pension bills), and no amendment to any 
            bill or resolution, authorizing or directing (1) the payment 
            of money for property damages, personal injuries, or death, 
            for which a claim may be filed under chapter 171 of Title 
            28, United States Code, or for a pension (other than to 
            carry out a provision of law or treaty stipulation); (2) the 
            construction of a bridge across a navigable stream; or (3) 
            the correction of a military or naval record, shall be 
            received or considered.

        15                             RULE XV

                               AMENDMENTS AND MOTIONS

     15.1a      1. (a) \3\ An amendment and any instruction accompanying 
            a motion to recommit shall be reduced to writing and read 
            and identical copies shall be provided by the Senator 
            offering the amendment or instruction to the desks of the 
            Majority Leader and the Minority Leader before being 
            debated.
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                \3\ Pursuant to Pub. L. 110-81, Sep. 14, 2007, paragraph 
            1 was amended.
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     15.1b      (b) A motion shall be reduced to writing, if desired by 
            the Presiding Officer or by any Senator, and shall be read 
            before being debated.
      15.2      2. Any motion, amendment, or resolution may be withdrawn 
            or modified by the mover at any time before a decision, 
            amendment, or ordering of the yeas and nays, except a motion 
            to reconsider, which shall not be withdrawn without leave.
      15.3      3. If the question in debate contains several 
            propositions, any Senator may have the same divided, except 
            a motion to strike out and insert, which shall not be 
            divided; but the rejection of a motion to strike out and 
            insert one proposition shall not prevent a motion to strike 
            out and insert

[[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--
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                \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.
                3.\6\ If a cloture motion on a motion to proceed to a 
            measure or matter is presented in accordance with this rule 
            and is signed by 16 Senators, including the Majority Leader, 
            the Minority Leader, 7 additional Senators not affiliated 
            with the majority, and 7 additional Senators not affiliated 
            with the minority, one hour after the Senate meets on the 
            following calendar day, the Presiding Officer, or the clerk 
            at the direction of the Presiding Officer, shall lay the 
            motion before the Senate. If cloture is then invoked on the 
            motion to proceed, the question shall be on the motion to 
            proceed, without further debate.
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                \6\ As amended by S. Res. 16, 113-1, Jan. 24, 2013.


[[Page 23]]

        23                           RULE XXIII

                               PRIVILEGE OF THE FLOOR

      23.1      1.\7\ Other than the Vice President and Senators, no 
            person shall be admitted to the floor of the Senate while in 
            session, except as follows:
---------------------------------------------------------------------------
                \7\ 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.
                        Judges of the Supreme Court.
                        Ex-Senators and Senators elect, except as 
                    provided in paragraph 2.\8\
---------------------------------------------------------------------------
                \8\ 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.\9\
---------------------------------------------------------------------------
                \9\ 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.\10\
---------------------------------------------------------------------------
                \10\ 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.

[[Page 24]]

                        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.

     23.2a      2. (a) \11\  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--
---------------------------------------------------------------------------
                \11\ 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 de

[[Page 25]]

            mand 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.
      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.

[[Page 26]]

                        12. Human nutrition.
                        13. Inspection of livestock, meat, and 
                    agricultural products.
                        14. Pests and pesticides.
                        15. Plant industry, soils, and agricultural 
                    engineering.
                        16. Rural development, rural electrification, 
                    and watersheds.
                        17. School nutrition programs.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to food, nutrition, 
            and hunger, both in the United States and in foreign 
            countries, and rural affairs, and report thereon from time 
            to time.
     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.

[[Page 27]]

                        4. Maintenance and operation of the Panama 
                    Canal, including administration, sanitation, and 
                    government of the Canal Zone.
                        5. Military research and development.
                        6. National security aspects of nuclear energy.
                        7. Naval petroleum reserves, except those in 
                    Alaska.
                        8. Pay, promotion, retirement, and other 
                    benefits and privileges of members of the Armed 
                    Forces, including overseas education of civilian and 
                    military dependents.
                        9. Selective service system.
                        10. Strategic and critical materials necessary 
                    for the common defense.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to the common defense 
            policy of the United States, and report thereon from time to 
            time.
     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.

[[Page 28]]



     25.1e      (e)(1) \12\ 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.
---------------------------------------------------------------------------
                \12\ 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;
                        (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).

[[Page 29]]

                        13. Regulation of consumer products and 
                    services, including testing related to toxic 
                    substances, other than pesticides, and except for 
                    credit, financial services, and housing.
                        14. Regulation of interstate common carriers, 
                    including railroads, buses, trucks, vessels, 
                    pipelines, and civil aviation.
                        15. Science, engineering, and technology 
                    research and development and policy.
                        16. Sports.
                        17. Standards and measurement.
                        18. Transportation.
                        19. Transportation and commerce aspects of Outer 
                    Continental Shelf lands.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, all matters relating to science and 
            technology, oceans policy, transportation, communications, 
            and consumer affairs, and report thereon from time to time.
     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.

[[Page 30]]

                        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.
                        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.

[[Page 31]]

                        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, 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.

[[Page 32]]

                        14. Oceans and international environmental and 
                    scientific affairs as they relate to foreign policy.
                        15. Protection of United States citizens abroad 
                    and expatriation.
                        16. Relations of the United States with foreign 
                    nations generally.
                        17. Treaties and executive agreements, except 
                    reciprocal trade agreements.
                        18. United Nations and its affiliated 
                    organizations.
                        19. World Bank group, the regional development 
                    banks, and other international organizations 
                    established primarily for development assistance 
                    purposes.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to the national 
            security policy, foreign policy, and international economic 
            policy as it relates to foreign policy of the United States, 
            and matters relating to food, hunger, and nutrition in 
            foreign countries, and report thereon from time to time.
     25.1k      (k)(1) \13\ Committee on Governmental Affairs, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
---------------------------------------------------------------------------
                \13\ 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.

[[Page 33]]

                        11. Postal Service.
                        12. Status of officers and employees of the 
                    United States, including their classification, 
                    compensation, and benefits.
                (2) Such committee shall have the duty of--
                        (A) receiving and examining reports of the 
                    Comptroller General of the United States and of 
                    submitting such recommendations to the Senate as it 
                    deems necessary or desirable in connection with the 
                    subject matter of such reports;
                        (B) studying the efficiency, economy, and 
                    effectiveness of all agencies and departments of the 
                    Government;
                        (C) evaluating the effects of laws enacted to 
                    reorganize the legislative and executive branches of 
                    the Government; and
                        (D) studying the intergovernmental relationships 
                    between the United States and the States and 
                    municipalities, and between the United States and 
                    international organizations of which the United 
                    States is a member.
     25.1l      (l)(1) \14\ 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:
---------------------------------------------------------------------------
                \14\ 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.\15\
---------------------------------------------------------------------------
                \15\ As amended, S. Res. 28, 106-1, Jan. 21, 1999.
---------------------------------------------------------------------------
                        12. Labor standards and labor statistics.
                        13. Mediation and arbitration of labor disputes.

[[Page 34]]

                        14. Occupational safety and health, including 
                    the welfare of miners.
                        15. Private pension plans.
                        16. Public health.
                        17. Railway labor and retirement.
                        18. Regulation of foreign laborers.
                        19. Student loans.
                        20. Wages and hours of labor.
                (2) Such committee shall also study and review, on a 
            comprehensive basis, matters relating to health, education 
            and training, and public welfare, and report thereon from 
            time to time.
     25.1m      (m) \16\ Committee on the Judiciary, to which committee 
            shall be referred all proposed legislation, messages, 
            petitions, memorials, and other matters relating to the 
            following subjects:
---------------------------------------------------------------------------
                \16\ 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:

[[Page 35]]

                        1. Administration of the Senate Office Buildings 
                    and the Senate wing of the Capitol, including the 
                    assignment of office space.
                        2. Congressional organization relative to rules 
                    and procedures, and Senate rules and regulations, 
                    including floor and gallery rules.
                        3. Corrupt practices.
                        4. Credentials and qualifications of Members of 
                    the Senate, contested elections, and acceptance of 
                    incompatible offices.
                        5. Federal elections generally, including the 
                    election of the President, Vice President, and 
                    Members of the Congress.
                        6. Government Printing Office, and the printing 
                    and correction of the Congressional Record, as well 
                    as those matters provided for under rule XI.
                        7. Meetings of the Congress and attendance of 
                    Members.
                        8. Payment of money out of the contingent fund 
                    of the Senate or creating a charge upon the same 
                    (except that any resolution relating to substantive 
                    matter within the jurisdiction of any other standing 
                    committee of the Senate shall be first referred to 
                    such committee).
                        9. Presidential succession.
                        10. Purchase of books and manuscripts and 
                    erection of monuments to the memory of individuals.
                        11. Senate Library and statuary, art, and 
                    pictures in the Capitol and Senate Office Buildings.
                        12. Services to the Senate, including the Senate 
                    restaurant.
                        13. United States Capitol and congressional 
                    office buildings, the Library of Congress, the 
                    Smithsonian Institution (and the incorporation of 
                    similar institutions), and the Botanic Gardens.
                (2) Such committee shall also--
                        (A) make a continuing study of the organization 
                    and operation of the Congress of the United States 
                    and shall recommend improvements in such 
                    organization and operation with a view toward 
                    strengthening the Congress, simplifying its 
                    operations, improving its relationships with other 
                    branches of the United States Government, and 
                    enabling it better to meet its responsibilities 
                    under the Constitution of the United States;

[[Page 36]]

                        (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) \17\ develop, implement, and update as 
                    necessary a strategy planning process and a 
                    strategic plan for the functional and technical 
                    infrastructure support of the Senate and provide 
                    oversight over plans developed by Senate officers 
                    and others in accordance with the strategic planning 
                    process.
---------------------------------------------------------------------------
                \17\ As added, S. Res. 151, 105-1, Nov. 9, 1997.

     25.1o      (o)(1) \18\ 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.
---------------------------------------------------------------------------
                \18\ 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) \19\ Committee on Veterans' Affairs, to which 
            committee shall be referred all proposed legislation, 
            messages, petitions, memorials, and other matters relating 
            to the following subjects:
---------------------------------------------------------------------------
                \19\ Redesignated as subparagraph (p) by S. Res. 101, 
            97-1, Mar. 25, 1981.
---------------------------------------------------------------------------
                        1. Compensation of veterans.

[[Page 37]]

                        2. Life insurance issued by the Government on 
                    account of service in the Armed Forces.
                        3. National cemeteries.
                        4. Pensions of all wars of the United States, 
                    general and special.
                        5. Readjustment of servicemen to civil life.
                        6. Soldiers' and sailors' civil relief.
                        7. Veterans' hospitals, medical care and 
                    treatment of veterans.
                        8. Veterans' measures generally.
                        9. Vocational rehabilitation and education of 
                    veterans.
      25.2      2. \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. 
            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) \21\ Except as otherwise provided by paragraph 4 
            of this rule, each of the following standing committees 
            shall consist of the number of Senators set forth in the 
            following

[[Page 38]]

            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. 
            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) \22\ 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:
---------------------------------------------------------------------------
                \22\ 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: \23\
                                                                  Members

                    Aging.........................................    18
                    Intelligence..................................    19
                    Joint Economic Committee......................    10
---------------------------------------------------------------------------
                \23\ 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) \24\ 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:
---------------------------------------------------------------------------
                \24\ 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.

[[Page 39]]

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

[[Page 40]]

                (2) No Senator shall serve at any time as chairman of 
            more than one subcommittee of each standing, select, or 
            special committee of the Senate or joint committee of the 
            Congress of which he is a member.
                (3) A Senator who is serving as the chairman of a 
            committee listed in paragraph 2 may serve at any time as the 
            chairman of only one subcommittee of all committees listed 
            in paragraph 2 of which he is a member and may serve at any 
            time as the chairman of only one subcommittee of each 
            committee listed in paragraph 3 (a) or (b) of which he is a 
            member. A Senator who is serving as the chairman of a 
            committee listed in paragraph 3 (a) or (b) may not serve as 
            the chairman of any subcommittee of that committee, and may 
            serve at any time as the chairman of only one subcommittee 
            of each committee listed in paragraph 2 of which he is a 
            member. Any other Senator may serve as the chairman of only 
            one subcommittee of each committee listed in paragraph 2, 
            3(a), or 3(b) of which he is a member.
     25.4f      (f) A Senator serving on the Committee on Rules and 
            Administration may not serve on any joint committee of the 
            Congress unless the Senate members thereof are required by 
            law to be appointed from the Committee on Rules and 
            Administration, or unless such Senator served on the 
            Committee on Rules and Administration and the Joint 
            Committee on Taxation on the last day of the Ninety-eighth 
            Congress.\25\
---------------------------------------------------------------------------
                \25\ 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

[[Page 41]]

            date on which the appointment of the majority and minority 
            members of the Committee on Governmental Affairs is 
            initially completed.\26\
---------------------------------------------------------------------------
                \26\ 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.
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     25.4h                *     *     *     *     *     *     *

        26                            RULE XXVI

                                 COMMITTEE PROCEDURE

      26.1      1.\27\ 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.\28\ The expenses of the committee 
            shall be paid from the contingent fund of the Senate upon 
            vouchers approved by the chairman.
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                \27\ As amended, S. Res. 281, 96-2, Mar. 11, 1980, 
            effective Feb. 28, 1981.
                \28\ Pursuant to 2 U.S.C. 4331 (See Senate Manual Sec. 
            831), the Committee on Rules and Administration issues 
            ``Regulations Governing Rates Payable to Commercial 
            Reporting Firms for Reporting Committee Hearings in the 
            Senate.'' Copies of the regulations currently in effect may 
            be obtained from the Committee.
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      26.2      2. \29\ Each committee \30\ 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

[[Page 42]]

            until the amendment is published in the Congressional 
            Record.
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                \29\ As amended, S. Res. 250, 101-2, Mar. 1, 1990.
                \30\ The term ``each committee'' when used in these 
            rules includes standing, select, and special committees 
            unless otherwise specified.
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      26.3      3. Each standing committee (except the Committee on 
            Appropriations) shall fix regular weekly, biweekly, or 
            monthly meeting days for the transaction of business before 
            the committee and additional meetings may be called by the 
            chairman as he may deem necessary. If at least three members 
            of any such committee desire that a special meeting of the 
            committee be called by the chairman, those members may file 
            in the offices of the committee their written request to the 
            chairman for that special meeting. Immediately upon the 
            filing of the request, the clerk of the committee shall 
            notify the chairman of the filing of the request. If, within 
            three calendar days after the filing of the request, the 
            chairman does not call the requested special meeting, to be 
            held within seven calendar days after the filing of the 
            request, a majority of the members of the committee may file 
            in the offices of the committee their written notice that a 
            special meeting of the committee will be held, specifying 
            the date and hour of that special meeting. The committee 
            shall meet on that date and hour. Immediately upon the 
            filing of the notice, the clerk of the committee shall 
            notify all members of the committee that such special 
            meeting will be held and inform them of its date and hour. 
            If the chairman of any such committee is not present at any 
            regular, additional, or special meeting of the committee, 
            the ranking member of the majority party on the committee 
            who is present shall preside at that meeting.
     26.4a      4. (a) Each committee (except the Committee on 
            Appropriations and the Committee on the Budget) shall make 
            public announcement of the date, place, and subject matter 
            of any hearing to be conducted by the committee on any 
            measure or matter at least one week before the commencement 
            of that hearing unless the committee determines that there 
            is good cause to begin such hearing at an earlier date.
     26.4b      (b) Each committee (except the Committee on 
            Appropriations) shall require each witness who is to appear 
            before the committee in any hearing to file with the clerk 
            of the 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

[[Page 43]]

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

[[Page 44]]

            the meeting to be closed, followed immediately by a record 
            vote in open session by a majority of the members of the 
            committee or subcommittee when it is determined that the 
            matters to be discussed or the testimony to be taken at such 
            meeting or meetings--
                        (1) will disclose matters necessary to be kept 
                    secret in the interests of national defense or the 
                    confidential conduct of the foreign relations of the 
                    United States;
                        (2) will relate solely to matters of committee 
                    staff personnel or internal staff management or 
                    procedure;
                        (3) will tend to charge an individual with crime 
                    or misconduct, to disgrace or injure the 
                    professional standing of an individual, or otherwise 
                    to expose an individual to public contempt or 
                    obloquy, or will represent a clearly unwarranted 
                    invasion of the privacy of an individual;
                        (4) will disclose the identity of any informer 
                    or law enforcement agent or will disclose any 
                    information relating to the investigation or 
                    prosecution of a criminal offense that is required 
                    to be kept secret in the interests of effective law 
                    enforcement;
                        (5) will disclose information relating to the 
                    trade secrets of financial or commercial information 
                    pertaining specifically to a given person if--
                                (A) an Act of Congress requires the 
                            information to be kept confidential by 
                            Government officers and employees; or
                                (B) the information has been obtained by 
                            the Government on a confidential basis, 
                            other than through an application by such 
                            person for a specific Government financial 
                            or other benefit, and is required to be kept 
                            secret in order to prevent undue injury to 
                            the competitive position of such person; or
                        (6) may divulge matters required to be kept 
                    confidential under other provisions of law or 
                    Government regulations.

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

[[Page 45]]

            enforce order on his own initiative and without any point of 
            order being made by a Senator. When the Chair finds it 
            necessary to maintain order, he shall have the power to 
            clear the room, and the committee may act in closed session 
            for so long as there is doubt of the assurance of order.
     26.5e      (e)(1) \31\ 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.
---------------------------------------------------------------------------
                \31\ Subparagraph (e)(1) numbered pursuant to Pub. L. 
            110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
                (2)(A) \32\ 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.
---------------------------------------------------------------------------
                \32\ Clause (2) added pursuant to Pub. L. 110-81, Sep. 
            14, 2007, effective 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 member

[[Page 46]]

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

[[Page 47]]


     26.8a      8. (a) In order to assist the Senate in--
                        (1) its analysis, appraisal, and evaluation of 
                    the application, administration, and execution of 
                    the laws enacted by the Congress, and
                        (2) its formulation, consideration, and 
                    enactment of such modifications of or changes in 
                    those laws, and of such additional legislation, as 
                    may be necessary or appropriate, each standing 
                    committee (except the Committees on Appropriations 
                    and the Budget), shall review and study, on a 
                    continuing basis the application, administration, 
                    and execution of those laws, or parts of laws, the 
                    subject matter of which is within the legislative 
                    jurisdiction of that committee. Such committees may 
                    carry out the required analysis, appraisal, and 
                    evaluation themselves, or by contract, or may 
                    require a government agency to do so and furnish a 
                    report thereon to the Senate. Such committees may 
                    rely on such techniques as pilot testing, analysis 
                    of costs in comparison with benefits, or provision 
                    for evaluation after a defined period of time.
     26.8b      (b) In each odd-numbered year, each such committee shall 
            submit, not later than March 31, to the Senate, a report on 
            the activities of that committee under this paragraph during 
            the Congress ending at noon on January 3 of such year.
     26.9a      9.\33\ (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

[[Page 48]]

            fund of the Senate during that year only by reporting a 
            supplemental authorization resolution. Each supplemental 
            authorization resolution reported by a committee shall amend 
            the annual authorization resolution of such committee for 
            that year and shall be accompanied by a report specifying 
            with particularity the purpose for which such authorization 
            is sought and the reason why such authorization could not 
            have been sought at the time of the submission by such 
            committee of its annual authorization resolution for that 
            year.
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                \33\ 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 inten

[[Page 49]]

            tion to file supplemental, minority, or additional views, 
            that member shall be entitled to not less than three 
            calendar days in which to file such views, in writing, with 
            the clerk of the committee. All such views so filed by one 
            or more members of the committee shall be included within, 
            and shall be a part of, the report filed by the committee 
            with respect to that measure or matter. The report of the 
            committee upon that measure or matter shall be printed in a 
            single volume which--
                        (1) shall include all supplemental, minority, or 
                    additional views which have been submitted by the 
                    time of the filing of the report, and
                        (2) shall bear upon its cover a recital that 
                    supplemental, minority, or additional views are 
                    included as part of the report.

                This subparagraph does not preclude--
                        (A) the immediate filing and printing of a 
                    committee report unless timely request for the 
                    opportunity to file supplemental, minority, or 
                    additional views has been made as provided by this 
                    subparagraph; or
                        (B) the filing by any such committee of any 
                    supplemental report upon any measure or matter which 
                    may be required for the correction of any technical 
                    error in a previous report made by that committee 
                    upon that measure or matter.
    26.11a      11. (a) The report accompanying each bill or joint 
            resolution of a public character reported by any committee 
            (except the Committee on Appropriations and the Committee on 
            the Budget) shall contain--
                        (1) an estimate, made by such committee, of the 
                    costs which would be incurred in carrying out such 
                    bill or joint resolution in the fiscal year in which 
                    it is reported and in each of the five fiscal years 
                    following such fiscal year (or for the authorized 
                    duration of any program authorized by such bill or 
                    joint resolution, if less than five years), except 
                    that, in the case of measures affecting the 
                    revenues, such reports shall require only an 
                    estimate of the gain or loss in revenues for a one-
                    year period; and
                        (2) a comparison of the estimate of costs 
                    described in subparagraph (1) made by such committee 
                    with any estimate of costs made by any Federal 
                    agency; or

[[Page 50]]

                        (3) in lieu of such estimate or comparison, or 
                    both, a statement of the reasons why compliance by 
                    the committee with the requirements of subparagraph 
                    (1) or (2), or both, is impracticable.
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                Note.--Each report accompanying any bill or joint 
            resolution relating to terms and conditions of employment or 
            access to public services or accommodations reported by a 
            committee of the House of Representatives or the Senate 
            shall describe the manner in which the provisions of the 
            bill or joint resolution apply to the legislative branch; or 
            in the case of a provision not applicable to the legislative 
            branch, include a statement of the reasons the provision 
            does not apply. 
            (Pub. L. 104-1, Title I, Sec. 102, Jan. 23, 1995, 109 Stat. 
            5.) See Senate Manual Sec. 547.
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    26.11b      (b) Each such report (except those by the Committee on 
            Appropriations) shall also contain--
                        (1) an evaluation, made by such committee, of 
                    the regulatory impact which would be incurred in 
                    carrying out the bill or joint resolution. The 
                    evaluation shall include (A) an estimate of the 
                    numbers of individuals and businesses who would be 
                    regulated and a determination of the groups and 
                    classes of such individuals and businesses, (B) a 
                    determination of the economic impact of such 
                    regulation on the individuals, consumers, and 
                    businesses affected, (C) a determination of the 
                    impact on the personal privacy of the individuals 
                    affected, and (D) a determination of the amount of 
                    additional paperwork that will result from the 
                    regulations to be promulgated pursuant to the bill 
                    or joint resolution, which determination may 
                    include, but need not be limited to, estimates of 
                    the amount of time and financial costs required of 
                    affected parties, showing whether the effects of the 
                    bill or joint resolution could be substantial, as 
                    well as reasonable estimates of the recordkeeping 
                    requirements that may be associated with the bill or 
                    joint resolution; or
                        (2) in lieu of such evaluation, a statement of 
                    the reasons why compliance by the committee with the 
                    requirements of clause (1) is impracticable.

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

[[Page 51]]

            port or in an accompanying document (to be prepared by the 
            staff of such committee) (a) the text of the statute or part 
            thereof which is proposed to be repealed; and (b) a 
            comparative print of that part of the bill or joint 
            resolution making the amendment and of the statute or part 
            thereof proposed to be amended, showing by stricken-through 
            type and italics, parallel columns, or other appropriate 
            typographical devices the omissions and insertions which 
            would be made by the bill or joint resolution if enacted in 
            the form recommended by the committee. This paragraph shall 
            not apply to any such report in which it is stated that, in 
            the opinion of the committee, it is necessary to dispense 
            with the requirements of this subsection to expedite the 
            business of the Senate.
    26.13a      13. (a) Each committee (except the Committee on 
            Appropriations) which has legislative jurisdiction shall, in 
            its consideration of all bills and joint resolutions of a 
            public character within its jurisdiction, endeavor to insure 
            that--
                        (1) all continuing programs of the Federal 
                    Government and of the government of the District of 
                    Columbia, within the jurisdiction of such committee 
                    or joint committee, are designed; and
                        (2) all continuing activities of Federal 
                    agencies, within the jurisdiction of such committee 
                    or joint committee, are carried on; so that, to the 
                    extent consistent with the nature, requirements, and 
                    objectives of those programs and activities, 
                    appropriations therefor will be made annually.
    26.13b      (b) Each committee (except the Committee on 
            Appropriations) shall with respect to any continuing program 
            within its jurisdiction for which appropriations are not 
            made annually, review such program, from time to time, in 
            order to ascertain whether such program could be modified so 
            that appropriations therefor would be made annually.

        27                           RULE XXVII

                                   COMMITTEE STAFF

      27.1      1.\34\ Staff members appointed to assist minority 
            members of committees pursuant to authority of a resolution 
            described in paragraph 9 of rule XXVI or other Senate resolu

[[Page 52]]

            tion shall be accorded equitable treatment with respect to 
            the fixing of salary rates, the assignment of facilities, 
            and the accessibility of committee records.
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                \34\ As amended, S. Res. 281, 96-2, Mar. 11, 1980, 
            effective Feb. 28, 1981.
                Note.--Pursuant to S. Res. 281, paragraph 1 of rule 
            XXVII was repealed. Accordingly, subparagraphs (a), (b), 
            (c), and (d) of paragraph 2 were renumbered as paragraphs 1, 
            2, 3, and 4, respectively.
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      27.2      2. The minority shall receive fair consideration in the 
            appointment of staff personnel pursuant to authority of a 
            resolution described in paragraph 9 of rule XXVI.
      27.3      3. The staffs of committees (including personnel 
            appointed pursuant to authority of a resolution described in 
            paragraph 9 of rule XXVI or other Senate resolution) should 
            reflect the relative number of majority and minority members 
            of committees. A majority of the minority members of any 
            committee may, by resolution, request that at least one-
            third of all funds of the committee for personnel (other 
            than those funds determined by the chairman and ranking 
            minority member to be allocated for the administrative and 
            clerical functions of the committee as a whole) be allocated 
            to the minority members of such committee for compensation 
            of minority staff as the minority members may decide. The 
            committee shall thereafter adjust its budget to comply with 
            such resolution. Such adjustment shall be equitably made 
            over a four-year period, commencing July 1, 1977, with not 
            less than one-half being made in two years. Upon request by 
            a majority of the minority members of any committee by 
            resolution, proportionate space, equipment, and facilities 
            shall be provided for such minority staff.
      27.4      4. No committee shall appoint to its staff any experts 
            or other personnel detailed or assigned from any department 
            or agency of the Government, except with the written 
            permission of the Committee on Rules and Administration.

        28                           RULE XXVIII

                    CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS

      28.1      1.\35\ The presentation of reports of committees of 
            conference shall always be in order when available on each 
            Senator's desk except when the Journal is being read or a 
            question of order or a motion to adjourn is pending, or 
            while the Senate is voting or ascertaining the presence of a 
            quorum; and when received the question of proceeding to the 
            consideration of the report, if raised, shall be immediately 
            put, and shall be determined without debate.
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                \35\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.

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[[Page 53]]

                2.\36\ (a) When a message from the House of 
            Representatives is laid before the Senate, it shall be in 
            order for a single, non-divisible motion to be made that 
            includes--
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                \36\ Paragraph 2 added pursuant to S. Res. 16, 113-1, 
            Jan. 24, 2013.
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                          (1) a motion to disagree to a House amendment 
                    or insist upon a Senate amendment;
                          (2) a motion to request a committee of 
                    conference with the House or to agree to a request 
                    by the House for a committee of conference; and
                          (3) a motion to authorize the Presiding 
                    Officer to appoint conferees (or a motion to appoint 
                    conferees).
                (b) If a cloture motion is presented on a motion made 
            pursuant to subparagraph (a), the motion shall be debatable 
            for no more than 2 hours, equally divided in the usual form, 
            after which the Presiding Officer, or the clerk at the 
            direction of the Presiding Officer, shall lay the motion 
            before the Senate. If cloture is then invoked on the motion, 
            the question shall be on the motion, without further debate.
     28.2a      3. (a) \37\ Conferees shall not insert in their report 
            matter not committed to them by either House, nor shall they 
            strike from the bill matter agreed to by both Houses.
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                \37\ Paragraphs 3 and 4 amended pursuant to Pub. L. 110-
            81, Sep. 14, 2007, and paragraphs 5-6 were added. Paragraphs 
            3 through 6 renumbered and amended pursuant to S. Res. 16, 
            113-1, Jan. 24, 2013.
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     28.2b      (b) If matter which was agreed to by both Houses is 
            stricken from the bill a point of order may be made against 
            the report, and if the point of order is sustained, the 
            report 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 5.
     28.3a      4. (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.

[[Page 54]]



     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 5.
     28.4a      5. (a) A Senator may raise a point of order that one or 
            more provisions of a conference report violates paragraph 3 
            or paragraph 4, 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      6. (a) Any Senator may move to waive any or all points 
            of order under paragraph 3 or 4 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.
     28.5b      (b) All appeals from rulings of the Chair under 
            paragraph 5 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 5.

[[Page 55]]


      28.6      7.\38\ 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.
---------------------------------------------------------------------------
                \38\ Paragraphs 7 through 9 renumbered pursuant to Pub. 
            L. 110-81, Sep. 14, 2007, and paragraph 10 was added. 
            Paragraphs 7 through 10 renumbered pursuant to S. Res. 16, 
            113-1, Jan. 24, 2013.
---------------------------------------------------------------------------
      28.7      8. 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      9. 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      10. (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.
                (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

[[Page 56]]

            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, 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.

[[Page 57]]


      29.5      5.\39\ 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.
---------------------------------------------------------------------------
                \39\ 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) \40\ When a treaty is reported from a committee with 
            or without amendment, it shall, unless the Senate 
            unanimously otherwise directs, lie over one day for 
            consideration; after which it may be read a second time, 
            after which amendments may be proposed. At any stage of such 
            proceedings the Senate may remove the injunction of secrecy 
            from the treaty.
---------------------------------------------------------------------------
                \40\ 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-

[[Page 58]]

            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 
            executive session, in which case all subsequent proceedings 
            with respect to said nomination, treaty, or other matter 
            shall be kept secret: Provided, That the injunction of 
            secrecy as to the whole or any part of proceedings in closed 
            executive session may be removed on motion adopted by a 
            majority vote of the Senate in closed executive session: 
            Provided further, That any Senator may make public his vote 
            in closed executive session.
      31.3      3. When a nomination is confirmed or rejected, any 
            Senator voting in the majority may move for a 
            reconsideration on the same day on which the vote was taken, 
            or on either of the next two days of actual executive 
            session of the Senate; but if a notification of the 
            confirmation or rejection of a nomination shall have been 
            sent to the President before the expiration of the time 
            within which a motion to reconsider may be made, the motion 
            to reconsider shall

[[Page 59]]

            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 
            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.


[[Page 60]]

        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 
            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

[[Page 61]]

            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) \41\ 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.
---------------------------------------------------------------------------
                \41\ 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.\42\ In addition to the requirements of paragraph 1, 
            Members, officers, and employees of the Senate shall include 
            in each report filed under paragraph 1\43\ the following 
            additional information:
---------------------------------------------------------------------------
                \42\ 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.
                \43\ 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:
                                (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\44\ as follows:
---------------------------------------------------------------------------
                \44\ 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;

[[Page 62]]

                                (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.\45\ In addition to the requirements of paragraph 1, 
            Members, officers, and employees of the Senate shall include 
            in each report filed under paragraph 1 \46\ 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.
---------------------------------------------------------------------------
                \45\ Effective with respect to reports filed under Title 
            I of the Ethics in Government Act of 1978 for calendar year 
            1996 and thereafter.
                \46\ Renumbered pursuant to S. Res. 198, 104-1, Dec. 7, 
            1995.

        35                            RULE XXXV

                                     GIFTS \47\
---------------------------------------------------------------------------

                \47\ 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) \48\ 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

[[Page 63]]

            $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.
---------------------------------------------------------------------------
                \48\ 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.
     35.1c      (c) The restrictions in subparagraph (a) shall not apply 
            to the following:
                        (1)(A) \49\ Anything for which the Member, 
                    officer, or employee pays the market value, or does 
                    not use and promptly returns to the donor.
---------------------------------------------------------------------------
                \49\ 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 equiv

[[Page 64]]

                    alent 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) \50\ 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.
---------------------------------------------------------------------------
                \50\ 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.
                        (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 
                    organi

[[Page 65]]

                    zation 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).\51\
---------------------------------------------------------------------------
                \51\ As amended, S. Res. 198, 104-1, Dec. 7, 1995. See 
            Senate Manual Sec. 1180, for definitions.
---------------------------------------------------------------------------
                        (4)(A) Anything, including personal 
                    hospitality,\52\ 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.
---------------------------------------------------------------------------
                \52\ 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 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--

[[Page 66]]

                                (A) resulting from the outside business 
                            or employment activities (or other outside 
                            activities that are not connected to the 
                            duties of the Member, officer, or employee 
                            as an officeholder) of the Member, officer 
                            or employee, or the spouse of the Member, 
                            officer, or employee, if such benefits have 
                            not been offered or enhanced because of the 
                            official position of the Member, officer, or 
                            employee and are customarily provided to 
                            others in similar circumstances;
                                (B) customarily provided by a 
                            prospective employer in connection with bona 
                            fide employment discussions; or
                                (C) provided by a political organization 
                            described in section 527(e) of the Internal 
                            Revenue Code of 1986 in connection with a 
                            fundraising or campaign event sponsored by 
                            such an organization.
                        (8) Pension and other benefits resulting from 
                    continued participation in an employee welfare and 
                    benefits plan maintained by a former employer.
                        (9) Informational materials that are sent to the 
                    office of the Member, officer, or employee in the 
                    form of books, articles, periodicals, other written 
                    materials, audiotapes, videotapes, or other forms of 
                    communication.
                        (10) Awards or prizes which are given to 
                    competitors in contests or events open to the 
                    public, including random drawings.
                        (11) Honorary degrees (and associated travel, 
                    food, refreshments, and entertainment) and other 
                    bona fide, nonmonetary awards presented in 
                    recognition of public service (and associated food, 
                    refreshments, and entertainment provided in the 
                    presentation of such degrees and awards).
                        (12) Donations of products from the State that 
                    the Member represents that are intended primarily 
                    for promotional purposes, such as display or free 
                    distribution, and are of minimal value to any 
                    individual recipient.
                        (13) Training (including food and refreshments 
                    furnished to all attendees as an integral part of 
                    the training) provided to a Member, officer, or 
                    employee, if such training is in the interest of the 
                    Senate.

[[Page 67]]

                        (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) 
                    \53\ of an individual other than a registered 
                    lobbyist or agent of a foreign principal.
---------------------------------------------------------------------------
                \53\ 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 
                            discriminates among Government employees on 
                            the basis of branch of Government or type of 
                            responsibility, or on a basis that favors 
                            those of higher rank or rate of pay;
                                (E) in the form of loans from banks and 
                            other financial institutions on terms 
                            generally available to the public; or
                                (F) in the form of reduced membership or 
                            other fees for participation in organization 
                            activities offered to all Government 
                            employees by professional organizations if 
                            the only restrictions on membership relate 
                            to professional qualifications.

[[Page 68]]

                        (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) \54\ Subject to the restrictions in 
                    subparagraph (a)(2)(A), free attendance at a 
                    constituent event permitted pursuant to subparagraph 
                    (g).
---------------------------------------------------------------------------
                \54\ 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 
            similarly accompanied or if such attendance is appropriate 
            to assist in the representation of the Senate.
                (3) A Member, officer, or employee, or the spouse or 
            dependent thereof, may accept a sponsor's unsolicited offer 
            of free attendance at a charity event, except that 
            reimbursement for transportation and lodging may not be 
            accepted in connection with an event that does not meet the 
            standards provided in paragraph 2.
                (4) For purposes of this paragraph, the term ``free 
            attendance'' may include waiver of all or part of a 
            conference or other fee, the provision of local 
            transportation, or the provision of food, refreshments, 
            entertainment, and instructional materials furnished to all 
            attendees as an inte

[[Page 69]]

            gral part of the event. The term does not include 
            entertainment collateral to the event, nor does it include 
            food or refreshments taken other than in a group setting 
            with all or substantially all other attendees.
                (5) \55\ 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.
---------------------------------------------------------------------------
                \55\ 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) \56\ 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--
---------------------------------------------------------------------------
                \56\ Subparagraph (g) was added pursuant to Pub. L. 110-
            81, Sep. 14, 2007.
---------------------------------------------------------------------------
                        (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 mat

[[Page 70]]

                    ters 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.\57\ (a)(1)\58\ 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 
            prohibited by this rule, if the Member, officer, or employee 
            complies with the requirements of this paragraph.
---------------------------------------------------------------------------
                \57\ (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.)
                \58\ Subparagraph (a)(1) was amended pursuant to Pub. L. 
            110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
                (2)(A) \59\ 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--
---------------------------------------------------------------------------
                \59\ 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 attend

[[Page 71]]

                    ance 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) \60\ 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.
---------------------------------------------------------------------------
                \60\ Clause (3) was renumbered and amended pursuant to 
            Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
     35.2b      (b) \61\ Before an employee may accept reimbursement 
            pursuant to subparagraph (a), the employee shall receive 
            advance 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--
---------------------------------------------------------------------------
                \61\ 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) \62\ Each Member, officer, or employee that receives 
            reimbursement under this paragraph shall disclose the ex

[[Page 72]]

            penses 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--
---------------------------------------------------------------------------
                \62\ 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) \63\ a description of meetings and events 
                    attended; and
---------------------------------------------------------------------------
                \63\ Clause (6) added pursuant to Pub. L. 110-81, Sep. 
            14, 2007.
---------------------------------------------------------------------------
                        (7) \64\ in the case of a reimbursement to a 
                    Member or officer, a determination that the travel 
                    was in connection with the duties of the Member or 
                    officer as an officeholder and would not create the 
                    appearance that the Member or officer is using 
                    public office for private gain.
---------------------------------------------------------------------------
                \64\ Clause (7) renumbered pursuant to Pub. L. 110-81, 
            Sep. 14, 2007.
---------------------------------------------------------------------------

     35.2d      (d)(1) \65\ 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--
---------------------------------------------------------------------------
                \65\ 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 Mem

[[Page 73]]

                    ber, 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) \66\ A Member, officer, or employee shall, before 
            accepting travel otherwise permissible under this paragraph 
            from any source--
---------------------------------------------------------------------------
                \66\ 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
                                (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.

[[Page 74]]



     35.2f      (f) \67\ For the purposes of this paragraph, the term 
            ``necessary transportation, lodging, and related 
            expenses''--
---------------------------------------------------------------------------
                \67\ 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 
            pursuant 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,

[[Page 75]]

                    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.
            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 
            Se

[[Page 76]]

            lect Committee on Ethics is authorized to issue guidance on 
            any matter contained in this rule.

        36                         RULE XXXVI \68\
---------------------------------------------------------------------------

                \68\ 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 continues, 
            the nature of such activity or employment to his supervisor. 
            The supervisor shall then, in the discharge of his duties, 
            take such action as he considers necessary for the avoidance 
            of conflict of interest or interference with duties to the 
            Senate.
      37.4      4. No Member, officer, or employee shall knowingly use 
            his official position to introduce or aid the progress or 
            passage of legislation, a principal purpose of which is to 
            further only his pecuniary interest, only the pecuniary 
            interest of his immediate family, or only the pecuniary 
            interest of a limited class of persons or enterprises, when 
            he, or his immediate family, or enterprises controlled by 
            them, are members of the affected class.

[[Page 77]]


     37.5a      5. (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 (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.
---------------------------------------------------------------------------
                \69\ 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 
                    \70\ Committee on Ethics.
---------------------------------------------------------------------------
                \70\ Added pursuant to S. Res. 299, 106-2, Apr. 27, 
            2000.
---------------------------------------------------------------------------
     37.6a      6. (a) \71\ 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--
---------------------------------------------------------------------------
                \71\ 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;

[[Page 78]]

                        (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 consultation 
            with the employee's supervisor, grants permission in writing 
            to retain such holdings or the employee makes other 
            arrangements acceptable to the Select Committee and the 
            employee's supervisor to avoid participation in committee 
            actions where there is a conflict of interest, or the 
            appearance thereof.
      37.8      8.\72\ 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, offi

[[Page 79]]

            cers, or employees of the Senate for a period of two years 
            after leaving office.
---------------------------------------------------------------------------
                \72\ 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) \73\ 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 Member, 
            officer, or employee of the Senate for a period of 1 year 
            after leaving that position.
---------------------------------------------------------------------------
                \73\ (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. \74\ 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.
---------------------------------------------------------------------------
                \74\ 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, com

[[Page 80]]

            mittee, 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) \75\ 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.
---------------------------------------------------------------------------
                \75\ 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 necessary. A copy of each such waiver shall be 
            filed with the Select Committee.
     37.13      13. \76\ For purposes of this rule--
---------------------------------------------------------------------------
                \76\ 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

[[Page 81]]

                    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. \77\(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.
---------------------------------------------------------------------------
                \77\ 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.
                (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

[[Page 82]]

                        (B) notify the Select Committee on Ethics of 
                    such recusal.

     37.15      15. \78\ For purposes of this rule--
---------------------------------------------------------------------------
                \78\ 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;

    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) \79\ No Member may maintain or have maintained 
            for his use an unofficial office account. The term 
            ``unofficial

[[Page 83]]

            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--
---------------------------------------------------------------------------
                \79\ 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. 383.
---------------------------------------------------------------------------
                        (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).\80\
---------------------------------------------------------------------------
                \80\ 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. 503.
---------------------------------------------------------------------------
     38.1c      (c) \81\ 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.
---------------------------------------------------------------------------
                \81\ Subparagraph (c) added pursuant to Pub. L. 110-81, 
            Sep. 14, 2007.
---------------------------------------------------------------------------
                      
      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

[[Page 84]]

            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) \82\ 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--
---------------------------------------------------------------------------
                \82\ 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 ordinary and 
            necessary expenses of foreign travel for any purpose other 
            than the purpose or purposes for which such funds were 
            furnished.
      39.3      3. A per diem allowance provided a Member, officer, or 
            employee in connection with foreign travel shall be used 
            solely for lodging, food, and related expenses and it is the 
            responsibility of the Member, officer, or employee receiving 
            such an allowance to return to the United States Government 
            that portion of the allowance received which is not actually 
            used for necessary lodging, food, and related expenses.


[[Page 85]]

        40                             RULE XL

              FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS \83\
---------------------------------------------------------------------------

                \83\ 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) \84\ 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.\85\
---------------------------------------------------------------------------
                \84\ Citation corrected by S. Res. 187, 101-1, Oct. 2, 
            1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
                \85\ 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 \86\ 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.
---------------------------------------------------------------------------
                \86\ Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C. 
            59g, See Senate Manual Sec. 505.
---------------------------------------------------------------------------
     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 cat

[[Page 86]]

            egories 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.\87\
---------------------------------------------------------------------------
                \87\ As amended, S. Res. 224, 103-2, June 21, 1994.

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

        41                            RULE XLI

                        POLITICAL FUND ACTIVITY; DEFINITIONS

      41.1      1. No officer or employee of the Senate may receive, 
            solicit, be a custodian of, or distribute any funds in 
            connection with any campaign for the nomination for 
            election, or the election, of any individual to be a Member 
            of the Senate or to any other Federal office. This 
            prohibition does not apply to three \88\ 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

[[Page 87]]

            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.\89\ The Secretary of the Senate 
            shall make the designation available for public inspection.
---------------------------------------------------------------------------
                \88\ As amended by S. Res. 258, 100-1, Oct. 1, 1987.
                \89\ 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 \90\ of rule XXVII 
            or with an authorization provided by Senate resolution, the 
            Committee on Rules and Administration shall require such 
            officer or employee to agree in writing to comply with the 
            Senate Code of Official Conduct in the same manner and to 
            the same extent as an employee of the Senate. Any such 
            officer or employee shall, for purposes of such Code, be 
            treated as an employee of the Senate receiving compensation 
            disbursed by the Secretary of the Senate in an amount equal 
            to the amount of compensation he is receiving as an officer 
            or employee of the Government.
---------------------------------------------------------------------------
                \90\ 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.


[[Page 88]]


            Any individual to whom subparagraph (c) applies shall, for 
            purposes of such Code, be treated as an employee of the 
            Senate receiving compensation disbursed by the Secretary of 
            the Senate in an amount equal to the amount of compensation 
            which such individual is receiving from any source for 
            performing such services.

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

     41.6c      (c) No report shall be required under subparagraph (a) 
            with respect to an individual who normally performs 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.\91\
---------------------------------------------------------------------------
                \91\ 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--

[[Page 89]]


     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. \92\ 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.
---------------------------------------------------------------------------
                \92\ 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. 546, 547.

        43                           RULE XLIII

                           REPRESENTATION BY MEMBERS \93\
---------------------------------------------------------------------------

                \93\ 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;
                  
     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.

[[Page 90]]



      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. \94\ 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--
---------------------------------------------------------------------------
                \94\ 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 \95\
---------------------------------------------------------------------------

                \95\ 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 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--

[[Page 91]]

                        (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
                        (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.

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     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;
                      

     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

[[Page 93]]

                    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 
            accompanying 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

[[Page 94]]

            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.
     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.

[[Page 95]]


      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 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.