[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
[Page 101]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 101]]
------------------------------------------------------------
NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND
RESOLUTIONS AFFECTING THE BUSINESS OF THE SENATE
------------------------------------------------------------
60 PROVISION FOR EMERGENCY AUTHORITY RELATING TO SENATE
ADJOURNMENTS AND RECESSES
Resolved, That the presiding officer of the Senate may
suspend any proceeding of the Senate, including a rollcall
vote or a quorum call, and declare a recess or adjournment
of the Senate subject to existing authorities or subject to
the call of the Chair, within the limits of article I,
section 5, clause 4, of the Constitution, whenever the
presiding officer has been notified of an imminent threat.
Sec. 2. When the Senate is out of session, the majority
and minority leaders, or their designees, may, acting
jointly and within the limits of article I, section 5,
clause 4, of the Constitution, modify any order for the time
or place of the convening of the Senate when, in their
opinion, such action is warranted by intervening
circumstances.
[S. Res. 296, 108-2, Feb. 3, 2004.]
61 AUTHORIZING REGULATIONS RELATING TO THE USE OF OFFICIAL
EQUIPMENT
Resolved, That (a) the Committee on Rules and
Administration of the Senate may issue regulations to
authorize a Senator or officer or employee of the Senate to
use official equipment for purposes incidental to the
conduct of their official duties.
(b) Any use under subsection (a) shall be subject to
such terms and conditions as set forth in the regulations.
[S. Res. 238, 108-1, Oct. 2, 2003.]
62 VOTES SHALL BE CAST FROM ASSIGNED DESK
Resolved, That it is a standing order of the Senate that
during yea and nay votes in the Senate, each Senator shall
vote from the assigned desk of the Senator.
[S. Res. 480, 98-2, Oct. 11, 1984.]
[[Page 102]]
63 AUTHORIZING A SENATOR TO BRING A YOUNG SON OR DAUGHTER OF
THE SENATOR ONTO THE FLOOR OF THE SENATE DURING VOTES
Resolved, Notwithstanding rule XXIII of the Standing
Rules of the Senate, a Senator who has a son or daughter (as
defined in section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611)) under 1 year of age may bring the
son or daughter onto the floor of the Senate during votes.
[S. Res. 463, 115-2, Apr. 18, 2018.]
64 TO PERMIT AN INDIVIDUAL WITH A DISABILITY WITH ACCESS TO THE
SENATE FLOOR TO BRING NECESSARY SUPPORTING AIDS AND SERVICES
Resolved, That an individual with a disability who has
or is granted the privilege of the Senate floor under rule
XXIII of the Standing Rules of the Senate may bring
necessary supporting aids and services (including service
dogs, wheelchairs, and interpreters) on the Senate floor,
unless the Senate Sergeant at Arms determines that the use
of such supporting aids and services would place a
significant difficulty or expense on the operations of the
Senate in accordance with paragraph 2 of rule 4 of the Rules
for Regulation of the Senate Wing of the United States
Capitol.
[S. Res. 110, 105-1, July 31, 1997.]
65 FLOWERS IN THE SENATE CHAMBER
Resolved, That until further orders the Sergeant at Arms
is instructed not to permit flowers to be brought into the
Senate Chamber.
[S. Jour. 261, 58-3, Feb. 24, 1905.]
Resolved, That notwithstanding the resolution of the
Senate of February 24, 1905, upon the death of a sitting
Senator, the majority leader and the minority leader may
permit a display of flowers to be placed upon the desk of
the deceased Senator on the day set aside for eulogies.
[S. Res. 221, 98-1, Sept. 15, 1983.]
66 READING OF WASHINGTON'S FAREWELL ADDRESS
Ordered, That, unless otherwise directed, on the twenty-
second day of February in each year, or if that day shall be
on Sunday, then on the day following, immediately after the
reading of the Journal, Washington's Farewell Address shall
be read to the Senate by a Senator to be designated
[[Page 103]]
for the purpose by the Presiding Officer; and that
thereafter the Senate will proceed with its ordinary
business.
[S. Jour. 103, 56-2, Jan. 24, 1901.]
67 DESIGNATION OF THE ``DANIEL WEBSTER DESK''
Resolved, That during the Ninety-fourth Congress and
each Congress thereafter, the desk located within the Senate
Chamber and commonly referred to as the ``Daniel Webster
Desk'' shall, at the request of the senior Senator from the
State of New Hampshire, be assigned to such Senator for use
in carrying out his or her Senatorial duties during that
Senator's term of office.
[S. Res. 469, 93-2, Dec. 19, 1974.]
68 DESIGNATION OF THE JEFFERSON DAVIS DESK
Resolved, That during the One Hundred Fourth Congress
and each Congress thereafter, the desk located within the
Senate Chamber and used by Senator Jefferson Davis shall, at
the request of the senior Senator from the State of
Mississippi, be assigned to such Senator, for use in
carrying out his or her senatorial duties during that
Senator's term of office.
[S. Res. 161, 104-1, Aug. 8, 1995.]
69 DESIGNATION OF THE HENRY CLAY DESK
Resolved, That during the One Hundred Sixth Congress and
each Congress thereafter, the desk located within the Senate
Chamber and used by Senator Henry Clay shall, at the request
of the senior Senator from the State of Kentucky, be
assigned to that Senator for use in carrying out his or her
senatorial duties during that Senator's term of office.
[S. Res. 89, 106-1, Apr. 28, 1999.]
70 TELEVISION AND RADIO BROADCAST OF SENATE CHAMBER PROCEEDINGS
Resolved, That (a) the Senate hereby authorizes and
directs that there be both television and radio broadcast
coverage (together with videotape and audio recordings) of
proceedings in the Senate Chamber.
(b) Such broadcast coverage shall be--
(1) provided in accordance with provisions of
this resolution;
(2) provided continuously, except for any time
when the Senate is conducting a quorum call, or when
a meeting with closed doors is ordered; and
[[Page 104]]
(3) provided subject to the provisions
pertaining to the Senate gallery contained in the
following Standing Rules of the Senate: rule XIX,
paragraphs 6 and 7; rule XXV, paragraph 1(n); and
rule XXXIII, paragraph 2.
Sec. 2. The radio and television broadcast of Senate
proceedings shall be supervised and operated by the Senate.
Sec. 3. The television broadcast of Senate proceedings
shall follow the Presiding Officer and Senators who are
speaking, clerks, and the chaplain except during rollcall
votes when the television cameras shall show the entire
Chamber.
Sec. 4. (a) The broadcast coverage by radio and
television of the proceedings of the Senate shall be
implemented as provided in this section.
(b) The Architect of the Capitol, in consultation with
the Sergeant at Arms and Doorkeeper of the Senate, shall--
(1) construct necessary broadcasting facilities
for both radio and television (including a control
room and the modification of Senate sound and
lighting fixtures);
(2) employ necessary expert consultants; and
(3) acquire and install all necessary equipment
and facilities to (A) produce a broadcast-quality
``live'' audio and color video signal of such
proceedings, and (B) provide an archive-quality
audio and color video tape recording of such
proceedings:
Provided, That the Architect of the Capitol, in carrying out
the duties specified in clauses (1) through (3) of this
subsection, shall not enter into any contract for the
purchase or installation of equipment, for employment of any
consultant, or for the provision of training to any person,
unless the same shall first have been approved by the
Committee on Rules and Administration.
(c)(1) \1\ The Sergeant at Arms and Doorkeeper of the
Senate shall--
---------------------------------------------------------------------------
\1\ As amended, S. Res. 459, 100-2, Sept. 14, 1988.
---------------------------------------------------------------------------
(A) employ such staff as may be necessary,
working in conjunction with the Senate Recording and
Photographic Studios, to operate and maintain all
broadcast audio and color video equipment installed
pursuant to this resolution;
[[Page 105]]
(B) make audio and video tape recordings, and
copies thereof as requested by the Secretary under
paragraph (2) of Senate proceedings; and
(C) retain for 30 session-days after the day any
Senate proceedings took place, such recordings
thereof, and as soon thereafter as possible,
transmit to the Secretary of the Senate copies of
such recordings.
The Sergeant at Arms and Doorkeeper of the Senate, in
carrying out the duties specified in subparagraphs (A) and
(B), shall comply with appropriate Senate procurement and
other regulations.
(2) The Secretary of the Senate is authorized to obtain
from the Sergeant at Arms archival quality video recordings
of Senate proceedings and, as soon thereafter as possible,
transmit such recordings to the Librarian of Congress and to
the Archivist of the United States.
Sec. 5. (a) Radio coverage of Senate proceedings shall--
(1) begin as soon as the necessary equipment has
been installed; and
(2) be provided continuously at all times when
the Senate is in session (or is meeting in Committee
of the Whole), except for any time when a meeting
with closed doors is ordered.
Sec. 6.\2\ (a) The use of any tape duplication of radio
or television coverage of the proceedings of the Senate for
political campaign purposes is strictly prohibited.
---------------------------------------------------------------------------
\2\ As amended, S. Res. 431, 100-2, June 7, 1988.
---------------------------------------------------------------------------
(b)(1) Except as provided in paragraph (2), any tape
duplication of radio or television coverage of the
proceedings of the Senate furnished to any person or
organization shall be made on the condition, agreed to in
writing, that the tape duplication shall not be used for
political campaign purposes.
(2) Any public or commercial news organization furnished
a tape duplication described in paragraph (1) shall be
subject to the provisions of paragraph (1) but shall not be
required to enter into a written agreement.
Sec. 7. Any changes in the regulations made by this
resolution shall be made only by Senate resolution. However,
the Committee on Rules and Administration may adopt such
procedures and such regulations, which do not contravene the
regulations made by this resolution, as it deems necessary
to assure the proper implementation of the purposes of this
resolution.
[[Page 106]]
Sec. 8. Such funds as may be necessary (but not in
excess of $3,500,000) to carry out this resolution shall be
expended from the contingent fund of the Senate.
* * * * * * *
Sec. 14. Provided, that if the Senate authorizes the
permanent televising of the Senate pursuant to section 15,
that radio and television coverage of the Senate shall be
made available on a ``live'' basis and free of charge to (1)
any accredited member of the Senate Radio and Television
Correspondents Gallery, (2) the coaxial cable system of the
Architect of the Capitol, and (3) such other news gathering,
educational, or information distributing entity as may be
authorized by the Committee on Rules and Administration to
receive such broadcasts.
Sec. 15. Television coverage of the Senate shall cease
at the close of business July 15, 1986, and television
coverage of the Senate and the rules changes contained
herein shall continue, if the Senate agrees to the question,
which shall be put one hour after the Senate convenes on
July 29, 1986, ``Shall radio and television coverage
continue after this date, and shall the rules changes
contained herein continue?''.\3\ There shall be twelve hours
of debate on this question, to be equally divided and
controlled in the usual form, at the end of which any
Senator may propose as an alternative the question, ``Shall
the test period continue for thirty days?''. On this
question there shall be one hour of debate, equally divided
and controlled in the usual form. If this question is
decided in the affirmative, then thirty days hence, one hour
after the Senate convenes, the Senate shall proceed to vote
without intervening action on the question, ``Shall radio
and television coverage continue after this date and shall
the rules changes contained herein continue?''.
---------------------------------------------------------------------------
\3\ Pursuant to this provision, the question was
considered and decided in the affirmative by a vote of 78-
21. See Daily Cong. Rec., 99th Cong., 2d sess., July 29,
1986, pp. 9750-9775.
---------------------------------------------------------------------------
Sec. 16. Provided, that official noting of a Senator's
absence from committees while the Senate is on television is
prohibited.
[S. Res. 28, 99-2, Feb. 27, 1986.]
Sec. 17. The Secretary of the Senate shall, subject to
the approval of the Senate Committee on Rules and
Administration, contract with the Secretary of Education to
provide closed captioning of the Senate floor proceedings.
The Senate authorizes the Secretary of Education to have ac
[[Page 107]]
cess to the audio and video broadcast of the Senate floor
proceedings for the purpose of captioning. Such funds as may
be necessary to carry out the purposes of this section are
authorized to be paid from the contingent fund of the
Senate.
[S. Res. 13, 101-1, June 21, 1989.]
Resolved, That, notwithstanding any other provision of
S. Res. 28, agreed to February 27, 1986, television coverage
of the Senate shall resume July 21, 1986 under the same
basis as provided during the live test period under section
5 of S. Res. 28 unless the Senate votes pursuant to section
15 of S. Res. 28 to end coverage.
[S. Res. 444, 99-2, July 15, 1986.]
71 READING OF CONFERENCE REPORTS
Sec. 903. Beginning on the first day of the 107th
Congress, the Presiding Officer of the Senate shall apply
all of the precedents of the Senate under Rule XXVIII in
effect at the conclusion of the 103d Congress. Further that
there is now in effect a Standing order of the Senate that
the reading of conference reports is no longer required, if
the said conference report is available in the Senate.
[Pub. L. 106-554, Div. A, ch. 9, Sec. 903, Dec. 21, 2000.]
72 PUBLIC DISCLOSURE OF NOTICE OF INTENT TO OBJECT TO A MEASURE
OR MATTER
Resolved
Sec. 1. Eliminating Secret Senate Holds.
(a) In General.--
(1) Covered Request.--This standing order shall
apply to a notice of intent to object to the
following covered requests:
(A) A unanimous consent request to
proceed to a bill, resolution, joint
resolution, concurrent resolution,
conference report, or amendment between the
Houses.
(B) A unanimous consent request to pass
a bill or joint resolution or adopt a
resolution, concurrent resolution,
conference report, or the disposition of an
amendment between the Houses.
(C) A unanimous consent request for the
disposition of a nomination.
(2) Recognition of Notice of Intent.--The
majority and minority leaders of the Senate or their
designees shall recognize a notice of intent to
object to a covered
[[Page 108]]
request of a Senator who is a member of their caucus
if the Senator--
(A) submits the notice of intent to
object in writing to the appropriate leader
and grants in the notice of intent to object
permission for the leader or designee to
object in the Senator's name; and
(B) not later than 2 session days after
submitting the notice of intent to object to
the appropriate leader, submits a copy of
the notice of intent to object to the
Congressional Record and to the Legislative
Clerk for inclusion in the applicable
calendar section described in subsection
(b).
(3) Form of Notice.--To be recognized by the
appropriate leader a Senator shall submit the
following notice of intent to object:
``I, Senator --------------, intend to
object to ------------, dated --------------
--. I will submit a copy of this notice to
the Legislative Clerk and the Congressional
Record within 2 session days and I give my
permission to the objecting Senator to
object in my name.''. The first blank shall
be filled with the name of the Senator, the
second blank shall be filled with the name
of the covered request, the name of the
measure or matter and, if applicable, the
calendar number, and the third blank shall
be filled with the date that the notice of
intent to object is submitted.
(4) Notices on the Senate Floor.--The
requirement to submit a notice of intent to object
to the Legislative Clerk and the Congressional
Record shall not apply in the event a Senator
objects on the floor of the Senate and states the
following:
``I object to ----------------, on
behalf of Senator ----------------.''
(b) Calendar.--
(1) Objection.--Upon receiving the submission
under subsection (a)(2)(B), the Legislative Clerk
shall add the information from the notice of intent
to object to the applicable Calendar section
entitled `Notices of Intent to Object to Proceeding'
created by Public Law 110-81. Each section shall
include the name of each Senator filing a notice
under subsection (a)(2)(B), the measure or matter
covered by the calendar to
[[Page 109]]
which the notice of intent to object relates, and
the date the notice of intent to object was filed.
(2) Objection on Behalf.--In the case of an
objection made under subsection (a)(4), not later
than 2 session days after the objection is made on
the floor, the Legislative Clerk shall add the
information from such objection to the applicable
Calendar section entitled ``Notices of Intent to
Object to Proceeding'' created by Public Law 110-81.
Each section shall include the name of the Senator
on whose behalf the objection was made, the measure
or matter objected to, and the date the objection
was made on the floor.
(c) Removal.--A Senator may have notice of intent to
object relating to that Senator removed from a calendar to
which it was added under subsection (b) by submitting to the
Legislative Clerk the following notice:
``I, Senator ------------------, do not
object to ----------------, dated ----------
------.'' The first blank shall be filled
with the name of the Senator, the second
blank shall be filled with the name of the
covered request, the name of the measure or
matter and, if applicable, the calendar
number, and the third blank shall be filled
with the date of the submission to the
Legislative Clerk under this subsection.
(d) Objecting on Behalf of a Member.--Except with
respect to objections made under subsection (a)(4), if a
Senator who has notified his or her leader of an intent to
object to a covered request fails to submit a notice of
intent to object under subsection (a)(2)(b) within 2 session
days following an objection to a covered request by the
leader or his or her designee on that Senator's behalf, the
Legislative Clerk shall list the Senator who made the
objection to the covered request in the applicable ``Notice
of Intent to Object to Proceeding'' calendar section.
[S. Res. 28, 112-1, Jan. 27, 2011.]
73 PERMITTING THE WAIVING OF THE READING OF AN AMENDMENT
Resolved,
Sec. 1. Reading of Amendments.
(a) Standing Order.--This section shall be a
standing order of the Senate.
(b) Waiver.--The reading of an amendment may be
waived by a non-debatable motion if the amendment--
[[Page 110]]
(1) has been submitted at least 72 hours
before the motion; and
(2) is available in printed or
electronic form in the Congressional Record.
[S. Res. 29, 112-1, Jan. 27, 2011.]
74 TO PROVIDE FOR EXPEDITED SENATE CONSIDERATION OF CERTAIN
NOMINATIONS SUBJECT TO ADVICE AND CONSENT
Resolved,
Sec. 1. Procedure For Consideration.
(a) Privileged Nominations; Information Requested--Upon
receipt by the Senate of a nomination described in section
2, the nomination shall--
(1) be placed on the Executive Calendar under
the heading `Privileged Nominations--Information
Requested'; and
(2) remain on the Executive Calendar under such
heading until the Executive Clerk receives a written
certification from the Chairman of the committee of
jurisdiction under subsection (b).
(b) Questionnaires--The Chairman of the committee of
jurisdiction shall notify the Executive Clerk in writing
when the appropriate biographical and financial
questionnaires have been received from an individual
nominated for a position described in section 2.
(c) Privileged Nominations; Information Received--Upon
receipt of the certification under subsection (b), the
nomination shall--
(1) be placed on the Executive Calendar under
the heading `Privileged Nomination--Information
Received' and remain on the Executive Calendar under
such heading for 10 session days; and
(2) after the expiration of the period referred
to in paragraph (1), be placed on the `Nominations'
section of the Executive Calendar.
(d) Referral to Committee of Jurisdiction--During the
period when a nomination described in subsection (a) is
listed under the `Privileged Nomination--Information
Requested' section of the Executive Calendar described in
section (a)(1) or the `Privileged Nomination--Information
Received' section of the Executive Calendar described in
section (c)(1)--
(1) any Senator may request on his or her own
behalf, or on the behalf of any identified Senator
that the nomination be referred to the appropriate
committee of jurisdiction; and
[[Page 111]]
(2) if a Senator makes a request described in
paragraph (1), the nomination shall be referred to
the appropriate committee of jurisdiction.
Sec. 2. Nominations Covered.
The following nominations for the positions described
(including total number of individuals to be appointed for
the position) shall be considered under the provisions of
this resolution:
(1) The Chairman and the Members of the Advisory
Board for Cuba Broadcasting (9 Members including
Chairman).
(2) The Chairman and the Members of the
Corporation for National and Community Service (15
Members including Chairman).
(3) The Chairman and the Members of the Federal
Retirement Thrift Investment Boards (5 Members
including Chairman).
(4) The Members of the Internal Revenue Service
Oversight Board (7 Members).
(5) The Members of the Board of the Millennium
Challenge Corporation (4 Members).
(6) The Members of the National Council on the
Arts (18 Members).
(7) The Members of the National Council for the
Humanities (26 Members).
(8) The Members of the Board of Directors of the
Overseas Private Investment Corporation (8 Members).
(9) The Members of the Peace Corps National
Advisory Council (15 Members).
(10) The Chairman, Vice Chairman, and the
Members of the Board of Directors for the United
States Institute of Peace (12 Members including
Chairman and Vice Chairman).
(11) The Members of the Board of Directors of
the Federal Agricultural Mortgage Corporation (5
Members).
(12) The Members of the Board of Directors of
the National Consumer Cooperative Bank (3 Members).
(13) The Members of the Board of Directors of
the National Institute of Building Sciences (6
Members).
(14) The Members of the Board of Directors of
the Securities Investor Protection Corporation (5
Members).
[[Page 112]]
(15) The Members of the Board of Directors of
the Metropolitan Washington Airport Authority (3
Members).
(16) The Members of the Saint Lawrence Seaway
Development Corporation Advisory Board (5 Members).
(17) The Members of the Board of Trustees of the
Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation (9
Members).
(18) The Members the Board of Trustees of the
Federal Hospital Insurance Trust Fund (2 Members).
(19) The Members of the Board of Trustees of the
Federal Old Age and Survivors Trust Fund and
Disability Insurance Trust Fund (2 Members).
(20) The Members of the Board of Trustees of the
Federal Supplementary Medical Insurance Trust Fund
(2 Members).
(21) The Members of the Social Security Advisory
Board (3 Members).
(22) The Members of the Board of Directors of
the African Development Foundation (7 Members).
(23) The Members of the Board of Directors of
the Inter American Foundation (9 Members).
(24) The Commissioners of the United States
Advisory Commission on Public Diplomacy (7 Members).
(25) The Members of the Board of Trustees of the
Barry Goldwater Scholarship and Excellence in
Education Foundation (8 Members).
(26) The Members of the Board of Trustees of the
Harry Truman Scholarship Foundation (8 Members).
(27) The Members of the Board of Trustees of the
James Madison Memorial Fellowship Foundation (6
Members).
(28) The Members of the Board of Directors of
the Legal Services Corporation (11 Members).
(29) The Members of the Foreign Claims
Settlement Commission (2 Members).
(30) The Members of the Board of Directors of
the State Justice Institute (11 Members).
(31) Chief Financial Officer, from the
following:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
[[Page 113]]
(F) Department of Environmental
Protection Agency.
(G) Department of Health and Human
Services.
(H) Department of Homeland Security.
(I) Department of Housing and Urban
Development.
(J) Department of the Interior.
(K) Department of Labor.
(L) National Aeronautics and Space
Administration.
(M) Department of State.
(N) Department of Transportation.
(O) Department of the Treasury.
(P) Department of Veterans Affairs.
(32) Assistant Secretary for Financial
Management of the Air Force.
(33) Assistant Secretary for Financial
Management of the Army.
(34) Assistant Secretary for Financial
Management of Navy.
(35) Controller, Office of Federal Financial
Management, Office of Management and Budget.
(36) Assistant Secretaries or other officials
whose primary responsibility is legislative affairs
from the following:
(A) Department of Agriculture.
(B) Department of Energy.
(C) Department of Defense.
(D) Department of Housing and Urban
Development.
(E) Department of Commerce.
(F) Department of Treasury.
(G) Department of State.
(H) Department of Health and Human
Services.
(I) United States Agency for
International Development.
(J) Department of Education.
(K) Department of Labor.
(L) Department of Justice.
(M) Department of Veterans Affairs.
(N) Department of Transportation.
(37) Commissioner, Rehabilitative Services
Administration, Department of Education.
[[Page 114]]
(38) Commissioner, Administration for Children,
Youth, and Families, Department of Health and Human
Services.
(39) Commissioner, Administration for Native
Americans, Department of Health and Human Services.
(40) Federal Coordinator, Alaska Natural Gas
Transportation Projects.
(41) Assistant Secretary for Administration,
Department of Commerce.\4\
---------------------------------------------------------------------------
\4\ Sec. 324 of Pub. L. 114-1, Jan. 12, 2015,
established that the 13 members of the Board of Directors of
the National Association of Registered Agents and Brokers,
``shall be appointed by the President, by and with the
advice and consent of the Senate, in accordance with the
procedures established under Senate Resolution 116 of the
112th Congress.''
---------------------------------------------------------------------------
Sec. 3. Executive Calendar.
The Secretary of the Senate shall create the appropriate
sections on the Executive Calendar to reflect and effectuate
the requirements of this resolution.
Sec. 4. Committee Justification for New Executive
Positions.
The report accompanying each bill or joint resolution of
a public character reported by any committee shall contain
an evaluation and justification made by such committee for
the establishment in the measure being reported of any new
position appointed by the President within an existing or
new Federal entity.
Sec. 5. Effective Date.
This resolution shall take effect 60 days after the date
of adoption of this resolution.
[S. Res. 116, 112-1, Jun. 29, 2011.]
75 COMMITTEE ON APPROPRIATIONS AUTHORITY
Resolved, That for the purpose of obtaining and laying
factual data and information before the Senate Committee on
Appropriations, or any subcommittee thereof, for its
consideration in the discharge of its functions, the
chairman or acting chairman of said committee is hereby
authorized and directed, within the limit of funds made
available by resolutions of the Senate, to appoint and
employ such experts as he may deem necessary to obtain such
data and information, and such experts, upon the written
authority of the chairman or acting chairman, shall have the
right to examine the books, documents, papers, reports, or
other records of any department, agency, or establishment of
the
[[Page 115]]
Federal Government in the District of Columbia and
elsewhere; be it further
Resolved, That the said committee through its chairman
is hereby authorized, within the limit of funds made
available by resolutions of the Senate, to appoint
additional clerical help and assistants.
[S. Res. 193, 78-1, Oct. 14, 1943; S. Res. 281, 96-2, Mar.
11, 1980.]
76 CONSULTANTS FOR THE COMMITTEE ON APPROPRIATIONS
Resolved, That within the limit of funds appropriated
for expenses of inquiries and investigations for the
Committee on Appropriations, the committee may expend such
sums as it deems appropriate and necessary for the
procurement of the services of individual consultants or
organizations. Such services in the case of individuals or
organizations may be procured by contract as independent
contractors, or in the case of individuals by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest gross rate of compensation which
may be paid to a regular employee of the committee. Such
contracts may be made in the same manner and subject to the
same conditions with respect to advertising as required of
other standing committees of the Senate under section
202(i)(2) of the Legislative Reorganization Act of 1946, as
amended.
[S. Res. 140, 94-1, May 14, 1975.]
77 SELECT COMMITTEE ON ETHICS
Resolved, That (a) there is hereby established a
permanent select committee of the Senate to be known as the
Select Committee on Ethics (referred to hereinafter as the
``Select Committee'') consisting of six Members of the
Senate, of whom three shall be selected from members of the
majority party and three shall be selected from members of
the minority party. Members thereof shall be appointed by
the Senate in accordance with the provisions of paragraph 1
of rule XXIV of the Standing Rules of the Senate at the
beginning of each Congress. The Select Committee shall
select a chairman or a vice chairman from among its members.
For purposes of paragraph 4\5\ of rule XXV of the Standing
Rules of the Senate, service of a Senator as a member or
chairman of the Select Committee shall not be taken into
account.
---------------------------------------------------------------------------
\5\ Changed from ``paragraph 6'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
[[Page 116]]
(b) Vacancies in the membership of the Select Committee
shall not affect the authority of the remaining members to
execute the functions of the committee, and shall be filled
in the same manner as original appointments thereto are
made.
(c)(1) A majority of the members of the Select Committee
shall constitute a quorum for the transaction of business
involving complaints and allegations of misconduct,
including the consideration of matters involving sworn
complaints, unsworn allegations or information, resultant
preliminary inquiries, initial reviews, investigations,
hearings, recommendations or reports, and matters relating
to S. Res. 400, agreed to May 19, 1976.
(2) Three members shall constitute a quorum for the
transaction of the routine business of the Select Committee
not covered by the first paragraph of this subparagraph,
including requests for opinions and interpretations
concerning the Code of Official Conduct or any other statute
or regulation under the jurisdiction of the Select
Committee, if one member of the quorum is a member of the
majority party and one member of the quorum is a member of
the minority party. During the transaction of routine
business any member of the Select Committee constituting the
quorum shall have the right to postpone further discussion
of a pending matter until such time as a majority of the
members of the Select Committee are present.
(3) The Select Committee may fix a lesser number as a
quorum for the purpose of taking sworn testimony.
(d) (Repealed by S. Res. 271, 96-1, Oct. 31, 1979.)
(e)(1) A member of the Select Committee shall be
ineligible to participate in any initial review or
investigation relating to his own conduct, the conduct of
any officer or employee he supervises, or the conduct of any
employee of any officer he supervises, or relating to any
complaint filed by him, and the determinations and
recommendations of the Select Committee with respect
thereto. For purposes of this subparagraph, a Member of the
Select Committee and an officer of the Senate shall be
deemed to supervise any officer or employee consistent with
the provision of paragraph 11 of rule XXXVII\6\ of the
Standing Rules of the Senate.
---------------------------------------------------------------------------
\6\ Changed from ``paragraph 12 of rule XLV'' as a
result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979;
further changed from ``paragraph 11 of rule XLV'' as a
result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980.
---------------------------------------------------------------------------
[[Page 117]]
(2) A member of the Select Committee may, at his
discretion, disqualify himself from participating in any
initial review or investigation pending before the Select
Committee and the determinations and recommendations of the
Select Committee with respect thereto. Notice of such
disqualification shall be given in writing to the President
of the Senate.
(3) Whenever any member of the Select Committee is
ineligible under paragraph (1) to participate in any initial
review or investigation or disqualifies himself under
paragraph (2) from participating in any initial review or
investigation, another Member of the Senate shall, subject
to the provisions of subsection (d), be appointed to serve
as a member of the Select Committee solely for purposes of
such initial review or investigation and the determinations
and recommendations of the Select Committee with respect
thereto. Any Member of the Senate appointed for such
purposes shall be of the same party as the Member who is
ineligible or disqualifies himself.
Sec. 2. (a) It shall be the duty of the Select Committee
to--
(1) receive complaints and investigate
allegations of improper conduct which may reflect
upon the Senate, violations of law, violations of
the Senate Code of Official Conduct, and violations
of rules and regulations of the Senate, relating to
the conduct of individuals in the performance of
their duties as Members of the Senate, or as
officers or employees of the Senate, and to make
appropriate findings of fact and conclusions with
respect thereto;
(2) recommend to the Senate by report or
resolution by a majority vote of the full committee
disciplinary action (including, but not limited to,
in the case of a Member: censure, expulsion, or
recommendation to the appropriate party conference
regarding such Member's seniority or positions of
responsibility; and, in the case of an officer or
employee: suspension or dismissal) to be taken with
respect to such violations which the Select
Committee shall determine, after according to the
individuals concerned due notice and opportunity for
hearing, to have occurred;
(3) recommend to the Senate, by report or
resolution, such additional rules or regulations as
the Select Committee shall determine to be necessary
or desirable to insure proper standards of conduct
by Mem
[[Page 118]]
bers of the Senate, and by officers or employees of
the Senate, in the performance of their duties and
the discharge of their responsibilities; and
(4) report violations by a majority vote of the
full committee of any law to the proper Federal and
State authorities.
(b)(1) Each sworn complaint filed with the Select
Committee shall be in writing, shall be in such form as the
Select Committee may prescribe by regulation, and shall be
under oath.
(2) For purposes of this section, ``sworn complaint''
means a statement of facts within the personal knowledge of
the complainant alleging a violation of law, the Senate Code
of Official Conduct, or any other rule or regulation of the
Senate relating to the conduct of individuals in the
performance of their duties as Members, officers, or
employees of the Senate.
(3) Any person who knowingly and willfully swears
falsely to a sworn complaint does so under penalty of
perjury, and the Select Committee may refer any such case to
the Attorney General for prosecution.
(4) For the purposes of this section, ``investigation''
is a proceeding undertaken by the Select Committee after a
finding, on the basis of an initial review, that there is
substantial credible evidence which provides substantial
cause for the Select Committee to conclude that a violation
within the jurisdiction of the Select Committee has
occurred.
(c)(1) No investigation of conduct of a Member or
officer of the Senate, and no report, resolution, or
recommendation relating thereto, may be made unless approved
by the affirmative recorded vote of not less than four
members of the Select Committee.
(2) No other resolution, report, recommendation,
interpretative ruling, or advisory opinion may be made
without an affirmative vote of a majority of the members of
the Select Committee voting.
(d)(1) When the Select Committee receives a sworn
complaint against a Member or officer of the Senate, it
shall promptly conduct an initial review of that complaint.
The initial review shall be of duration and scope necessary
to determine whether there is substantial credible evidence
which provides substantial cause for the Select Committee to
conclude that a violation within the jurisdiction of the
Select Committee has occurred.
[[Page 119]]
(2) If as a result of an initial review under paragraph
(1), the Select Committee determines by a recorded vote that
there is not such substantial credible evidence, the Select
Committee shall report such determination to the complainant
and to the party charged, together with an explanation of
the basis of such determination.
(3) If as a result of an initial review under paragraph
(1), the Select Committee determines that a violation is
inadvertent, technical, or otherwise of a de minimis nature,
the Select Committee may attempt to correct or prevent such
a violation by informal methods.
(4) If as the result of an initial review under
paragraph (1), the Select Committee determines that there is
such substantial credible evidence but that the violation,
if proven, is neither of a de minimis nature nor
sufficiently serious to justify any of the penalties
expressly referred to in subsection (a)(2), the Select
Committee may propose a remedy it deems appropriate. If the
matter is thereby resolved, a summary of the Select
Committee's conclusions and the remedy proposed shall be
filed as a public record with the Secretary of the Senate
and a notice of such filing shall be printed in the
Congressional Record.
(5) If as the result of an initial review under
paragraph (1), the Select Committee determines that there is
such substantial credible evidence, the Select Committee
shall promptly conduct an investigation if (A) the
violation, if proven, would be sufficiently serious, in the
judgment of the Select Committee, to warrant imposition of
one or more of the penalties expressly referred to in
subsection (a)(2), or (B) the violation, if proven, is less
serious, but was not resolved pursuant to paragraph (4)
above. Upon the conclusion of such investigation, the Select
Committee shall report to the Senate, as soon as
practicable, the results of such investigation together with
its recommendations (if any) pursuant to subsection (a)(2).
(6) Upon the conclusion of any other investigation
respecting the conduct of a Member or officer undertaken by
the Select Committee, the Select Committee shall report to
the Senate, as soon as practicable, the results of such
investigation together with its recommendations (if any)
pursuant to subsection (a)(2).
(e) When the Select Committee receives a sworn complaint
against an employee of the Senate, it shall consider the
complaint according to procedures it deems appro
[[Page 120]]
priate. If the Select Committee determines that the
complaint is without substantial merit, it shall notify the
complainant and the accused of its determination, together
with an explanation of the basis of such determination.
(f) The Select Committee may, in its discretion, employ
hearing examiners to hear testimony and make findings of
fact and/or recommendations to the Select Committee
concerning the disposition of complaints.
(g) Notwithstanding any other provision of this section,
no initial review or investigation shall be made of any
alleged violation of any law, the Senate Code of Official
Conduct, rule, or regulation which was not in effect at the
time the alleged violation occurred. No provision of the
Senate Code of Official Conduct shall apply to or require
disclosure of any act, relationship, or transaction which
occurred prior to the effective date of the applicable
provision of the Code. The Select Committee may conduct an
initial review or investigation of any alleged violation of
a rule or law which was in effect prior to the enactment of
the Senate Code of Official Conduct if the alleged violation
occurred while such rule or law was in effect and the
violation was not a matter resolved on the merits by the
predecessor Select Committee.
(h) The Select Committee shall adopt written rules
setting forth procedures to be used in conducting
investigations of complaints.
(i) The Select Committee from time to time shall
transmit to the Senate its recommendation as to any
legislative measures which it may consider to be necessary
for the effective discharge of its duties.
Sec. 3. (a) The Select Committee is authorized to (1)
make such expenditures; (2) hold such hearings; (3) sit and
act at such times and places during the sessions, recesses,
and adjournment periods of the Senate; (4) require by
subpoena or otherwise the attendance of such witnesses and
the production of such correspondence, books, papers, and
documents; (5) administer such oaths; (6) take such
testimony orally or by deposition; (7) employ and fix the
compensation of a staff director, a counsel, an assistant
counsel, one or more investigators, one or more hearing
examiners, and such technical, clerical, and other
assistants and consultants as it deems advisable; and (8) to
procure the temporary services (not in excess of one year)
or intermittent services of individual consultants, or
organizations
[[Page 121]]
thereof, by contract as independent contractors or, in the
case of individuals, by employment at daily rates of
compensation not in excess of the per diem equivalent of the
highest rate of compensation which may be paid to a regular
employee of the Select Committee.
(b)(1) The Select Committee is authorized to retain and
compensate counsel not employed by the Senate (or by any
department or agency of the executive branch of the
Government) whenever the Select Committee determines that
the retention of outside counsel is necessary or appropriate
for any action regarding any complaint or allegation, which,
in the determination of the Select Committee is more
appropriately conducted by counsel not employed by the
Government of the United States as a regular employee.
(2) Any investigation conducted under section 2 shall be
conducted by outside counsel as authorized in paragraph (1),
unless the Select Committee determines not to use outside
counsel.
(c) With the prior consent of the department or agency
concerned, the Select Committee may (1) utilize the
services, information, and facilities of any such department
or agency of the Government, and (2) employ on a
reimbursable basis or otherwise the services of such
personnel of any such department or agency as it deems
advisable. With the consent of any other committee of the
Senate, or any subcommittee thereof, the Select Committee
may utilize the facilities and the services of the staff of
such other committee or subcommittee whenever the chairman
of the Select Committee determines that such action is
necessary and appropriate.
(d) Subpoenas may be issued (1) by the Select Committee
or (2) by the chairman and vice chairman, acting jointly.
Any such subpoena shall be signed by the chairman or the
vice chairman and may be served by any person designated by
such chairman or vice chairman. The chairman of the Select
Committee or any member thereof may administer oaths to
witnesses.
(e)(1) The Select Committee shall prescribe and publish
such regulations as it feels are necessary to implement the
Senate Code of Official Conduct.
(2) The Select Committee is authorized to issue
interpretative rulings explaining and clarifying the
application of
[[Page 122]]
any law, the Code of Official Conduct, or any rule or
regulation of the Senate within its jurisdiction.
(3) The Select Committee shall render an advisory
opinion, in writing within a reasonable time, in response to
a written request by a Member or officer of the Senate or a
candidate for nomination for election, or election to the
Senate, concerning the application of any law, the Senate
Code of Official Conduct, or any rule or regulation of the
Senate within its jurisdiction to a specific factual
situation pertinent to the conduct or proposed conduct of
the person seeking the advisory opinion.
(4) The Select Committee may in its discretion render an
advisory opinion in writing within a reasonable time in
response to a written request by any employee of the Senate
concerning the application of any law, the Senate Code of
Official Conduct, or any rule or regulation of the Senate
within its jurisdiction to a specific factual situation
pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.
(5) Notwithstanding any provision of the Senate Code of
Official Conduct or any rule or regulation of the Senate,
any person who relies upon any provision or finding of an
advisory opinion in accordance with the provisions of
paragraphs (3) and (4) and who acts in good faith in
accordance with the provisions and findings of such advisory
opinion shall not, as a result of any such act, be subject
to any sanction by the Senate.
(6) Any advisory opinion rendered by the Select
Committee under paragraphs (3) and (4) may be relied upon by
(A) any person involved in the specific transaction or
activity with respect to which such advisory opinion is
rendered: Provided, however, That the request for such
advisory opinion included a complete and accurate statement
of the specific factual situation; and (B) any person
involved in any specific transaction or activity which is
indistinguishable in all its material aspects from the
transaction or activity with respect to which such advisory
opinion is rendered.
(7) Any advisory opinion issued in response to a request
under paragraph (3) or (4) shall be printed in the
Congressional Record with appropriate deletions to assure
the privacy of the individual concerned. The Select
Committee shall to the extent practicable, before rendering
an advisory opinion, provide any interested party with an
opportunity
[[Page 123]]
to transmit written comments to the Select Committee with
respect to the request for such advisory opinion. The
advisory opinions issued by the Select Committee shall be
compiled, indexed, reproduced, and made available on a
periodic basis.
(8) A brief description of a waiver granted under
section 102(a)(2)(B) of Title I of Ethics in Government Act
of 1978\7\ or paragraph 1 of rule XXXV\8\ of the Standing
Rules of the Senate shall be made available upon request in
the Select Committee office with appropriate deletions to
assure the privacy of the individual concerned.
---------------------------------------------------------------------------
\7\Changed from ``paragraph 2(c), of rule XLII'' as a
result of the adoption of S. Res. 220, 96-1, Aug. 3, 1979.
\8\Changed from ``paragraph 1 of rule XLIII'' as a
result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980.
---------------------------------------------------------------------------
Sec. 4. The expenses of the Select Committee under this
resolution shall be paid from the contingent fund of the
Senate upon vouchers approved by the chairman of the Select
Committee.
Sec. 5. As used in this resolution, the term ``officer
or employee of the Senate'' means--
(1) an elected officer of the Senate who is not
a Member of the Senate;
(2) an employee of the Senate, any committee or
subcommittee of the Senate, or any Member of the
Senate;
(3) the Legislative Counsel of the Senate or any
employee of his office;
(4) an Official Reporter of Debates of the
Senate and any person employed by the Official
Reporters of Debates of the Senate in connection
with the performance of their official duties;
(5) a member of the Capitol Police force whose
compensation is disbursed by the Secretary of the
Senate;
(6) an employee of the Vice President if such
employee's compensation is disbursed by the
Secretary of the Senate;
(7) an employee of a joint committee of the
Congress whose compensation is disbursed by the
Secretary of the Senate.
[S. Res. 338, 88-2, July 24, 1964; S. Res. 368, 93-2, July
25, 1974; S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 110, 95-1,
Apr. 1, 1977; S. Res. 230, 95-1, July 25, 1977; S. Res. 312,
95-1, Nov. 1, 1977; S. Res. 271, 96-1, Oct. 31, 1979; S.
Res. 78, 97-1, Feb. 24, 1981.]
[[Page 124]]
78 SELECT COMMITTEE ON ETHICS--ADDITIONAL RESPONSIBILITY
Resolved, That the Senate assigns responsibility for
administering the reporting requirements of Title I of the
Ethics in Government Act of 1978 to the Select Committee on
Ethics.
[S. Res. 223, 96-1, Aug. 2, 1979.]
79 SELECT COMMITTEE ON ETHICS--CHAIRMAN AND VICE-CHAIRMAN
LEGISLATIVE ASSISTANTS CLERK-HIRE ALLOWANCE
Resolved, That effective October 31, 1979, service of a
Senator as the chairman or ranking minority member of the
Select Committee on Ethics shall not be taken into account
for purposes of applying section 111(b) of the Legislative
Branch Appropriation Act, 1978.
[S. Res. 290, 96-1, Nov. 27, 1979.]
80 AUTHORIZING THE SELECT COMMITTEE ON ETHICS TO PROVIDE
TRAINING ASSISTANCE TO ITS PROFESSIONAL STAFF
Resolved, That the Select Committee on Ethics
(hereinafter referred to as the ``Select Committee'') is
authorized, with the approval of the Committee on Rules and
Administration, to provide assistance for members of its
professional staff in obtaining specialized training,
whenever the Select Committee determines that such training
will aid it in the discharge of its responsibilities.
Sec. 2. (a) Assistance provided under authority of this
resolution may be in the form of continuance of pay during
periods of training or grants of funds to pay tuition, fees,
or such other expenses of training, or both, as may be
approved by the Committee on Rules and Administration.
(b) The Select Committee shall obtain from any employee
receiving such assistance such agreement with respect to
continued employment with the Select Committee as it may
deem necessary to assure that it will receive the benefits
of such employee's services upon completion of his training.
Sec. 3. The expenses of the Select Committee in
providing assistance under authority of this resolution
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman of the Select Committee.
[S. Res. 425, 97-2, Aug. 12, 1982.]
[[Page 125]]
81 SELECT COMMITTEE ON INTELLIGENCE
Resolved, That it is the purpose of this resolution to
establish a new select committee of the Senate, to be known
as the Select Committee on Intelligence, to oversee and make
continuing studies of the intelligence activities and
programs of the United States Government, and to submit to
the Senate appropriate proposals for legislation and report
to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee
on Intelligence shall make every effort to assure that the
appropriate departments and agencies of the United States
provide informed and timely intelligence necessary for the
executive and legislative branches to make sound decisions
affecting the security and vital interests of the Nation. It
is further the purpose of this resolution to provide
vigilant legislative oversight over the intelligence
activities of the United States to assure that such
activities are in conformity with the Constitution and laws
of the United States.
Sec. 2. (a)(1) There is hereby established a select
committee to be known as the Select Committee on
Intelligence (hereinafter in this resolution referred to as
the ``select committee''). The select committee shall be
composed of not to exceed fifteen Members appointed as
follows:
(A) two members from the Committee on
Appropriations;
(B) two members from the Committee on Armed
Services;
(C) two members from the Committee on Foreign
Relations;
(D) two members from the Committee on the
Judiciary; and
(E) not to exceed seven members to be appointed
from the Senate at large.
(2) Members appointed from each committee named in
clauses (A) through (D) of paragraph (1) shall be evenly
divided between the two major political parties and shall be
appointed by the President pro tempore of the Senate upon
the recommendations of the majority and minority leaders of
the Senate. Of any members appointed under paragraph (1)(E),
the majority leader shall appoint the majority members and
the minority leader shall appoint the minority members, with
the majority having a one vote margin.
[[Page 126]]
(3)(A) The majority leader of the Senate and the
minority leader of the Senate shall be ex officio members of
the select committee but shall have no vote in the Committee
and shall not be counted for purposes of determining a
quorum.
(B) The Chairman and Ranking Member of the Committee on
Armed Services (if not already a member of the select
Committee) shall be ex officio members of the select
Committee but shall have no vote in the Committee and shall
not be counted for purposes of determining a quorum.
(b) At the beginning of each Congress, the Majority
Leader of the Senate shall select a chairman of the select
Committee and the Minority Leader shall select a vice
chairman for the select Committee. The vice chairman shall
act in the place and stead of the chairman in the absence of
the chairman. Neither the chairman nor the vice chairman of
the select committee shall at the same time serve as
chairman or ranking minority member of any other committee
referred to in paragraph 4(e)(1) of rule XXV of the Standing
Rules of the Senate.
(c) The select Committee may be organized into
subcommittees. Each subcommittee shall have a chairman and a
vice chairman who are selected by the Chairman and Vice
Chairman of the select Committee, respectively.
Sec. 3. (a) There shall be referred to the select
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following:
(1) The Office of the Director of National
Intelligence and the Director of National
Intelligence.
(2) The Central Intelligence Agency and the
Director of the Central Intelligence Agency.
(3) Intelligence activities of all other
departments and agencies of the Government,
including, but not limited to, the intelligence
activities of the Defense Intelligence Agency, the
National Security Agency, and other agencies of the
Department of Defense; the Department of State; the
Department of Justice; and the Department of the
Treasury.
(4) The organization or reorganization of any
department or agency of the Government to the extent
that the organization or reorganization relates to a
function or activity involving intelligence
activities.
(5) Authorizations for appropriations, both
direct and indirect, for the following:
[[Page 127]]
(A) The Office of the Director of
National Intelligence and the Director of
National Intelligence.
(B) The Central Intelligence Agency and
the Director of the Central Intelligence
Agency.
(C) The Defense Intelligence Agency.
(D) The National Security Agency.
(E) The intelligence activities of other
agencies and subdivisions of the Department
of Defense.
(F) The intelligence activities of the
Department of State.
(G) The intelligence activities of the
Federal Bureau of Investigation.
(H) Any department, agency, or
subdivision which is the successor to any
agency named in clause (A), (B), (C) or (D);
and the activities of any department,
agency, or subdivision which is the
successor to any department, agency, bureau,
or subdivision named in clause (E), (F), or
(G) to the extent that the activities of
such successor department, agency, or
subdivision are activities described in
clause (E), (F), or (G).
(b)(1) Any proposed legislation reported by the select
Committee except any legislation involving matters specified
in clause (1), (2), (5)(A), or (5)(B) of subsection (a),
containing any matter otherwise within the jurisdiction of
any standing committee shall, at the request of the chairman
of such standing committee, be referred to such standing
committee for its consideration of such matter and be
reported to the Senate by such standing committee within 10
days after the day on which such proposed legislation, in
its entirety and including annexes, is referred to such
standing committee; and any proposed legislation reported by
any committee, other than the select Committee, which
contains any matter within the jurisdiction of the select
Committee shall, at the request of the chairman of the
select Committee, be referred to the select Committee for
its consideration of such matter and be reported to the
Senate by the select Committee within 10 days after the day
on which such proposed legislation, in its entirety and
including annexes, is referred to such committee.
(2) In any case in which a committee fails to report any
proposed legislation referred to it within the time limit
prescribed in this subsection, such Committee shall be
automatically discharged from further consideration of such
[[Page 128]]
proposed legislation on the 10th day following the day on
which such proposed legislation is referred to such
committee unless the Senate provides otherwise, or the
Majority Leader or Minority Leader request, prior to that
date, an additional 5 days on behalf of the Committee to
which the proposed legislation was sequentially referred. At
the end of that additional 5 day period, if the Committee
fails to report the proposed legislation within that 5 day
period, the Committee shall be automatically discharged from
further consideration of such proposed legislation unless
the Senate provides otherwise.
(3) In computing any 10 or 5 day period under this
subsection there shall be excluded from such computation any
days on which the Senate is not in session.
(4) The reporting and referral processes outlined in
this subsection shall be conducted in strict accordance with
the Standing Rules of the Senate. In accordance with such
rules, committees to which legislation is referred are not
permitted to make changes or alterations to the text of the
referred bill and its annexes, but may propose changes or
alterations to the same in the form of amendments.
(c) Nothing in this resolution shall be construed as
prohibiting or otherwise restricting the authority of any
other committee to study and review any intelligence
activity to the extent that such activity directly affects a
matter otherwise within the jurisdiction of such committee.
(d) Nothing in this resolution shall be construed as
amending, limiting, or otherwise changing the authority of
any standing committee of the Senate to obtain full and
prompt access to the product of the intelligence activities
of any department or agency of the Government relevant to a
matter otherwise within the jurisdiction of such committee.
Sec. 4. (a) The select committee, for the purposes of
accountability to the Senate, shall make regular and
periodic, but not less than quarterly, reports to the Senate
on the nature and extent of the intelligence activities of
the various departments and agencies of the United States.
Such committee shall promptly call to the attention of the
Senate or to any other appropriate committee or committees
of the Senate any matters requiring the attention of the
Senate or such other committee or committees. In making such
report, the select committee shall proceed in a manner
consistent with section 8(c)(2) to protect national
security.
[[Page 129]]
(b) The select committee shall obtain an annual report
from the Director of National Intelligence, the Director of
the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal
Bureau of Investigation. Such reports shall review the
intelligence activities of the agency or department
concerned and the intelligence activities of foreign
countries directed at the United States or its interest. An
unclassified version of each report may be made available to
the public at the discretion of the select committee.
Nothing herein shall be construed as requiring the public
disclosure in such reports of the names of individuals
engaged in intelligence activities for the United States or
the divulging of intelligence methods employed or the
sources of information on which such reports are based or
the amount of funds authorized to be appropriated for
intelligence activities.
(c) On or before March 15 of each year, the select
committee shall submit to the Committee on the Budget of the
Senate the views and estimates described in section 301(c)
of the Congressional Budget Act of 1974 regarding matters
within the jurisdiction of the select committee.
Sec. 5. (a) For the purposes of this resolution, the
select committee is authorized in its discretion (1) to make
investigations into any matter within its jurisdiction, (2)
to make expenditures from the contingent fund of the Senate,
(3) to employ personnel, (4) to hold hearings, (5) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (6) to require, by
subpoena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(7) to take depositions and other testimony, (8) to procure
the service of individual consultants or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (9) with
the prior consent of the government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(b) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
(c) Subpoenas authorized by the select committee may be
issued over the signature of the chairman, the vice chairman
or any member of the select committee designated by the
chairman, and may be served by any person
[[Page 130]]
designated by the chairman or any member signing the
subpoenas.
Sec. 6. No employee of the select committee or any
person engaged by contract or otherwise to perform services
for or at the request of such committee shall be given
access to any classified information by such committee
unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the Senate (including
the jurisdiction of the Select Committee on Ethics) and of
such committee as to the security of such information during
and after the period of his employment or contractual
agreement with such committee; and (2) received an
appropriate security clearance as determined by such
committee in consultation with the Director of National
Intelligence. The type of security clearance to be required
in the case of any such employee or person shall, within the
determination of such committee in consultation with the
Director of National Intelligence, be commensurate with the
sensitivity of the classified information to which such
employee or person will be given access by such committee.
Sec. 7. The select committee shall formulate and carry
out such rules and procedures as it deems necessary to
prevent the disclosure, without the consent of the person or
persons concerned, of information in the possession of such
committee which unduly infringes upon the privacy or which
violates the constitutional rights of such person or
persons. Nothing herein shall be construed to prevent such
committee from publicly disclosing any such information in
any case in which such committee determines the national
interest in the disclosure of such information clearly
outweighs any infringement on the privacy of any person or
persons.
Sec. 8. (a) The select committee may, subject to the
provisions of this section, disclose publicly any
information in the possession of such committee after a
determination by such committee that the public interest
would be served by such disclosure. Whenever committee
action is required to disclose any information under this
section, the committee shall meet to vote on the matter
within five days after any member of the committee requests
such a vote. No member of the select committee shall
disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the
question of the
[[Page 131]]
disclosure of such information or after such vote except in
accordance with this section.
(b)(1) In any case in which the select committee votes
to disclose publicly any information which has been
classified under established security procedures, which has
been submitted to it by the Executive branch, and which the
Executive branch requests be kept secret, such committee
shall--
(A) first, notify the Majority Leader and
Minority Leader of the Senate of such vote; and
(B) second, consult with the Majority Leader and
Minority Leader before notifying the President of
such vote.
(2) The select committee may disclose publicly such
information after the expiration of a five-day period
following the day on which notice of such vote is
transmitted to the Majority Leader and the Minority Leader
and the President, unless, prior to the expiration of such
five-day period, the President, personally in writing,
notifies the committee that he objects to the disclosure of
such information, provides his reasons therefore, and
certifies that the threat to the national interest of the
United States posed by such disclosure is of such gravity
that it outweighs any public interest in the disclosure.
(3) If the President, personally, in writing, notifies
the Majority Leader and Minority Leader of the Senate and
the select Committee of his objections to the disclosure of
such information as provided in paragraph (2), the Majority
Leader and Minority Leader jointly or the select Committee,
by majority vote, may refer the question of the disclosure
of such information to the Senate for consideration.
(4) Whenever the select committee votes to refer the
question of disclosure of any information to the Senate
under paragraph (3), the Chairman shall not later than the
first day on which the Senate is in session following the
day on which the vote occurs, report the matter to the
Senate for its consideration.
(5) One hour after the Senate convenes on the fourth day
on which the Senate is in session following the day on which
any such matter is reported to the Senate, or at such
earlier time as the majority leader and the minority leader
of the Senate jointly agree upon in accordance with
paragraph 5 of rule XVII of the Standing Rules of the
Senate, the Senate shall go into closed session and the
matter
[[Page 132]]
shall be the pending business. In considering the matter in
closed session the Senate may--
(A) approve the public disclosure of all or any
portion of the information in question, in which
case the committee shall publicly disclose the
information ordered to be disclosed,
(B) disapprove the public disclosure of all or
any portion of the information in question, in which
case the committee shall not publicly disclose the
information ordered not to be disclosed, or
(C) refer all or any portion of the matter back
to the committee, in which case the committee shall
make the final determination with respect to the
public disclosure of the information in question.
Upon conclusion of the consideration of such matter in
closed session, which may not extend beyond the close of the
ninth day on which the Senate is in session following the
day on which such matter was reported to the Senate, or the
close of the fifth day following the day agreed upon jointly
by the majority and minority leaders in accordance with
paragraph 5 of rule XVII of the Standing Rules of the Senate
(whichever the case may be), the Senate shall immediately
vote on the disposition of such matter in open session,
without debate, and without divulging the information with
respect to which the vote is being taken. The Senate shall
vote to dispose of such matter by one or more of the means
specified in clauses (A), (B), and (C) of the second
sentence of this paragraph. Any vote of the Senate to
disclose any information pursuant to this paragraph shall be
subject to the right of a Member of the Senate to move for
reconsideration of the vote within the time and pursuant to
the procedures specified in rule XIII of the Standing Rules
of the Senate, and the disclosure of such information shall
be made consistent with that right.
(c)(1) No information in the possession of the select
committee relating to the lawful intelligence activities of
any department or agency of the United States which has been
classified under established security procedures and which
the select committee, pursuant to subsection (a) or (b) of
this section, has determined should not be disclosed shall
be made available to any person by a Member, officer, or
employee of the Senate except in a closed session of the
Senate or as provided in paragraph (2).
[[Page 133]]
(2) The select committee may, under such regulations as
the committee shall prescribe to protect the confidentiality
of such information, make any information described in
paragraph (1) available to any other committee or any other
Member of the Senate. Whenever the select committee makes
such information available, the committee shall keep a
written record showing, in the case of any particular
information, which committee or which Members of the Senate
received such information. No Member of the Senate who, and
no committee which, receives any information under this
subsection, shall disclose such information except in a
closed session of the Senate.
(d) It shall be the duty of the Select Committee on
Ethics to investigate any unauthorized disclosure of
intelligence information by a Member, officer or employee of
the Senate in violation of subsection (c) and to report to
the Senate concerning any allegation which it finds to be
substantiated.
(e) Upon the request of any person who is subject to any
such investigation, the Select Committee on Ethics shall
release to such individual at the conclusion of its
investigation a summary of its investigation together with
its findings. If, at the conclusion of its investigation,
the Select Committee on Ethics determines that there has
been a significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate,
it shall report its findings to the Senate and recommend
appropriate action such as censure, removal from committee
membership, or expulsion from the Senate, in the case of a
Member, or removal from office or employment or punishment
for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any
personal representative of the President, designated by the
President to serve as a liaison to such committee, to attend
any closed meeting of such committee.
Sec. 10. Upon expiration of the Select Committee on
Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-
fourth Congress, all records, files, documents, and other
materials in the possession, custody, or control of such
committee, under appropriate conditions established by it,
shall be transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head
of each department and agency of the United States should
[[Page 134]]
keep the select committee fully and currently informed with
respect to intelligence activities, including any
significant anticipated activities, which are the
responsibility of or engaged in by such department or
agency: Provided, That this does not constitute a condition
precedent to the implementation of any such anticipated
intelligence activity.
(b) It is the sense of the Senate that the head of any
department or agency of the United States involved in any
intelligence activities should furnish any information or
document in the possession, custody, or control of the
department or agency, or person paid by such department or
agency, whenever requested by the select committee with
respect to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department
and agency of the United States should report immediately
upon discovery to the select committee any and all
intelligence activities which constitute violations of the
constitutional rights of any person, violations of law, or
violations of Executive orders, Presidential directives, or
departmental or agency rules or regulations; each department
and agency should further report to such committee what
actions have been taken or are expected to be taken by the
departments or agencies with respect to such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no
funds shall be appropriated for any fiscal year beginning
after September 30, 1976, with the exception of a continuing
bill or resolution, or amendment thereto, or conference
report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following
activities, unless such funds shall have been previously
authorized by a bill or joint resolution passed by the
Senate during the same or preceding fiscal year to carry out
such activity for such fiscal year:
(1) The activities of the Office of the Director
of National Intelligence and the Director of
National Intelligence.
(2) The activities of the Central Intelligence
Agency and the Director of the Central Intelligence
Agency.
(3) The activities of the Defense Intelligence
Agency.
(4) The activities of the National Security
Agency.
[[Page 135]]
(5) The intelligence activities of other
agencies and subdivisions of the Department of
Defense.
(6) The intelligence activities of the
Department of State.
(7) The intelligence activities of the Federal
Bureau of Investigation.
Sec. 13. (a) The select committee shall make a study
with respect to the following matters, taking into
consideration with respect to each such matter, all relevant
aspects of the effectiveness of planning, gathering, use,
security, and dissemination of intelligence:
(1) the quality of the analytical capabilities
of United States foreign intelligence agencies and
means for integrating more closely analytical
intelligence and policy formulation;
(2) the extent and nature of the authority of
the departments and agencies of the Executive branch
to engage in intelligence activities and the
desirability of developing charters for each
intelligence agency or department;
(3) the organization of intelligence activities
in the Executive branch to maximize the
effectiveness of the conduct, oversight, and
accountability of intelligence activities; to reduce
duplication or overlap; and to improve the morale of
the personnel of the foreign intelligence agencies;
(4) the conduct of covert and clandestine
activities and the procedures by which Congress is
informed of such activities;
(5) the desirability of changing any law, Senate
rule or procedure, or any Executive order, rule, or
regulation to improve the protection of intelligence
secrets and provide for disclosure of information
for which there is no compelling reason for secrecy;
(6) the desirability of establishing a standing
committee of the Senate on intelligence activities;
(7) the desirability of establishing a joint
committee of the Senate and the House of
Representatives on intelligence activities in lieu
of having separate committees in each House of
Congress, or of establishing procedures under which
separate committees on intelligence activities of
the two Houses of Congress would receive joint
briefings from the intelligence agencies and
coordinate their policies with respect to the
safeguarding of sensitive intelligence information;
[[Page 136]]
(8) the authorization of funds for the
intelligence activities of the Government and
whether disclosure of any of the amounts of such
funds is in the public interest; and
(9) the development of a uniform set of
definitions for terms to be used in policies or
guidelines which may be adopted by the executive or
legislative branches to govern, clarify, and
strengthen the operation of intelligence activities.
(b) The select committee may, in its discretion, omit
from the special study required by this section any matter
it determines has been adequately studied by the Select
Committee To Study Governmental Operations With Respect to
Intelligence Activities, established by Senate Resolution
21, Ninety-fourth Congress.
(c) The select committee shall report the results of the
study provided for by this section to the Senate, together
with any recommendations for legislative or other actions it
deems appropriate, no later than July 1, 1977, and from time
to time thereafter as it deems appropriate.
Sec. 14. (a) As used in this resolution, the term
``intelligence activities'' includes (1) the collection,
analysis, production, dissemination, or use of information
which relates to any foreign country, or any government,
political group, party, military force, movement, or other
association in such foreign country, and which relates to
the defense, foreign policy, national security, or related
policies of the United States, and other activity which is
in support of such activities; (2) activities taken to
counter similar activities directed against the United
States; (3) covert or clandestine activities affecting the
relations of the United States with any foreign government,
political group, party, military force, movement or other
association; (4) the collection, analysis, production,
dissemination, or use of information about activities of
persons within the United States, its territories and
possessions, or nationals of the United States abroad whose
political and related activities pose, or may be considered
by any department, agency, bureau, office, division,
instrumentality, or employee of the United States to pose, a
threat to the internal security of the United States, and
covert or clandestine activities directed against such
persons. Such term does not include tactical foreign
military intelligence serving no national policymaking
function.
[[Page 137]]
(b) As used in this resolution, the term ``department or
agency'' includes any organization, committee, council,
establishment, or office within the Federal Government.
(c) For purposes of this resolution, reference to any
department, agency, bureau, or subdivision shall include a
reference to any successor department, agency, bureau, or
subdivision to the extent that such successor engages in
intelligence activities now conducted by the department,
agency, bureau, or subdivision referred to in this
resolution.
Sec. 15. (a) In addition to other committee staff
selected by the select Committee, the select Committee shall
hire or appoint one employee for each member of the select
Committee to serve as such Member's designated
representative on the select Committee. The select Committee
shall only hire or appoint an employee chosen by the
respective Member of the select Committee for whom the
employee will serve as the designated representative on the
select Committee.
(b) The select Committee shall be afforded a supplement
to its budget, to be determined by the Committee on Rules
and Administration, to allow for the hire of each employee
who fills the position of designated representative to the
select Committee. The designated representative shall have
office space and appropriate office equipment in the select
Committee spaces. Designated personal representatives shall
have the same access to Committee staff, information,
records, and databases as select Committee staff, as
determined by the Chairman and Vice Chairman.
(c) The designated employee shall meet all the
requirements of relevant statutes, Senate rules, and
committee security clearance requirements for employment by
the select Committee.
(d) Of the funds made available to the select Committee
for personnel--
(1) not more than 60 percent shall be under the
control of the Chairman; and
(2) not less than 40 percent shall be under the
control of the Vice Chairman.
Sec. 16. Nothing in this resolution shall be construed
as constituting acquiescence by the Senate in any practice,
or in the conduct of any activity, not otherwise authorized
by law.
[[Page 138]]
Sec. 17. (a)(1) Except as provided in subsections (b)
and (c), the Select Committee shall have jurisdiction to
review, hold hearings, and report the nominations of
civilian individuals for positions in the intelligence
community for which appointments are made by the President,
by and with the advice and consent of the Senate.
``(2) Except as provided in subsections (b) and (c),
other committees with jurisdiction over the department or
agency of the Executive Branch which contain a position
referred to in paragraph (1) may hold hearings and
interviews with individuals nominated for such position, but
only the Select Committee shall report such nomination.
``(3) In this subsection, the term `intelligence
community' means an element of the intelligence community
specified in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
``(b)(1) With respect to the confirmation of the
Assistant Attorney General for National Security, or any
successor position, the nomination of any individual by the
President to serve in such position shall be referred to the
Committee on the Judiciary and, if and when reported, to the
Select Committee for not to exceed 20 calendar days, except
that in cases when the 20-day period expires while the
Senate is in recess, the Select Committee shall have 5
additional calendar days after the Senate reconvenes to
report the nomination.
``(2) If, upon the expiration of the period described in
paragraph (1), the Select Committee has not reported the
nomination, such nomination shall be automatically
discharged from the Select Committee and placed on the
Executive Calendar.
``(c)(1) With respect to the confirmation of appointment
to the position of Director of the National Security Agency,
Inspector General of the National Security Agency, Director
of the National Reconnaissance Office, or Inspector General
of the National Reconnaissance Office, orany successor
position to such a position, the nomination of any
individual by the President to serve in such position, who
at the time of the nomination is a member of the Armed
Forces on active duty, shall be referred to the Committee on
Armed Services and, if and when reported, to the Select
Committee for not to exceed 30 calendar days, except that in
cases when the 30-day period expires while the Senate is in
recess, the Select Committee shallhave 5 additional
[[Page 139]]
calendar days after the Senate reconvenes to report the
nomination.
``(2) With respect to the confirmation of appointment to
the position of Director of the National Security Agency,
Inspector General of the National Security Agency, Director
of the National Reconnaissance Office, or Inspector General
or the National Reconnaissance Office, or any successor
position to such a position, the nomination of any
individual by the President to serve in such position, who
at the time of the nomination is not a member of the Armed
Forces on active duty, shall be referred to the Select
Committee and, if and when reported, to the Committee on
Armed Services for not to exceed 30 calendar days, except
that in cases when the 30-day period expires while the
Senate is in recess, the Committee on Armed Services shall
have an additional 5 calendar days after the Senate
reconvenes to report the nomination.
``(3) If, upon the expiration of the period of
sequential referral described in paragraphs (1) and (2), the
committee to which the nomination was sequentially referred
has not reported the nomination, the nomination shall be
automatically discharged from that committee and placed on
the Executive Calendar.''.
[S. Res. 400, 94-2, May 19, 1976, as amended S. Res. 470,
113-2, July 7, 2014; S. Res. 4, Feb. 4, 1977; S. Res. 445,
108-2, Oct. 9, 2004, Pub. L. 109-77, Sec. 506. 120 Stat.
247. 247 (2005), and S. Res. 50, 110-1, Feb. 14, 2007.]
82 HOMELAND SECURITY AND INTELLIGENCE OVERSIGHT
To eliminate certain restrictions on service of a
Senator on the Senate Select Committee on Intelligence.
Resolved,
Sec. 100. Purpose.
It is the purpose of titles I through V of this
resolution to improve the effectiveness of the Senate Select
Committee on Intelligence, especially with regard to its
oversight of the Intelligence Community of the United States
Government, and to improve the Senate's oversight of
homeland security.
82.1 TITLE I--HOMELAND SECURITY OVERSIGHT REFORM
Sec. 101. Homeland Security.
(a) Committee on Homeland Security and
Government Affairs.--The Committee on Governmental
[[Page 140]]
Affairs is renamed as the Committee on Homeland
Security and Governmental Affairs.
(b) Jurisdiction.--There shall be referred to
the committee all proposed legislation, messages,
petitions, memorials, and other matters relating to
the following subjects:
(1) Department of Homeland Security, except
matters relating to--
(A) the Coast Guard, the Transportation
Security Administration, the Federal Law
Enforcement Training Center or the Secret
Service; and
(B)(i) the United States Citizenship and
Immigration Service; or
(ii) the immigration functions of the
United States Customs and Border Protection
or the United States Immigration and Custom
Enforcement or the Directorate of Border and
Transportation Security; and
(C) the following functions performed by
any employee of the Department of Homeland
Security--
(i) any customs revenue function
including any function provided for in
section 415 of the Homeland Security Act of
2002 (Public Law 107-296);
(ii) any commercial function or
commercial operation of the Bureau of
Customs and Border Protection or Bureau of
Immigration and Customs Enforcement,
including matters relating to trade
facilitation and trade regulation; or
(iii) any other function related to
clause (i) or (ii) that was exercised by the
United States Customs Service on the day
before the effective date of the Homeland
Security Act of 2002 (Public Law 107-296).
The jurisdiction of the Committee on Homeland Security
and Governmental Affairs in this paragraph shall supersede
the jurisdiction of any other committee of the Senate
provided in the rules of the Senate: Provided, That the
jurisdiction provided under section 101(b)(1) shall not
include the National Flood Insurance Act of 1968, or
functions of the Federal Emergency Management Agency related
thereto.
(2) Archives of the United States.
[[Page 141]]
(3) Budget and accounting measures, other than
appropriations, except as provided in the
Congressional Budget Act of 1974.
(4) Census and collection of statistics,
including economic and social statistics.
(5) Congressional organization, except for any
part of the matter that amends the rules or orders
of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of
Columbia, except appropriations therefor.
(10) Organization and management of United
States nuclear export policy.
(11) Organization and reorganization of the
executive branch of the Government.
(12) Postal Service.
(13) Status of officers and employees of the
United States, including their classification,
compensation, and benefits.
(c) Additional Duties.--The committee shall have
the duty of--
(1) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(2) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(3) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(4) studying the intergovernmental
relationships between the United States and the
States and municipalities, and between the United
States and international organizations of which the
United States is a member.
(d) Jurisdiction Of Budget Committee.--
Notwithstanding paragraph (b)(3) of this section,
and except as otherwise provided in the
Congressional Budget Act of 1974, the Committee on
the Budget shall have exclusive jurisdiction over
measures affecting the congressional budget process,
which are--
[[Page 142]]
(1) the functions, duties, and powers of the
Budget Committee;
(2) the functions, duties, and powers of the
Congressional Budget Office;
(3) the process by which Congress annually
establishes the appropriate levels of budget
authority, outlays, revenues, deficits or surpluses,
and public debt--including subdivisions thereof--and
including the establishment of mandatory ceilings on
spending and appropriations, a floor on revenues,
timetables for congressional action on concurrent
resolutions, on the reporting of authorization
bills, and on the enactment of appropriation bills,
and enforcement mechanisms for budgetary limits and
timetables;
(4) the limiting of backdoor spending devices;
(5) the timetables for Presidential submission
of appropriations and authorization requests;
(6) the definitions of what constitutes
impoundment--such as ``rescissions'' and
``deferrals'';
(7) the process and determination by which
impoundments must be reported to and considered by
Congress;
(8) the mechanisms to insure Executive
compliance with the provisions of the Impoundment
Control Act, title X--such as GAO review and
lawsuits; and
(9) the provisions which affect the content or
determination of amounts included in or excluded
from the congressional budget or the calculation of
such amounts, including the definition of terms
provided by the Budget Act.
(e) OMB Nominees.--The Committee on the Budget
and the Committee on Homeland Security and
Governmental Affairs shall have joint jurisdiction
over the nominations of persons nominated by the
President to fill the positions of Director and
Deputy Director for Budget within the Office of
Management and Budget, and if one committee votes to
order reported such a nomination, the other must
report within 30 calendar days session, or be
automatically discharged.
82.2
TITLE II--INTELLIGENCE OVERSIGHT REFORM
Sec. 201. Intelligence Oversight.
(a) Committee on Armed Services Membership.--
Section 2(a)(3) of Senate Resolution 400, agreed to
[[Page 143]]
May 19, 1976 (94th Congress) (referred to in this
section as ``S. Res. 400'') is amended by--
(1) inserting ``(A)'' after ``(3)''; and
(2) inserting at the end the following:
``(B) The Chairman and Ranking Member of
the Committee on Armed Services (if not
already a member of the select Committee)
shall be ex officio members of the select
Committee but shall have no vote in the
Committee and shall not be counted for
purposes of determining a quorum.''.
(b) Number Of Members.--Section 2(a) of S. Res.
400 is amended--
(1) in paragraph (1), by inserting ``not to
exceed'' before ``fifteen members'';
(2) in paragraph (1)(E), by inserting ``not to
exceed'' before ``seven''; and
(3) in paragraph (2), by striking the second
sentence and inserting ``Of any members appointed
under paragraph (1)(E), the majority leader shall
appoint the majority members and the minority leader
shall appoint the minority members, with the
majority having a one vote margin.''.
(c) Elimination of Term Limits.--Section 2 of
Senate Resolution 400, 94th Congress, agreed to May
19, 1976, is amended by striking subsection (b) and
by redesignating subsection (c) as subsection (b).
(d) Appointment of Chairman and Vice Chairman.--
Section 2(b) of S. Res. 400, as redesignated by
subsection (c) of this section, is amended by
striking the first sentence and inserting the
following: ``At the beginning of each Congress, the
Majority Leader of the Senate shall select a
chairman of the select Committee and the Minority
Leader shall select a vice chairman for the select
Committee.''.
(e) Subcommittees.--Section 2 of S. Res. 400, as
amended by subsections (a) through (d), is amended
by adding at the end the following:
``(c) The select Committee may be organized into
subcommittees. Each subcommittee shall have a
chairman and a vice chairman who are selected by the
Chairman and Vice Chairman of the select Committee,
respectively.''.
(f) Reports.--Section 4(a) of S. Res. 400 is
amended by inserting ``, but not less than
quarterly,'' after ``periodic''.
[[Page 144]]
(g) Staff.--Section 15 of S. Res. 400 is amended
to read as follows:
``Sec. 15. (a) In addition to other committee
staff selected by the select Committee, the select
Committee shall hire or appoint one employee for
each member of the select Committee to serve as such
Member's designated representative on the select
Committee. The select Committee shall only hire or
appoint an employee chosen by the respective Member
of the select Committee for whom the employee will
serve as the designated representative on the select
Committee.
``(b) The select Committee shall be afforded a
supplement to its budget, to be determined by the
Committee on Rules and Administration, to allow for
the hire of each employee who fills the position of
designated representative to the select Committee.
The designated representative shall have office
space and appropriate office equipment in the select
Committee spaces. Designated personal
representatives shall have the same access to
Committee staff, information, records, and databases
as select Committee staff, as determinedby the
Chairman and Vice Chairman.
``(c) The designated employee shall meet all the
requirements of relevant statutes, Senate rules, and
committee security clearance requirements for
employment by the select Committee.
``(d) Of the funds made available to the select
Committee for personnel--
``(1) not more than 60 percent shall be under
the control of the Chairman; and
``(2) not less than 40 percent shall be under
the control of the Vice Chairman.''.
(h) Nominees.--S. Res. 400 is amended by adding
at the end the following:
``Sec. 17. (a) The select Committee shall have
jurisdiction for reviewing, holding hearings, and
reporting the nominations of civilian persons
nominated by the President to fill all positions
within the intelligence community requiring the
advice and consent of the Senate.
``(b) Other committees with jurisdiction over
the nominees' executive branch department may hold
hearings and interviews with such persons, but only
the select Committee shall report such
nominations.''.
[[Page 145]]
(i) Jurisdiction.--Section 3(b) of S. Res. 400
is amended to read as follows:
``(b)(1) Any proposed legislation reported by
the select Committee except any legislation
involving matters specified in clause (1) or (4)(A)
of subsection (a), containing any matter otherwise
within the jurisdiction of any standing committee
shall, at the request of the chairman of such
standing committee, be referred to such standing
committee for its consideration of such matter and
be reported to the Senate by such standing committee
within 10 days after the day on which such proposed
legislation, in its entirety and including annexes,
is referred to such standing committee; and any
proposed legislation reported by any committee,
other than the select Committee, which contains any
matter within the jurisdiction of the select
Committee shall, at the request of the chairman of
the select Committee, be referred to the select
Committee for its consideration of such matter and
be reported to the Senate by the select Committee
within 10 days after the day on which such proposed
legislation, in its entirety and including annexes,
is referred to such committee.
``(2) In any case in which a committee fails to
report any proposed legislation referred to it
within the time limit prescribed in this subsection,
such Committee shall be automatically discharged
from further consideration of such proposed
legislation on the 10th day following the day on
which such proposed legislation is referred to such
committee unless the Senate provides otherwise, or
the Majority Leader or Minority Leader request,
prior to that date, an additional 5 days on behalf
of the Committee to which the proposed legislation
as sequentially referred. At the end of that
additional 5 day period, if the Committee fails to
report the proposed legislation within that 5 day
period, the Committee shall be automatically
discharged from further consideration of such
proposed legislation unless the Senate provides
otherwise.
``(3) In computing any 10 or 5 day period under
this subsection there shall be excluded from such
computation any days on which the Senate is not the
session.
``(4) The reporting and referral processes
outlined in this subsection shall be conducted in
strict accord
[[Page 146]]
ance with the Standing Rules of the Senate. In
accordance with such rules, committees to which
legislation is referred are not permitted to make
changes or alterations to the text of the referred
bill and its annexes, but may propose changes or
alterations to the same in the form of
amendments.''.
(j) Public Disclosure.--Section 8 of S. Res. 400
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking
``shall notify the President of such vote''
and inserting ``shall--
``(A) first, notify the Majority
Leader and Minority Leader of the Senate of
such vote; and
``(B) second, consult with the
Majority Leader and Minority Leader before
notifying the President of such vote.'';
(B) in paragraph (2), by striking
``transmitted to the President'' and
inserting ``transmitted to the Majority
Leader and the Minority Leader and the
President''; and
(C) by amending paragraph (3) to read as
follows:
``(3) If the President, personally, in
writing, notifies the Majority Leader and Minority
Leader of the Senate and the select Committee of his
objections to the disclosure of such information as
provided in paragraph (2), the Majority Leader and
Minority Leader jointly or theselect Committee, by
majority vote, may refer the question of the
disclosure of such information to the Senatefor
consideration.''.
82.3
TITLE III--COMMITTEE STATUS
Sec. 301. Committee Status.
(a) Homeland Security.--The Committee on
Homeland Security and Governmental Affairs shall be
treated as the Committee on Governmental Affairs
listed under paragraph 2 of rule XXV of the Standing
Rules of the Senate for purposes of the Standing
Rules of the Senate.
(b) Intelligence.--The Select Committee on
Intelligence shall be treated as a committee listed
under paragraph 2 of rule XXV of the Standing Rules
of the Senate for purposes of the Standing Rules of
the Senate.
[[Page 147]]
82.4
TITLE IV--INTELLIGENCE RELATED SUBCOMMITTEES
Sec. 401. Subcommittee Related on Intelligence
Oversight.
(a) Establishment.--There is established in the
Select Committee on Intelligence a Subcommittee on
Oversight which shall be in addition to any other
subcommittee established by the select Committee.
(b) Responsibility.--The Subcommittee on
Oversight shall be responsible for ongoing oversight
of intelligence activities.
Sec. 402. Subcommittee Related to Intelligence
Appropriations.
(a) Establishment.--There is established in the
Committee on Appropriations a Subcommittee on
Intelligence. The Committee on Appropriations shall
reorganize into 13 subcommittees as soon as possible
after the convening of the 109th Congress.
(b) Jurisdiction.--The Subcommittee on
Intelligence of the Committee on Appropriations
shall have jurisdiction over funding for
intelligence matters, as determined by the Senate
Committee on Appropriations.
82.5
TITLE V--EFFECTIVE DATE
Sec. 501. Effective Date.
This resolution shall take effect on the convening of
the 109th Congress.
[S. Res. 445, 108-2, Oct. 9, 2004.]
83 REORGANIZATION OF SENATE COMMITTEE SYSTEM\9\
---------------------------------------------------------------------------
\9\Omitted portions amended the Standing Rules of the
Senate and various Senate resolutions, were temporary in
nature, or have been executed.
---------------------------------------------------------------------------
Resolved, That this resolution may be cited as the
``Committee System Reorganization Amendments of 1977''.
83.1 TITLE I--SENATE COMMITTEES; JURISDICTIONS AND SIZES
* * * * * * *
84 SPECIAL COMMITTEE ON AGING
Sec. 104. (a)(1) There is established a Special
Committee on Aging (hereafter in this section referred to as
the ``special committee'') which shall consist of
nineteen\10\ members. The members and chairman of the
special committee
[[Page 148]]
shall be appointed in the same manner and at the same time
as the members and chairman of a standing committee of the
Senate. After the date on which the majority and minority
members of the special committee are initially appointed on
or after the effective date of Title I of the Committee
System Reorganization Amendments of 1977, each time a
vacancy occurs in the membership of the special committee,
the number of members of the special committee shall be
reduced by one until the number of members of the special
committee consists of nine Senators.
---------------------------------------------------------------------------
\10\See paragraph 3(b) of rule XXV of the Standing
Rules.
---------------------------------------------------------------------------
(2)\11\ For purposes of paragraph 1 of rule XXV;
paragraphs 1, 7(a)(1)-(2), 9, and 10(a) of rule XXVI; and
paragraphs 1(a)-(d), and 2 (a) and (d) of rule XXVII of the
Standing Rules of the Senate; and for purposes of section
202 (i) and (j) of the Legislative Reorganization Act of
1946, the special committee shall be treated as a standing
committee of the Senate.\12\
---------------------------------------------------------------------------
\11\The references in this paragraph were changed as a
result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979;
and further changed as a result of the adoption of S. Res.
389, 96-2, Mar. 25, 1980.
\12\As amended, S. Res. 78, 95-1, Feb. 11, 1977; S. Res.
376, 95-2, Mar. 6, 1978.
---------------------------------------------------------------------------
(b)(1) It shall be the duty of the special committee to
conduct a continuing study of any and all matters pertaining
to problems and opportunities of older people, including,
but not limited to, problems and opportunities of
maintaining health, of assuring adequate income, of finding
employment, of engaging in productive and rewarding
activity, of securing proper housing, and, when necessary,
of obtaining care or assistance. No proposed legislation
shall be referred to such committee, and such committee
shall not have power to report by bill, or otherwise have
legislative jurisdiction.
(2) The special committee shall, from time to time (but
not less often than once each year), report to the Senate
the results of the study conducted pursuant to paragraph
(1), together with such recommendation as it considers
appropriate.
(c)(1) For the purposes of this section, the special
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction, (B)
to make expenditures from the contingent fund of the Senate,
(C) to employ personnel, (D) to hold hearings, (E) to sit
and act at any time or place during the sessions, recesses,
[[Page 149]]
and adjourned periods of the Senate, (F) to require, by
subpoena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(G) to take depositions and other testimony, (H) to procure
the services of individual consultations or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (I) with
the prior consent of the Government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(2) The chairman of the special committee or any member
thereof may administer oaths to witnesses.
(3) Subpenas authorized by the special committee may be
issued over the signature of the chairman, or any member of
the special committee designated by the chairman, and may be
served by any person designated by the chairman or the
member signing the Subpena.
(d) All records and papers of the temporary Special
Committee on Aging established by Senate Resolution 33,
Eighty-seventh Congress, are transferred to the special
committee.
(e) (Executed.)
85 COMMITTEE ON INDIAN AFFAIRS \13\
Sec. 105. (a)(1) There is established a temporary Select
Committee on Indian Affairs (hereafter in this section
referred to as the ``select committee'') which shall consist
of seven \14\ members, four to be appointed by the President
of the Senate, upon the recommendation of the majority
leader, from among members of the majority party and three
to be appointed by the President of the Senate, upon the
recommendation of the minority leader, from among the
members of the minority party. The select committee shall
select a chairman from among its members.
---------------------------------------------------------------------------
\13\ Name changed from ``Select Committee on Indian
Affairs'' by provision of S. Res. 71, 103-1, Feb. 24, 1993.
\14\ See paragraph 3(c) of rule XXV of the Standing
Rules.
---------------------------------------------------------------------------
(2) A majority of the members of the committee shall
constitute a quorum thereof for the transaction of business,
except that the select committee may fix a lesser number as
a quorum for the purpose of taking testimony. The select
committee shall adopt rules of procedure not inconsistent
[[Page 150]]
with this section and the rules of the Senate governing
standing committees of the Senate.
(3) Vacancies in the membership of the select committee
shall not affect the authority of the remaining members to
execute the functions of the select committee.
(4) For purposes of paragraph 4 \15\ of rule XXV of the
Standing Rules of the Senate, service of a Senator as a
member or chairman of the select committee shall not be
taken into account.
---------------------------------------------------------------------------
\15\ Changed from ``paragraph 6'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
(b)(1) All proposed legislation, messages, petitions,
memorials, and other matters relating to Indian affairs
shall be referred to the select committee.
(2) It shall be the duty of the select committee to
conduct a study of any and all matters pertaining to
problems and opportunities of Indians, including but not
limited to, Indian land management and trust
responsibilities, Indian education, health, special
services, and loan programs, and Indian claims against the
United States.
(3) The select committee shall from time to time report
to the Senate, by bill or otherwise, its recommendations
with respect to matters referred to the select committee or
otherwise within its jurisdiction.
(c)(1) For the purposes of this section, the select
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction, (B)
to make expenditures from the contingent fund of the Senate,
(C) to employ personnel, (D) to hold hearings, (E) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (F) to require, by
subpoena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(G) to take depositions and other testimony, (H) to procure
the services of individual consultants or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (I) with
the prior consent of the Government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(2) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
[[Page 151]]
(3) Subpoenas authorized by the select committee may be
issued over the signature of the chairman, or any member of
the select committee designated by the chairman, and may be
served by any person designated by the chairman or the
member signing the subpoena.
(d) The select committee shall cease to exist on January
2, 1984,\16\ and effective on January 3, 1984, jurisdiction
over the matters specified in subsection (b)(1) and the duty
specified in subsection (b)(2) are transferred to the
Committee on Health, Education, Labor, and Pensions.\17\
---------------------------------------------------------------------------
\16\ The Senate, by unanimous consent, Nov. 18, 1983,
provided for the continuation of the select committee with
all of its jurisdictional responsibilities until July 1,
1984. S. Res. 127, agreed to June 6, 1984, established the
Select Committee on Indian Affairs as a permanent committee
of the Senate.
\17\ Name changed from Committee on Human Resources to
Committee on Labor and Human Resources by S. Res. 30, 96-1,
Mar. 7, 1979. Name changed to Committee on Health,
Education, Labor, and Pensions by S. Res. 28, 106-1, Jan.
21, 1999.
---------------------------------------------------------------------------
* * * * * * *
[Sec. 105 of S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 405, 95-
2, Oct. 15, 1978; S. Res. 448, 96-2, Dec. 11, 1980; Cong.
Rec., Nov. 18, 1983; S. Res. 127, 98-2, June 6, 1984.]
85.1 TITLE II--COMMITTEE ASSIGNMENTS; CHAIRMANSHIPS
Sec. 201. * * *
(f) It is the sense of the Senate that, in adopting
rules, each committee of the Senate should include a
provision to insure that assignment of Senators to
subcommittees will occur in an equitable fashion; namely,
that no member of a committee will receive assignment to a
second subcommittee until, in order of seniority, all
members of the committee have chosen assignments to one
subcommittee, and no member shall receive assignment to a
third subcommittee until, in order of seniority, all members
have chosen assignments to two subcommittees.
* * * * * * *
85.2 TITLE IV--SCHEDULING OF COMMITTEE MEETINGS
Sec. 401. (a) In consultation with the Majority Leader
and the Minority Leader, the Committee on Rules and
Administration shall establish and maintain a computerized
schedule of all meetings of committees of the Senate and
subcommittees thereof, and of all meetings of joint
committees of the Congress and subcommittees thereof. Such
schedule shall be maintained online to terminals in the
offices of all Senators, committees of the Senate, and
permanent joint committees of the Congress, and shall be up
[[Page 152]]
dated immediately upon receipt of notices of meetings or
cancellations thereof under this section.
(b) Each committee of the Senate, and each subcommittee
thereof, shall notify the office designated by the Committee
on Rules and Administration of each meeting of such
committee or subcommittee, including the time period or
periods (as prescribed in paragraph 6 of rule XXVI \18\ of
the Standing Rules of the Senate), the place, and the
purpose of such meeting. The Senate members of any joint
committee of the Congress or of a subcommittee thereof shall
cause notice to be given to the office designated by the
Committee on Rules and Administration of each meeting of
such joint committee or subcommittee, including the time,
place, and purposes of such meeting. Notice under this
subsection shall be given immediately upon scheduling a
meeting.
---------------------------------------------------------------------------
\18\ Changed from ``paragraph 9 of rule XXV'' as a
result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
(c) Each committee of the Senate, and each subcommittee
thereof, shall notify the office designated by the Committee
on Rules and Administration immediately upon the
cancellation of a meeting of such committee or subcommittee.
The Senate members of any joint committee of the Congress or
any subcommittee thereof shall cause notice to be given to
the office designated by the Committee on Rules and
Administration immediately upon the cancellation of a
meeting of such joint committee or subcommittee.
(d) For purposes of this section, the term ``joint
committee of the Congress'' includes a committee of
conference.
* * * * * * *
85.3 TITLE V--CONTINUING REVIEW OF THE COMMITTEE SYSTEM
Sec. 501. (a) The Committee on Rules and Administration,
in consultation with the Majority Leader and the Minority
Leader, shall review, on a continuing basis, the committee
system of the Senate and the Standing Rules and other rules
of the Senate related thereto.
(b) During the second regular session of each Congress,
the Committee on Rules and Administration shall submit to
the Senate a report of the results of its review under
subsection (a) during that Congress. Such report shall
include its recommendations (if any) for changes in the
committee system of the Senate and the Standing Rules and
other rules of the Senate related thereto. The Committee on
Rules and Administration may submit, from time to
[[Page 153]]
time, such other reports and recommendations with respect to
such committee system and rules as it deems appropriate.
(c) The Committee on Rules and Administration, the
Majority Leader, and the Minority Leader may request the
Secretary for the Majority and the Secretary for the
Minority to provide assistance in carrying out their duties
and responsibilities under this section.
* * * * * * *
[S. Res. 4, 95-1, Feb. 4, 1977.]
86 ACCEPTANCE OF GIFTS BY THE COMMITTEE ON RULES AND
ADMINISTRATION
Sec. 4. The Senate Committee on Rules and
Administration, on behalf of the Senate, may accept a gift
if the gift does not involve any duty, burden, or condition,
or is not made dependent upon some future performance by the
United States Senate. The Committee on Rules and
Administration is authorized to promulgate regulations to
carry out this section.
[S. Res. 158, 104-1, July 28, 1995.]
87 AUTHORIZING SUIT BY SENATE COMMITTEES
Resolved, That hereafter any committee of the Senate is
hereby authorized to bring suit on behalf of and in the name
of the United States in any court of competent jurisdiction
if the committee is of the opinion that the suit is
necessary to the adequate performance of the powers vested
in it or the duties imposed upon it by the Constitution,
resolution of the Senate, or other law. Such suit may be
brought and prosecuted to final determination irrespective
of whether or not the Senate is in session at the time the
suit is brought or thereafter. The committee may be
represented in the suit either by such attorneys as it may
designate or by such officers of the Department of Justice
as the Attorney General may designate upon the request of
the committee. No expenditures shall be made in connection
with any such suit in excess of the amount of funds
available to the said committee. As used in this resolution,
the term ``committee'' means any standing or special
committee of the Senate, or any duly authorized subcommittee
thereof, or the Senate members of any joint committee.
[S. Jour. 572, 70-1, May 28, 1928.]
[[Page 154]]
88 NATIONAL SECURITY WORKING GROUP
Sec. 21. Senate National Security Working Group
Extension and Revision.
(a) Working Group Reconstitution.--
(1) In General.--The Senate National Security
Working Group (in this section referred to as the
``Working Group''), authorized by Senate Resolution
105 of the 101st Congress, 1st session (agreed to on
April 13, 1989), as subsequently amended and
extended, is hereby reconstituted.
(2) Duties.--The Working Group--
(A) shall serve as a forum for
bipartisan discussion of current national
security issues relating to the
jurisdictions of multiple committees of the
Senate;
(B) shall conduct regular meetings and
maintain records of all meetings and
activities;
(C) may authorize members to act as
official observers on the United States
delegation to any negotiations to which the
United Statesis a party regarding--
(i) the reduction, limitation, or
control of conventional weapons, weapons of
mass destruction, or the means for delivery
of any such weapons;
(ii) the reduction, limitation, or
control of missile defenses; or
(iii) export controls;
(D) may study any issues related to
national security that the majority leader
of the Senate and the minority leader of the
Senate jointly determine appropriate;
(E) is encouraged to consult with
parliamentarians and legislators of foreign
nations and to participate in international
forums and institutions regarding the
matters described in subparagraphs (C) and
(D); and
(F) is not authorized to investigate
matters relating to espionage or
intelligence operations against the United
States, counterintelligence operations and
activities, or other intelligence matters
within the jurisdiction of the Select
Committee on Intelligence under Senate
Resolution 400 of the 94th Congress, agreed
to on May 19, 1976.
[[Page 155]]
(3) Composition.--
(A) In General.--The Working Group shall
be composed of 20 members, as follows:
(i) 7 Cochairmen, who shall head the
Working Group, as follows:
(I) 4 Members of the Senate from the
majority party in the Senate (in this
section referredto as the ``Majority
Cochairmen''), appointed by the majority
leader of the Senate.
(II) 3 Members of the Senate from
the minority party in the Senate (in this
section referred to as the ``Minority
Cochairmen''), appointed by the minority
leader of the Senate.
(ii) The majority leader of the Senate
and the minority leader of the Senate.
(iii) 5 Members of the Senate from the
majority party in the Senate, appointed by
the majority leader of the Senate.
(iv) 6 Members of the Senate from the
minority party in the Senate, appointed by
the minority leader of the Senate.
(B) Administrative Cochairmen.--The
majority leader of the Senate shall
designate one of the Majority Cochairmen to
serve as the Majority Administrative
Cochairman, and the minority leader of the
Senate shall designate one of the Minority
Cochairmen to serve as the Minority
Administrative Cochairman.
(C)Publication.--Appointments and
designations under this paragraph shall be
printed in the Congressional Record.
(4) Vacancies.--Any vacancy in the Working
Group shall be filled in the same manner in which
the original appointment was made.
(b) Working Group Staff.--
(1) Compensation and Expenses.--(A) The
Working Group is authorized, from funds made
available under subsection (c), to employ such staff
in the manner and at a rate not to exceed that
allowed for employees of a committee of the Senate
under paragraph (3) of section 105(e) of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C.
61-1(e)), and incur such expenses as may be
necessary or appropriate to carry out its duties and
functions.
[[Page 156]]
(B) Senate Resolution 243, 100th
Congress, agreed to July 1, 1987, is amended
in section 2(b) by striking the period at
the end and inserting ``at a rate not to
exceed that allowed for employees of a
committee of the Senate under paragraph (3)
of section 105(e) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61-
1(e)).''.
(C) Payments made under this subsection
for receptions, meals, and food-related
expenses shall be authorized, however, only
for those actual expenses incurred by the
Working Group in the course of conducting
its official duties and functions. Amounts
received as reimbursement for such food
expenses shall not be reported as income,
and the expenses so reimbursed shall not be
allowed as a deduction under title 26,
United States Code.
(2) Designation of Professional Staff.--
(A) In General.--The Majority
Administrative Cochairman shall designate
one or more professional staff members for
each Majority Cochairman of the Working
Group, upon recommendations from each such
Majority Co-chairman. The Minority
Administrative Co-chairman shall designate
one or more professional staff members for
each Minority Cochairman of the Working
Group, upon recommendations from each such
Minority Cochairman.
(B) Compensation of Senate Employees.--
In the case of the compensation of any such
professional staff member who is an employee
of a Member of the Senate or of a committee
of the Senate and who has been designated to
perform services for the Working Group, such
professional staff member shall continue to
be paid by such Member or such Committee, as
the case may be, but the account from which
such professional staff member is paid shall
be reimbursed for the services of such
professionalstaff member (includingagency
contributions when appropriate) out of funds
made available under subsection (c)(2).
[[Page 157]]
(C) Duties.--The professional staff
members authorized by this paragraph shall
serve all members of the Working Group and
shall carry out such other functions as
their respective Co-chairmen may specify.
(D) Exclusive Participation in Official
Activities.--Except as provided in paragraph
(4), only designated staff of the Working
Group may participate in the official
activities of the Working Group.
(3) Leadership Staff.--
(A) In General.--The majority leader of
the Senate and the minority leader of the
Senate may each designate 2 staff members
who shall be responsible to the respective
leader.
(B) Compensation.--Funds necessary to
compensate leadership staff shall be
transferred from the funds made available
under subsection (c)(3) to the respective
account from which such designated staff
member is paid.
(4) Foreign Travel.--
(A) In General.--All foreign travel of
the Working Group shall be authorized solely
by the majority leader of the Senate and the
minority leader of the Senate, upon the
recommendation of the Administrative
Cochairmen. Participation by Senate staff
members in, and access to, all official
activities and functions of the Working
Group during foreign travel, and access to
all classified briefings and information
made available to the Working Group during
such travel, shall be limited exclusively to
Working Group staff members with appropriate
clearances.
(B) Authorization Required.--
(i) Committee Staff.--No foreign
travel or other funding shall be authorized
by any committee of the Senate for the use
of staff for activities described under this
paragraph without the joint written
authorization of the majority leader of the
Senate and the minority leader of the Senate
to the chairman of such committee.
(ii) Member Staff.--No foreign travel
or other funding shall be authorized for the
staff of any Member of the Senate, other
than Working Group staff, for activities
described under this
[[Page 158]]
paragraph unless the majority leader of the
Senate and the minority leader of the Senate
jointly so authorize in writing.
(c) Payment of Expenses.--
(1) In General.--The expenses of the Working
Group shall be paid from the contingent fund of the
Senate, out of the account of Miscellaneous Items,
upon vouchers approved jointly by the Administrative
Cochairmen (except that vouchers shall not be
required for the disbursement of salaries of
employees who are paid at an annual rate).
(2) Amounts Available.--For any fiscal year,
not more than $500,000 shall be expended for staff
and for expenses (excepting expenses incurred for
foreign travel), of which not more than $100,000
shall be available for each Administrative
Cochairman and the staff of such Administrative
Cochairman, and not more than $60,000 shall be
available for each Cochairman who is not an
Administrative Cochairman and the staff of such
Cochairman.
(3) Leadership Staff.--In addition to the
amounts referred to in paragraph (2), for any fiscal
year, not more than $200,000 shall be expended from
the contingent fund of the Senate, out of the
account of Miscellaneous Items, for leadership staff
as designated in subsection (b)(3) for salaries and
expenses (excepting expenses incurred for foreign
travel).
(d) Sunset.--The provisions of this section
shall remain in effect until December 31, 2020.
[S. Res. 64, 113-1, Mar. 5, 2013, as amended Further
Continuing and Security Assistance Appropriations Act, 2017,
Pub. L. 114-254, Dec. 10, 2016; as amended Energy and Water,
Legislative Branch and Military Construction and Veterans
Affairs Appropriations Act, 2019, Pub. L. No. 115-244, Sept.
21, 2018.]
89 SPECIAL DEPUTIES
Resolved, That the Sergeant at Arms of the Senate is
authorized and empowered from time to time to appoint such
special deputies as he may think necessary to serve process
or perform other duties devolved upon the Sergeant at Arms
by law or the rules or orders of the Senate, or which may
hereafter be devolved upon him, and in such case they shall
be officers of the Senate; and any act done or return made
by the deputies so appointed shall have like effect and be
of the same validity as if performed or made by the Sergeant
at Arms in person.
[S. Jour. 47, 51-1, Dec. 17, 1889.]
[[Page 159]]
90 OFFICE OF DEPUTY PRESIDENT PRO TEMPORE
Resolved, That, effective January 5, 1977, there is
hereby established in the United States Senate the Office of
Deputy President Pro Tempore.
Sec. 2. Any Member of the Senate who has held the Office
of President of the United States or Vice President of the
United States shall be a Deputy President pro tempore.
Sec. 3. [Superseded.]
Sec. 4. The Sergeant at Arms and Doorkeeper is
authorized (a) to provide, by lease or purchase, and
maintain an automobile for each Deputy President pro
tempore, and (b) to employ and fix the compensation of a
driver-messenger for each Deputy President pro tempore at
not to exceed $18,584\19\ per annum.
---------------------------------------------------------------------------
\19\ Superseded by 2 U.S.C. 6597, Pub. L. 97-51, Oct. 1,
1981, Sec. 116, 95 Stat. 963.
---------------------------------------------------------------------------
Sec. 5. [Superseded.]
Sec. 6. [Superseded.]
Sec. 7. Until otherwise provided by law, the Secretary
of the Senate is authorized to pay from the contingent fund
of the Senate such amounts as may be necessary, for salaries
and expenses, to carry out the provisions of this
resolution. Expenses incurred under section 4(a) of this
resolution shall be paid upon vouchers approved by the
Sergeant at Arms and Doorkeeper. Vouchers shall not be
required for the disbursement of salaries of employees paid
under authority of this resolution.
[S. Res. 17, 95-1, Jan. 10, 1977.]
Resolved, That (a) In addition to Senators who hold the
office of Deputy President pro tempore under authority of S.
Res. 17 of the 95th Congress (agreed to January 10, 1977),
any other Member of the Senate who is designated as such by
the Senate in a Senate resolution shall be the Deputy
President pro tempore of the Senate, and shall hold office
at the pleasure of the Senate during the 100th Congress.
(b) The Deputy President pro tempore who is designated
as such pursuant to the authority contained in this
resolution is authorized to appoint and fix the compensation
of such employees as he deems appropriate: Provided, That
the gross compensation paid to such employees shall not
exceed $90,000 for any fiscal year.
[[Page 160]]
(c) The following provisions shall not be applicable to
the Deputy President pro tempore who is designated as such
pursuant to the authority contained in this resolution:
(1) the provisions of S. Res. 17 of the 95th Congress
(agreed to January 10, 1977);
(2) the provisions relating to compensation of a Deputy
President pro tempore which appear in chapter VIII of Title
I of the Supplemental Appropriations Act, 1977, and which
are carried in section 32a of Title 2, United States Code;
and
(3) the provisions relating to staff of a Deputy
President pro tempore which appear in chapter VIII of Title
I of the Supplemental Appropriations Act, 1977, and which
are carried in section 611 of Title 2, United States Code.
(d) Salaries under authority of this section shall be
paid from any funds available in the Senate appropriation
account for Salaries, Officers and Employees.
Sec. 2. (a) The Sergeant at Arms and Doorkeeper is
authorized to provide, by lease or purchase, and maintain an
automobile for the former President pro tempore.
(b) The Secretary of the Senate is authorized to pay
from the contingent fund of the Senate such amounts as may
be necessary for expenses to carry out the provisions of
this section. Such expenses shall be paid upon vouchers
approved by the Sergeant at Arms and Doorkeeper.
[S. Res. 90, 100-1, Jan. 28, 1987.]
91 MANAGING POLITICAL FUND ACTIVITY
Sec. 1701. The Majority Leader and the Minority Leader
may each designate up to 2 employees of their respective
leadership office staff as designees referred to in the
second sentence of paragraph 1 of rule XLI of the Standing
Rules of the Senate.
[Further Consolidated Appropriations Act, 2020, Pub. L. 116-
94, Dec. 20, 2019.]
92 SENATE PARLIAMENTARIAN EMERITUS
Whereas the Senate has been advised of the retirement of its
Parliamentarian, Floyd M. Riddick, at the end of this
session: Therefore be it
Resolved, That, effective at the sine die adjournment of
this session, as a token of the appreciation of the Senate
for his long and faithful service, Floyd M. Riddick is
hereby designated as Parliamentarian Emeritus of the United
States Senate.
[S. Jour. 1519, 93-2, Dec. 5, 1974.]
[[Page 161]]
Resolved, That Murray Zweben be, and he is hereby,
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 297, 98-1, Nov. 18, 1983.]
Resolved, That Robert B. Dove be, and he is hereby,
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 32, 100-1, Jan. 6, 1987.]
Resolved, That Alan Scott Frumin be, and he is hereby
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 23, 105-1, Jan. 23, 1997.]
93 SENATE CHIEF COUNSEL FOR EMPLOYMENT EMERITUS
Whereas Jean M. Manning will retire from the United States
Senate after having served with distinction as the
Senate's first Chief Counsel for Employment from 1993 to
2014;
Whereas Jean M. Manning has dedicated her Senate service to
providing legal representation, legal advice and legal
training to all senators and their management staff with
respect to all matters arising under the Government
Employee Rights Act of 1991, and the Congressional
Accountability Act of 1995;
Whereas Jean M. Manning has represented Senate offices with
distinction before the federal courts;
Whereas Jean M. Manning has upheld the high standards and
traditions of the Senate with abiding devotion and has
performed her Senate duties in an impartial,
professional manner; and
Whereas Jean M. Manning has earned the respect, affection
and esteem of the United States Senate: Now, therefore,
be it
Resolved, That, upon her retirement on March 19, 2014,
as a token of the appreciation of the Senate for her long
and faithful service, Jean M. Manning is hereby designated
as Chief Counsel for Employment Emeritus of the United
States Senate.
[S. Res. 391, 113-2, Mar. 13, 2014.]
94 SENATE HISTORIAN EMERITUS
Whereas Donald A. Ritchie will retire from the United States
Senate after serving with distinction, first as
Associate Historian from 1976 to 2009, and then as
Senate Historian from 2009 to 2015;
[[Page 162]]
Whereas Donald A. Ritchie has dedicated his Senate service
to preserving, protecting, and promoting the history of
the Senate and its members;
Whereas Donald A. Ritchie has produced or guided production
of numerous publications detailing the rich
institutional history of the Senate;
Whereas Donald A. Ritchie has been instrumental in
preserving, organizing, and making available to scholars
the vast archival holdings of the Senate and its
members;
Whereas Donald A. Ritchie has assisted in the Senate's
commemoration of events of historical significance and
in the development of exhibitions and educational
programs on the history of the Senate and the Capitol;
Whereas Donald A. Ritchie has guided the Senate's
comprehensive Oral History Project to capture and
preserve the institutional memory of Senators, Senate
officers, and Senate staff;
Whereas Donald A. Ritchie has upheld the high standards and
traditions of the Senate, and has performed his duties
in a professional and nonpartisan manner; and
Whereas Donald A. Ritchie has earned the respect and esteem
of the United States Senate; Now, therefore, be it
Resolved, That, effective June 1, 2015, as a token of
the appreciation of the Senate for his long and faithful
service, Donald A. Ritchie is hereby designated as Historian
Emeritus of the United States Senate.
[S. Res. 147, 114-1, Apr. 22, 2015.]
95 SENATE CURATOR EMERITUS
Whereas Diane K. Skvarla will retire from the Senate after
18 years as Senate Curator, and more than 30 years of
Senate service;
Whereas she has diligently cared for and greatly enhanced
the material history and historic spaces of the Senate
as a legacy for future generations;
Whereas she has educated and inspired the Senate community,
visitors to the Capitol, and the people of the United
States with numerous exhibits, publications, and
educational programs;
Whereas her vision and leadership resulted in significant
improvements to the restoration and historic
interpretation of the Old Senate Chamber and other
historic rooms of the Capitol;Whereas she has caused to
be pub
[[Page 163]]
lished significant catalogues of the fine and graphic
art collections of the Senate for the benefit of the
people of the United States;
Whereas she has upheld the highest standards and traditions
of the Senate with unwavering dedication; and
Whereas she has earned the respect, affection, and esteem of
the Senate: Now, therefore, be it
Resolved, That, effective January 27, 2014, as a token
of the appreciation of the Senate for her long and faithful
service, Diane K. Skvarla is hereby designated as Curator
Emeritus of the United States Senate.
[S. Res. 338, 113-2, Jan. 27, 2014.]
96 SENATE SECURITY DIRECTOR EMERITUS
Whereas Michael P. DiSilvestro will retire from the United
States Senate after serving for over 30 years as the
first Director of the Office of Senate Security, and in
the Senate for over 37 years total, including numerous
postponements of his retirement when the needs of the
Senate prevailed upon him;
Whereas his career has been dedicated to protecting and
facilitating the Senate's ability to review, discuss,
and act upon the most sensitive national security
information in our Government;
Whereas he represented the Senate boldly and effectively to
the executive branch of Government as it delivered
critical documents and briefings for the consideration
and oversight of the Senate;
Whereas his selfless dedication to the Senate's
constitutional function has made him a leader in
planning and executing continuity programs for the
Senate and Congress as a whole;
Whereas, at great peril, he remained on the front line of
service to the Senate in times of heinous attacks on
Senate offices;
Whereas he has upheld the highest standards and traditions
of the Senate as a universally trusted voice of
nonpartisan professionalism and expertise; and
Whereas he has earned the respect and esteem of the Senate:
Now, therefore, be it
Resolved, That, effective May 23, 2020, as a token of
the appreciation of the Senate for his long and faithful
service,
[[Page 164]]
Michael P. DiSilvestro is hereby designated as Director
Emeritus of Senate Security of the United States Senate.
[S. Res. 582, 116-2, May 19, 2020.]
97 PERSONS NOT FULL-TIME EMPLOYEES OF SENATE \20\
Resolved, That hereafter, standing or select committees
employing the services of persons who are not full-time
employees of the Senate or any committee thereof shall
submit monthly reports to the Senate (or to the Secretary
during a recess or adjournment) showing (1) the name and
address of any such person; (2) the name and address of the
department or organization by whom his salary is paid; and
(3) the annual rate of compensation in each case.
---------------------------------------------------------------------------
\20\See also paragraphs 4 and 6 of rule XLI of the
Standing Rules of the Senate.
---------------------------------------------------------------------------
[S. Jour. 407, 78-2, Aug. 23, 1944.]
98 SENATE PAGES
Resolved, That it shall be the duty of the Sergeant at
Arms to classify the pages of the Senate, so that at the
close of the present and each succeeding Congress, one-half
the number shall be removed * * *.
[S. Jour. 514, 33-1, July 17, 1854.]
Resolved, That until otherwise hereafter provided for by
law, there shall be paid out of the contingent fund of the
Senate such amounts as may be necessary to enable the
Secretary of the Senate to furnish educational services and
related items for Senate Pages in accordance with this
resolution.
Sec. 2. The Senate Page program shall be administered by
the Sergeant at Arms and Doorkeeper of the Senate and the
Secretaries for the majority and minority of the Senate. All
policy decisions regarding the operation of the Senate Page
program shall be made by the Senate management board, with
the concurrence of the majority and minority leaders of the
Senate.
Sec. 3. In order to provide educational services and
related items for Senate Pages, the Secretary of the Senate
is authorized to enter into a contract, agreement, or other
arrangement with the Board of Education of the District of
Columbia, or to provide such educational services and items
in such other manner as he may deem appropriate.
Sec. 4. The educational services under the Senate Page
program shall consist of an academic year comprising two
[[Page 165]]
terms, and a Page serving in such program shall be in the
eleventh grade.
Sec. 5. The resolution shall take effect as of the date
of its approval.
[S. Res. 184, 98-1, July 29, 1983.]
Resolved, That the Secretary of the Senate is authorized
to withhold from the salary of each Senate page who resides
in the page residence hall an amount equal to the charge
imposed for lodging, meals, and related services, furnished
to such page in such hall. The amounts so withheld shall be
transferred by the Secretary of the Senate to the Clerk of
the House of Representatives for deposit by such Clerk in
the revolving fund, within the contingent fund of the House
of Representatives, for the page residence hall and page
meal plan, as established by H. Res. 64, 98th Congress.
[S. Res. 78, 98-1, Mar. 2, 1983.]
99 CLOSING THE OFFICE OF A SENATOR OR SENATE LEADER WHO DIES OR
RESIGNS
Resolved, That (a)(1) In the case of the death or
resignation of a Senator during his term of office, the
employees in the office of such Senator who are on the
Senate payroll on the date of such death or resignation
shall be continued on such payroll at their respective
salaries, unless adjusted by the Secretary of the Senate
with the approval of the Senate Committee on Rules and
Administration, for a period not to exceed sixty days, or
such greater number of days as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator. Such employees so continued on
the payroll of the Senate shall, while so continued, perform
their duties under the direction of the Secretary of the
Senate, and such Secretary shall remove from such payroll
any such employees who are not attending to the duties for
which their services are continued.
(2) If an employee of a Senator continued on the Senate
payroll pursuant to paragraph (1) resigns or is terminated
during the period required to complete the closing of the
office of such Senator, the Secretary of the Senate may
replace such employee by appointing another individual. Any
individual appointed as a replacement under the authority of
the preceding sentence shall be subject to the same terms of
employment, except for salary, as the employee such
individual replaces.
[[Page 166]]
(b) In the case of the death or resignation of a Senator
while holding the office of President pro tempore, Deputy
President pro tempore, President pro tempore emeritus,
Majority Leader, Minority Leader, Majority Whip, Minority
Whip, Secretary of the Conference of the Majority, Secretary
of the Conference of the Minority, of the Senate, the
Chairman of the Conference of the Majority, the Chairman of
the Conference of the Minority, the Chairman of the Majority
Policy Committee, or the Chairman of the Minority Policy
Committee, the employees of such office who are on the
payroll of the Senate on the date of such death or
resignation shall be continued on the Senate payroll in like
manner and under the same conditions as are employees in the
office of such Senator under subsection (a) of this section.
(c) No employee of the Senate who is continued on the
payroll of the Senate under the preceding provisions of this
section on account of the death or resignation of a Senator
shall be continued on such payroll after the date of the
expiration of the term of office of such Senator as a
Senator, or, such later date as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator.
(d) Payment of salaries of employees who are continued
on the Senate payroll under authority of this section, and
payment of agency contributions with respect to such
salaries, shall be made from the account for Miscellaneous
Items within the contingent fund of the Senate.
(e) During any period for which the employees of the
office of a Senator, who has died or resigned, are continued
on the Senate payroll under the first section of this
resolution, official office expenses which are necessary in
closing such Senator's office (or offices in case of a
Senator who dies or resigns while holding an office referred
to in subsection (b) of this section) shall be made from the
account for Miscellaneous Items within the contingent fund
of the Senate upon vouchers approved by the Secretary of the
Senate; except that the aggregate of such expenses shall not
exceed an amount equal to one-tenth of such Senator's
official office expense account for the year in which he
died or resigned.
(f) Duties to be performed by the Secretary of the
Senate under this section and under section 2 of this
resolution
[[Page 167]]
shall be performed under the direction of the Senate
Committee on Rules and Administration.
Sec. 2. In the case of the death of any Senator, the
Secretary of the Senate may, with respect to any item of
expense for which payment had been authorized to be made
from such Senator's official office expense account, certify
for such deceased Senator for any sum already obligated but
not certified to at the time of such Senator's death for
payment to the person or persons designated as entitled to
such payment by such Secretary.
Sec. 3. (a) The Sergeant at Arms and Doorkeeper of the
Senate shall make such arrangements as may be necessary, in
accordance with such regulations as the Senate Committee on
Rules and Administration may prescribe, for:
(1) the funeral of a deceased Senator; and
(2) any committee appointed to attend the
funeral of a deceased Senator.
(b) Expenses incurred in carrying out the provisions of
subsection (a) of this section shall be paid from the
account for Miscellaneous Items within the contingent fund
of the Senate, on vouchers approved by the Sergeant at Arms
and Doorkeeper of the Senate.
Sec. 4. The following Senate resolutions are repealed:
S. Res. 5, 82d Congress (agreed to April 11, 1951), and S.
Res. 354, 95th Congress (agreed to January 20, 1978).
Sec. 5. (a) Except as provided in subsection (b) of this
section, the provisions of this resolution shall take effect
upon the date it is agreed to by the Senate.
(b) The first section of this resolution shall take
effect on the date that there is hereafter enacted a
provision of law which (1) makes inapplicable to any
employee of the Senate the provisions of the third paragraph
under the heading ``Clerical assistance to Senators'' of the
first section of the Legislative Appropriation Act for the
fiscal year ending June 30, 1928 (2 U.S.C. 92a), and (2)
repeals (A) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1944 (2 U.S.C. 92e),
(B) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1945 (2 U.S.C. 92e),
(C) the next-to-last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1946
[[Page 168]]
(2 U.S.C. 92e), and (D) the next-to-last paragraph under the
heading ``Clerical assistance to Senators'' of the first
section of the Legislative Branch Appropriation Act, 1947 (2
U.S.C. 92e).
(c) After the date this resolution is agreed to, the
Chairman of the Senate Committee on Rules and Administration
shall make no further certifications under authority of
section 506(g) of the Supplemental Appropriations Act, 1973
(2 U.S.C. 58(g)).
[S. Res. 458, 98-2, Oct. 4, 1984; S. Res. 173, 100-1, Mar.
24, 1987, S. Res. 478, 108-2, Nov. 19, 2004; S. Res. 238,
110-1, June 18, 2007.]
100 PAY OF COMMITTEE STAFF DISPLACED BY CHANGE OF CHAIRMAN OR
RANKING MINORITY MEMBER \21\
---------------------------------------------------------------------------
\21\ S. Res. 9 established these provisions by amendment
to S. Res. 458 (Sec. 95 above).
---------------------------------------------------------------------------
Sec. 6. (a) For purposes of this section:
(1) The term ``committee'' means a standing,
select or special committee, or commission of the
Senate, or a joint committee of the Congress whose
funds are disbursed by the Secretary of the Senate.
(2) The terms ``Chairman'' and ``Ranking
Minority Member'' mean the Chairman, Vice Chairman,
Cochairman and Ranking Minority Member of a
committee.
(3) The term ``eligible staff member'' means an
individual--
(A) who was an employee--
(i) of a committee or subcommittee
thereof or a Senate leadership office
described in subsection (b) of the first
section of this resolution, or
(ii) in an office of a Senator on the
expiration of the term of office of such
Senator as a Senator, but only if the
Senator is not serving as a Senator for the
next term of office and was a candidate in
the general election for such next term,
(B) whose employment described in
subparagraph (A) was at least 183 days
(whether or not service was continuous)
before the date of termination of employment
described in paragraph (4), and
(C) whose pay is disbursed by the
Secretary of the Senate.
[[Page 169]]
The term ``eligible staff member'' shall not
include an employee to whom the first section of
this resolution applies.
(4) The term ``displaced staff member'' means an
eligible staff member--
(A) whose service as an employee of the
Senate is terminated solely and directly as
a result of--
(i) in the case of employment
described in paragraph (3)(A)(i), a change
in the individual occupying the position of
Chairman or Ranking Minority Member of a
committee or in the individual occupying the
Senate leadership office, and
(ii) in the case of employment
described in paragraph (3)(A)(ii), the
expiration of the term of office of the
Senator, and
(B) who is certified, not later than 60
days after the date of the change or
expiration of term of office, whichever is
applicable, as a displaced staff member by
the Chairman or Ranking Minority Member of
the committee, the Senator occupying the
Senate leadership office, or the Senator
whose term is expiring, whichever is
applicable, to the Secretary of the Senate.
(b) The Secretary of the Senate shall notify the
Committee on Rules and Administration of the name of each
displaced staff member.
(c)(1) Under regulations prescribed by the Committee on
Rules and Administration each displaced staff member shall,
upon application to the Secretary of the Senate and approval
by the Committee on Rules and Administration, continue to be
paid at their respective salaries for a period not to exceed
60 days following the staff member's date of termination or
until the staff member becomes otherwise gainfully employed,
whichever is earlier.
(2) A statement in writing by any such employee that he
was not gainfully employed during such period or the portion
thereof for which payment is claimed shall be accepted as
prima facie evidence that he was not so employed.
(d) Funds necessary to carry out the provisions of this
section shall be available as set forth in section 1(d).
[S. Res. 9, 103-1, Jan. 7, 1993; S. Res. 478, 108-2, Nov.
19, 2004.]
[[Page 170]]
101 PAY OF CLERICAL AND OTHER ASSISTANTS AS AFFECTED BY
TERMINATION OF SERVICE OF APPOINTED SENATORS
Resolved, That in any case in which (1) a Senator is
appointed to fill any portion of an unexpired term, (2) an
election is thereafter held to fill the remainder of such
unexpired term, and (3) the Senator so appointed is not a
candidate or if a candidate is not elected at such election,
his clerical and other assistants on the payroll of the
Senate on the date of termination of his service shall be
continued on such roll at their respective salaries until
the expiration of thirty days following such date or until
they become otherwise gainfully employed, whichever is
earlier, such sums to be paid from the contingent fund of
the Senate. A statement in writing by any such employee that
he was not gainfully employed during such period or the
portion thereof for which payment is claimed shall be
accepted as prima facie evidence that he was not so
employed. The provisions of this resolution shall not apply
to an employee of any such Senator if on or before the date
of termination of his service he notifies the Disbursing
Office of the Senate in writing that he does not wish the
provisions of this resolution to apply to such employee.
[S. Jour. 421, 86-2, June 28, 1960.]
102 LEAVE WITHOUT PAY STATUS FOR CERTAIN SENATE EMPLOYEES
PERFORMING SERVICE IN THE UNIFORMED SERVICES
Sec. 1. Leave without pay status for certain Senate
employees performing service in the uniformed services.
(a) Definitions.--In this section--
(1) the terms ``employee'' and ``Federal
executive agency'' have the meanings given those
terms under section 4303 (3) and (5) of title 38,
United States Code, respectively; and
(2) the term ``employee of the Senate'' means
any employee whose pay is disbursed by the Secretary
of the Senate, except that the term does not include
a member of the Capitol Police or a civilian
employee of the Capitol Police.
(b) Leave without pay status--An employee of the Senate
who is deemed to be on furlough or leave of absence under
section 4316(b)(1)(A) of title 38, United States Code, by
reason of service in the uniformed services--
(1) may be placed in a leave without pay status
while so on furlough or leave of absence; and
(2) while placed in that status, shall be
treated--
[[Page 171]]
(A) subject to subparagraph (B), as an
employee of a Federal executive agency in a
leave without pay status for purposes of
chapters 83, 84, 87, and 89 of title 5,
United States Code; and
(B) as a Congressional employee for
purposes of those chapters.
(c) Effective Date.--This section shall take effect on
October 1, 2001, and apply to fiscal year 2002 and each
fiscal year thereafter.
[S. Res. 193, 107-1, Dec. 19, 2001.]
103 LOYALTY CHECKS ON SENATE EMPLOYEES \22\
Resolved, That hereafter when any person is appointed as
an employee of any committee of the Senate, of any Senator,
or of any office of the Senate the committee, Senator, or
officer having authority to make such appointment shall
transmit the name of such person to the Federal Bureau of
Investigation, together with a request that such committee,
Senator, or officer be informed as to any derogatory and
rebutting information in the possession of such agency
concerning the loyalty and reliability for security purposes
of such person, and in any case in which such derogatory
information is revealed such committee, Senator, or officer
shall make or cause to be made such further investigation as
shall have been considered necessary to determine the
loyalty and reliability for security purposes of such
person.
---------------------------------------------------------------------------
\22\ This resolution has not been generally implemented
since the Federal Bureau of Investigation took the position
that it was not authorized to divulge the information
referred to in the resolution. However, the Bureau and the
Department of Defense cooperate with Senate committees and
offices which request security checks of specific employees
when it is considered necessary by a committee chairman or
officer of the Senate.
---------------------------------------------------------------------------
Every such committee, Senator, and officer shall
promptly transmit to the Federal Bureau of Investigation a
list of the names of the incumbent employees of such
committee, Senator, or officer together with a request that
such committee, Senator, or officer be informed of any
derogatory and rebutting information contained in the files
of such agency concerning the loyalty and reliability for
security purposes of such employee.
[S. Jour. 144, 83-1, Mar. 6, 1953.]
104 EQUAL EMPLOYMENT OPPORTUNITIES\23\
Whereas the Senate supports the principle that each
individual is entitled to the equal protection of the
laws
[[Page 172]]
guaranteed by the Fourteenth Article of Amendment to the
Constitution of the United States; and
---------------------------------------------------------------------------
\23\ See also rule XLII of the Standing Rules of the
Senate.
---------------------------------------------------------------------------
Whereas the Senate as an employer is not compelled by law to
provide to its employees the protections against
discrimination established in the Equal Pay Act of 1963
or Title VII of the Civil Rights Act of 1964: Now,
therefore, be it
Resolved, That (a) no Member, officer, or employee of
the Senate shall, with respect to employment by the Senate
or any office thereof--
(1) fail or refuse to hire an individual,
(2) discharge an individual, or
(3) 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 or state of handicap.
(b) Each Member, officer, and employee of the Senate
shall encourage the hiring of women and members of minority
groups at all levels of employment on the staffs of Members,
officers, and committees of the Senate.
[S. Res. 534, 94-2, Sept. 8, 1976.]
105 MANDATING ANTI-HARASSMENT TRAINING FOR SENATORS AND
OFFICERS, EMPLOYEES, AND INTERNS OF, AND DETAILEES TO THE
SENATE
Resolved,
SECTION 1. SHORT TITLE.
This resolution may be cited as the
``Senate Anti-Harassment Training Resolution
of 2017''.
Sec. 2. Definitions.
In this resolution--
(1) the term ``covered office'' means an
office, including a joint commission or
joint committee, employing Senate employees;
(2) the term ``covered position'' means
a position as--
(A) a Senate employee that is not a
position as a Senate manager;
(B) an intern or fellow in a covered
office--
(i) without regard to whether the
intern or fellow receives compensation; and
[[Page 173]]
(ii) if the intern or fellow does
receive compensation, without regard to the
source of compensation; or
(C) a detailee in a covered office,
without regard to whether the service is on
a reimbursable basis;
(3) the term ``head of a covered
office'' means--
(A) the Senator, officer, or Senate
manager having final authority to appoint,
hire, discharge, and set the terms,
conditions, or privileges of the employment
of the Senate employees employed by a
covered office; or
(B) in the case of a covered office
that is a joint committee or joint
commission, the Senator from the majority
party of the Senate who--
(i) is a member of, or has authority
over, the committee or commission; and
(ii)(I) serves in the highest
leadership role in the committee or
commission; or
(II) if there is no such leadership
role for a Senator on the committee or
commission, is the most senior Senator on
the committee or commission;
(4) the term ``officer'' means an
elected or appointed officer of the Senate;
(5) the term ``Senate employee'' means
an employee whose pay is disbursed by the
Secretary of the Senate, without regard to
the term of the appointment; and
(6) the term ``Senate manager'' means a
Senate employee empowered to effect a
significant change in the employment status
of another Senate employee, such as hiring,
firing, failing to promote, reassignment
with significantly different
responsibilities, or a decision causing a
change in benefits.
Sec. 3. Anti-Harassment Training.
(a) Senators, Officers, and Senate Managers.--
Each head of a covered office and Senate manager
shall complete training that addresses the various
forms of workplace harassment, including sexual
harassment, and related intimidation and reprisal
that are prohibited under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.)
and their role
[[Page 174]]
in recognizing and responding to harassment and
harassment complaints.
(b) Other Senate Staff.--Any individual serving
in a covered position shall complete training that
addresses the various forms of workplace harassment,
including sexual harassment, and related
intimidation and reprisal that are prohibited under
the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.).
(c) Ensuring Access.--The head of a covered
office shall ensure that each individual serving in
a covered position or as a Senate manager in the
covered office has access to the training required
under this section.
Sec. 4. Timing.
(a) Initial Training.--
(1) In General.--The training required
under section 3 shall be completed--
(A) for an individual elected,
appointed, or assigned to a position as a
Senator, officer, orSenate manager or to a
covered position after the date of adoption
of this resolution who was not serving in
the same covered office as a Senator,
officer, or Senate manager or in a covered
position immediately before being so
elected, appointed, or assigned, not later
than 60 days after the date on which the
individual assumes the position; and
(B) except as provided in paragraph
(2), for an individual serving in a position
as a Senator, officer, or Senate manager or
in a covered position on the date of
adoption of this resolution, not later than
60 days after such date of adoption.
(2) Individuals Receiving Recent
Training.--An individual serving as a
Senator, officer, or Senate manager or in a
covered position on the date of adoption of
this resolution who completed training that
addresses the various forms of workplace
harassment, including sexual harassment, and
related intimidation and reprisal that are
prohibited under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) during the period beginning on the
first day of the 115th Congress and ending
on such date of adoption shall be deemed to
have completed training under paragraph
(1)(B).
[[Page 175]]
(b) Periodic Training.--An individual serving in
a position as a Senator, officer, or Senate manager
or in a covered position shall complete the training
required under section 3 at least once during each
Congress beginning after the Congress during which
the individual completes the initial training in
accordance with subsection 9 (a).
Sec. 5. Certification.
(a) In General.--Not later than the last day of
each Congress, each covered office shall submit to
the Secretary of the Senate a certification
indicating whether each Senator, officer, and Senate
manager serving in a position in the covered office
and each individual serving in a covered position in
the covered office has completed the training
requirements under this resolution during that
Congress.
(b) Publication.--Not later than 30 days after
the first day of each Congress, the Secretary of the
Senate shall publish each certification submitted to
the Secretary of the Senate under subsection (a)
with respect to the previous Congress on the public
website of the Secretary of the Senate.
Sec. 6. Regulations or Guidance.
The Committee on Rules and Administration of the
Senate is authorized to issue such regulations or
guidance as it may determine necessary to carry out
this resolution.
[S. Res. 330, 115-1, Nov. 9, 2017.]
106 SENATE YOUTH PROGRAM
Whereas the continued vitality of our Republic depends, in
part, on the intelligent understanding of our political
processes and the functioning of our National Government
by the citizens of the United States; and
Whereas the durability of a constitutional democracy is
dependent upon alert, talented, vigorous competition for
political leadership; and
Whereas individual Senators have cooperated with various
private and university undergraduate and graduate
fellowship and internship programs relating to the work
of Congress; and
Whereas, in the high schools of the United States, there
exists among students who have been elected to student-
body offices in their sophomore, junior, or senior year
a potential reservoir of young citizens who are
[[Page 176]]
experiencing their first responsibilities of service to
a constituency and who should be encouraged to deepen
their interest in and understanding of their country's
political processes: Now, therefore, be it
Resolved, That the Senate hereby expresses its
willingness to cooperate in a nationwide competitive high
school Senate youth program which would give several
representative high school students from each State a short
indoctrination into the operation of the United States
Senate and the Federal Government generally, if such a
program can be satisfactorily arranged and completely
supported by private funds with no expense to the Federal
Government.
Sec. 2. The Senate Committee on Rules and Administration
shall investigate the possibility of establishing such a
program and, if the committee determines such a program is
possible and advisable, it shall make the necessary
arrangements to establish the program.
Sec. 3. For the purpose of this resolution, the term
``State'' includes the Department of Defense education
system for dependents in overseas areas.
[S. Res. 324, 87-2, May 17, 1962; S. Res. 146, 97-1, July
30, 1981.]
Whereas by S. Res. 324 of the Eighty-seventh Congress,
agreed to May 17, 1962, the Senate expressed its
willingness to cooperate in a nationwide competitive
Senate youth program supported by private funds, which
would give representative high school students from each
State a short indoctrination into the operation of the
United States Senate and the Federal Government
generally, and authorized the Senate Committee on Rules
and Administration, if it should find such a program
possible and advisable, to make the necessary
arrangements therefor; and
Whereas the Committee on Rules and Administration, after
appropriate investigation, having determined such a
program to be not only possible but highly desirable,
authorized its establishment and with the support of the
leaders and other Members of the Senate and the
cooperation of certain private institutions made the
necessary arrangements therefor; and
Whereas, pursuant to such arrangements, and with the
cooperation of and participation by the offices of every
Member of the Senate and the Vice President, one hundred
and two student leaders representing all States
[[Page 177]]
of the Union and the District of Columbia were
privileged to spend the period from January 28, 1963,
through February 2, 1963, in the Nation's Capitol,
thereby broadening their knowledge and understanding of
Congress and the legislative process and stimulating
their appreciation of the importance of a freely elected
legislature in the perpetuation of our democratic system
of government; and
Whereas by S. Res. 147 of the Eighty-eighth Congress, agreed
to May 27, 1963, another group of student leaders from
throughout the United States spent approximately one
week in the Nation's Capitol, during January 1964; and
Whereas it is the consensus of all who participated that the
above two programs were unqualifiedly successful, and in
all respects worthy and deserving of continuance; and
Whereas the private foundation which financed the initial
programs has graciously offered to support a similar
program during the year ahead: Now, therefore, be it
Resolved, That, until otherwise directed by the Senate
the Senate youth program authorized by S. Res. 324 of the
Eighty-seventh Congress, agreed to May 17, 1962, and
extended by S. Res. 147, agreed to May 27, 1963, may be
continued at the discretion of and under such conditions as
may be determined by the Committee on Rules and
Administration.
[S. Jour. 196, 88-2, Apr. 16, 1964.]
107 SENIOR CITIZEN INTERNSHIP PROGRAM
Resolved, That (a) each Senator is authorized to employ
for not more than fourteen consecutive days each year during
the month of May a senior citizen intern or interns to serve
in his office in Washington, District of Columbia.
(b) To be eligible to serve as a senior citizen intern
an individual shall certify to the Secretary of the Senate
that he has attained the age of sixty years, is a bona fide
resident of the State of his employing Senator, and is a
citizen of the United States.
(c)(1) Except as provided in paragraph (2), for purposes
of payment of compensation and travel expenses, senior
citizen interns employed pursuant to this resolution shall
be subject to the same limitations and restrictions
applicable to Senators and Senate employees.
[[Page 178]]
(2) An outside vendor may provide for the travel and per
diem expenses only of senior citizen interns in the Senior
Citizen Intern Program subject to approval by the Committee
on Rules and Administration. Documentation provided by such
vendor may be accepted as official travel expense
documentation for the purpose of reimbursing interns in the
program for travel expenses.
Sec. 2. Compensation and payment under this resolution
shall be paid from and charged against the clerk-hire and
travel allowances of the Senator employing such senior
citizen intern.
Sec. 3. The Committee on Rules and Administration is
authorized to prescribe such rules and regulations as it
determines necessary to carry out this resolution.
[S. Res. 219, 95-2, May 5, 1978; S. Res. 96, 102-1, Apr. 24,
1991.]
108
transportation costs and travel expenses incurred by members
and employees of the senate when engaged in authorized
foreign travel
Resolved, That until otherwise provided by law or
resolution of the Senate, the contingent fund of the Senate
is made available, as provided in this resolution, to defray
the costs of transportation and the ordinary and necessary
travel expenses of Members and employees of the Senate when
engaged in authorized foreign travel. The Secretary of the
Senate is authorized to advance funds, under authority of
this resolution, in the same manner provided for committees
of the Senate under the authority of Public Law 118, Eighty-
first Congress, approved June 22, 1949.
Sec. 2. (a) Transportation costs and ordinary and
necessary travel expenses incurred by a Member or employee
engaged in authorized foreign travel shall be paid upon
certification of such Member or employee, and upon vouchers
approved by the Senator who authorized such foreign travel.
(b) Transportation costs and ordinary and necessary
travel expenses which are incurred for a group of Members or
employees engaged in authorized foreign travel shall be paid
upon certification of the Member who is chairman of such
group (or, if no chairman has been designated, upon
certification of the ranking Member of such group) or, if
the group does not include a Member, upon certification of
the senior employee in such group, and upon vouchers
approved by the Senator who authorized such foreign travel.
[[Page 179]]
(c) The reports of the Secretary of the Senate setting
forth amounts paid from the contingent fund under authority
of this resolution shall, at the request of the chairman of
the Select Committee on Intelligence, omit any matter which
would identify the foreign countries in which Members and
employees of the Select Committee traveled on behalf of the
Select Committee.
Sec. 3. Payment of transportation costs and ordinary and
necessary travel expenses may not be paid under this
resolution to the extent that appropriated funds or foreign
currencies under section 502(b) of the Mutual Security Act
of 1954 are utilized to defray such costs and expenses. Such
funds and currencies shall be used to the maximum extent
possible.
Sec. 4. For purposes of this resolution--
(1) The term ``foreign travel'' means travel
outside the United States and includes travel within
the United States which is the beginning or end of
travel outside the United States.
(2) The term ``authorized foreign travel'' means
foreign travel on official business on behalf of the
Senate or a committee of the Senate which is
authorized--
(A) in the case of foreign travel on
behalf of the Senate, by the President pro
tempore, Majority Leader, or Minority Leader
of the Senate; and
(B) in the case of foreign travel on
behalf of a committee of the Senate, by the
chairman of that committee.
(3) The term ``committee of the Senate''
includes all standing, select, and special
committees of the Senate and all joint committees of
the Congress whose funds are disbursed by the
Secretary of the Senate.
(4) The term ``employee of the Senate'' includes
an individual (other than a Member) whose salary is
disbursed by the Secretary of the Senate or who is
treated as an employee of the Senate for purposes of
the Senate Code of Official Conduct.
(5) The term ``ordinary and necessary travel
expenses'' includes, in the case of a group of
Members engaged in authorized foreign travel, such
special expenses as the chairman (or, if there is no
chairman, the ranking Member) deems appropriate,
including, to the extent not otherwise provided,
reimbursements to any agency of the Government for
(A) expenses incurred on behalf of the group, (B)
compensation (in
[[Page 180]]
cluding overtime) of employees of such agency
officially detailed to the group, and (C) expenses
incurred in connection with providing appropriate
hospitality.
[S. Res. 179, 95-1, May 25, 1977.]
109 DOCUMENTATION REQUIRED FOR REIMBURSEMENTS OUT OF SENATORS'
OFFICIAL OFFICE EXPENSE ACCOUNTS
Resolved, That (a) no payments or reimbursements for
expenses shall be made from the contingent fund of the
Senate, unless the vouchers presented for such expenses are
accompanied by supporting documentation.
(b) The Committee on Rules and Administration is
authorized to promulgate regulations to carry out the
purpose of this resolution and to except specific vouchers
from the requirements of subsection (a) of this resolution.
(c) This resolution shall apply with respect to vouchers
submitted for payment or reimbursement on and after October
1, 1987, or upon the adoption of this resolution if such
adoption occurs at a later date.
(d) Senate Resolution 170, 96th Congress (agreed to
August 2, 1979), is repealed as of October 1, 1987, or upon
adoption of this resolution if such adoption occurs at a
later date. Any regulations adopted by the Committee on
Rules and Administration to implement Senate Resolution 170
shall remain in effect, after the repeal of Senate
Resolution 170, until modified or repealed by such
committee, and shall be held and considered to be
regulations adopted to implement this resolution.
[S. Res. 258, 100-1, Oct. 1, 1987.]
110
restrictions on certain expenses payable or reimbursable
from a senator's official office expense account
Resolved, That except for section 3, this resolution
applies only to payments and reimbursements from the
contingent fund of the Senate under paragraphs (5) and (9)
of section 506(a) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 58(a)). For purposes of such paragraphs, the
terms ``official office expenses'' and ``other official
expenses'' mean ordinary and necessary business expenses
incurred by a Senator and his staff in the discharge of
their official duties.
Sec. 2. Reimbursements and payments from the contingent
fund of the Senate under paragraphs (5) and (9) of
[[Page 181]]
section 506(a) of the Supplemental Appropriations Act, 1973
(2 U.S.C. 58(a)) shall not be made for:
(1) commuting expenses, including parking fees
incurred in commuting;
(2) expenses incurred for the purchase of
holiday greeting cards, flowers, trophies, awards,
and certificates;
(3) donations or gifts of any type, except gifts
of flags which have been flown over the United
States Capitol, copies of the book ``We, the
People'', copies of the calendar ``We The People''
published by the United States Capitol Historical
Society, and copies of the pocket version of the
Constitution of the United States published by the
Government Publishing Office.
(4) dues or assessments;
(5) expenses incurred for the purchases of radio
or television time, or for space in newspaper or
other print media (except classified advertising for
personnel to be employed in a Senator's office);
(6) expenses incurred by an individual who is
not an employee (except as specifically authorized
by subsections (e) and (h) of such section 506);
(7) travel expenses incurred by an employee
which are not reimbursable under subsection (e) of
such section 506;
(8) relocation expenses incurred by an employee
in connection with the commencement or termination
of employment or a change of duty station; and
(9) compensation paid to an individual for
personal services performed in a normal employer-
employee relationship.
Sec. 3. Payment of or reimbursement for the following
expenses is specifically prohibited by law and
reimbursements and payments from the contingent fund of the
Senate shall not be made therefor:
(1) expenses incurred for entertainment or meals
(2 U.S.C. 58(a));
(2) payment of additional salary or compensation
to an employee (2 U.S.C. 68); and
(3) expenses incurred for maintenance or care of
private vehicles (Legislative Branch Appropriation
Acts).
[[Page 182]]
Sec. 4. This resolution shall apply with respect to
expenses incurred on or after the date on which this
resolution is agreed to.
[S. Res. 294, 96-2, Apr. 29, 1980, as amended S. Res. 712,
115-2, Nov. 29, 2018; S. Res. 176, 104-1, Sept. 28, 1995.]
111 DEBT COLLECTION
Resolved, That, for purposes of subchapters I and II of
chapter 37 of Title 31, United States Code (relating to
claims of or against the United States Government), the
United States Senate shall be considered to be a legislative
agency (as defined in section 3701(a)(4) of such title), and
the Secretary of the Senate shall be deemed to be the head
of such legislative agency.
Sec. 2. Regulations prescribed by the Secretary pursuant
to section 3716 of Title 31, United States Code, shall not
become effective until they are approved by the Senate
Committee on Rules and Administration.
[S. Res. 147, 101-1, June 20, 1989.]
112 TORT CLAIMS PROCEDURES
Resolved, That the Sergeant at Arms of the Senate, in
accordance with regulations prescribed by the Attorney
General and such regulations as the Committee on Rules and
Administration may prescribe, may consider and ascertain
and, with the approval of the Committee on Rules and
Administration, determine, compromise, adjust, and settle,
in accordance with the provisions of chapter 171 of Title
28, United States Code, any claim for money damages against
the United States for injury of loss of property or personal
injury or death caused by the negligent or wrongful act or
omission of any Member, officer, or employee of the Senate
while acting within the scope of his office or employment,
under circumstances where the United States, if a private
person, would be liable to the claimant in accordance with
the law of the place where the act or omission occurred. The
Committee on Rules and Administration may, from time to
time, delegate any or all of its authority under this
resolution to the chairman. Any compromise, adjustment, or
settlement of any such claim not exceeding $2,500 shall be
paid from the contingent fund of the Senate on a voucher
approved by the chairman of the Committee on Rules and
Administration.
[[Page 183]]
Sec. 2. The Committee on Rules and Administration is
authorized to issue such regulations as it may determine
necessary to carry out the provisions of this resolution.
[S. Res. 492, 97-2, Dec. 10, 1982.]
113 REIMBURSEMENT OF WITNESS EXPENSES\24\
Resolved, That witnesses appearing before the Senate or
any of its committees may be authorized reimbursement for
per diem expenses incurred for each day while traveling to
and from the place of examination and for each day in
attendance. Such reimbursement shall be made on an actual
expense basis which shall not exceed the daily rate
prescribed by the Committee on Rules and Administration,
unless such limitation is specifically waived by such
committee. A witness may also be authorized reimbursement of
the actual and necessary transportation expenses incurred by
the witness in traveling to and from the place of
examination.
---------------------------------------------------------------------------
\24\The Legislative Branch Appropriation Act, 1961 (July
12, 1960, Pub. L. 86-628, 74 Stat. 449), contained the
following restriction on advances of witness fees:
``No part of any appropriation disbursed by the
Secretary of the Senate shall be available hereafter for the
payment to any person, at the time of the service upon him
of a subpoena requiring his attendance at any inquiry or
hearing conducted by any committee of the Congress or of the
Senate or any subcommittee of any such committee, of any
witness fee or any sum of money as an advance payment of any
travel or subsistence expense which may be incurred by such
person in responding to that subpoena.''
Sec. 2. (a) The provisions of this resolution shall be
effective with respect to all witness expenses incurred on
or after October 1, 1987.
(b) Senate Resolution 538, agreed to December 8, 1980,
is repealed effective on October 1, 1987.
[S. Res. 259, 100-1, Aug. 5, 1987.]
114 AUTHORIZING THE SENATE TO PARTICIPATE IN GOVERNMENT TRANSIT
PROGRAMS
Resolved, That (a) the Senate shall participate in State
and local government transit programs to encourage employees
of the Senate to use public transportation pursuant to
section 629 of the Treasury, Postal Service and General
Government Appropriations Act, 1991.
(b) The Committee on Rules and Administration is authorized
to issue regulations pertaining to Senate participation in
State and local government transit programs through,
[[Page 184]]
and at the discretion of, its Members, committees, officers,
and officials.
[S. Res. 318, 102-2, June 23, 1992.]
115 RELATIVE TO CONTRIBUTIONS FOR COSTS OF CIVIL, CRIMINAL, OR
OTHER LEGAL INVESTIGATIONS OF MEMBERS, OFFICERS, OR
EMPLOYEES OF THE SENATE
Resolved, That nothing in the provisions of the Standing
Rules of the Senate shall be construed to limit
contributions to defray investigative, civil, criminal, or
other legal expenses of Members, officers, or employees of
the Senate relating to their service in the United States
Senate, subject to limitations, regulations, procedures, and
reporting requirements which shall be promulgated by the
Select Committee on Ethics. Nothing in the provisions of the
Standing Rules of the Senate shall be construed to limit
contributions to defray the legal expenses of the spouses or
dependents of Members, officers, or employees of the Senate.
[S. Res. 508, 96-2, Sept. 4, 1980.]
116 CLARIFYING RULES REGARDING ACCEPTANCE OF PRO BONO LEGAL
SERVICES BY SENATORS
Resolved, That (a) notwithstanding the provisions of the
Standing Rules of the Senate or Senate Resolution 508,
adopted by the Senate on September 4, 1980, or Senate
Resolution 321, adopted by the Senate on October 3, 1996,
pro bono legal services provided to a Member of the Senate
with respect to any civil action challenging the
constitutionality of a Federal statute that expressly
authorizes a Member either to file an action or to intervene
in an action--
(1) shall not be deemed a gift to the Member;
(2) shall not be deemed to be a contribution to
the office account of the Member;
(3) shall not require the establishment of a
legal expense trust fund; and
(4) shall be governed by the Select Committee on
Ethics Regulations Regarding Disclosure of Pro Bono
Legal Services, adopted February 13, 1997, or any
revision thereto.
(b) This resolution shall supersede Senate Resolution
321, adopted by the Senate on October 3, 1996.
[S. Res. 227, 107-2, Mar. 20, 2002.]
[[Page 185]]
117 STANDARDS OF CONDUCT FOR MEMBERS OF THE SENATE AND OFFICERS
AND EMPLOYEES OF THE SENATE
Resolved, It is declared to be the policy of the Senate
that--
(a) The ideal concept of public office, expressed by the
words, ``A public office is a public trust'', signifies that
the officer has been entrusted with public power by the
people; that the officer holds this power in trust to be
used only for their benefit and never for the benefit of
himself or of a few; and that the officer must never conduct
his own affairs so as to infringe on the public interest.
All official conduct of Members of the Senate should be
guided by this paramount concept of public office.
(b) These rules, as the written expression of certain
standards of conduct, complement the body of unwritten but
generally accepted standards that continue to apply to the
Senate.
* * * * * *
[S. Jour. 247, 90-2, Mar. 22, 1968.]
118 SEAL OF THE SENATE
Resolved, That the Secretary shall have the custody of
the seal, and shall use the same for the authentication of
process transcripts, copies, and certificates whenever
directed by the Senate; and may use the same to authenticate
copies of such papers and documents in his office as he may
lawfully give copies of.
[S. Jour. 194, 49-1, Jan. 20, 1886.]
119 OFFICIAL SENATE FLAG
Resolved, That the Secretary of the Senate is authorized
and directed to design an official Senate flag utilizing the
seal of the Senate as the principal symbol on such flag.
Expenses incident to the designing and procurement of such
flag shall be paid from the contingent fund of the Senate
upon vouchers signed by the Secretary of the Senate.
Sec. 2. The Senate flag shall be available for purchase
and use by Senators, or former Senators, only subject to the
following conditions--
(1) purchase of the flag shall be limited to--
(A) two flags for each Senator, or
former Senator, subject to replacement for
loss, destruction, or wear and tear;
[[Page 186]]
(B) two flags for each Senate committee,
as determined by the chairman and ranking
member, subject to replacement for loss,
destruction, or wear and tear; and
(C) two flags for each officer of the
Senate, subject to replacement for loss,
destruction, or wear and tear; and
(2) the flag shall not be utilized or displayed
for commercial purposes.
Senators who leave the Senate may retain their flags subject
to the preceding restrictions.
[S. Res. 369, 98-2, Sept. 7, 1984; S. Res. 135, 101-1, June
2, 1989.]
120 SEAL OF THE PRESIDENT PRO TEMPORE
Resolved, That the President pro tempore of the Senate
is authorized to adopt and use an official seal of his
office.
Sec. 2. Expenses incident to the designing and
procurement of such seal shall be paid from the contingent
fund of the Senate upon vouchers signed by the President pro
tempore of the Senate.
Sec. 3. A description and illustration of the seal
adopted pursuant to this resolution shall be transmitted to
the General Services Administration for publication in the
Federal Register.
[S. Jour. 686, 83-2, Aug. 14, 1954.]
121 MARBLE BUSTS OF VICE PRESIDENTS
Resolved, That marble busts of those who have been Vice
Presidents of the United States shall be placed in the
Senate wing of the Capitol from time to time, that the
Architect of the Capitol is authorized, subject to the
advice and approval of the Senate committee on Rules and
Administration, to carry into the execution the object of
this resolution, and the expenses incurred in doing so shall
be paid out of the contingent fund of the Senate.
[S. Jour. 40, 55-2, Jan. 6, 1898; S. Jour. 173, 80-1, Mar.
28, 1947.]
122 AWARD OF SERVICE PINS OR EMBLEMS
Resolved, That the Committee on Rules and Administration
is hereby authorized to provide for the awarding of service
pins or emblems to Members, officers, and employees of the
Senate, and to promulgate regulations governing the awarding
of such pins or emblems. Such pins or emblems shall be of a
type appropriate to be attached to the lapel of the wearer,
shall be of such appropriate material
[[Page 187]]
and design, and shall contain such characters, symbols, or
other matter, as the committee shall select.
Sec. 2. The Secretary of the Senate, under direction of
the committee and in accordance with regulations promulgated
by the committee, shall procure such pins or emblems and
award them to Members, officers, and employees of the Senate
who are entitled thereto.
Sec. 3. The expenses incurred in procuring such pins or
emblems shall be paid from the contingent fund of the Senate
on vouchers signed by the chairman of the committee.
[S. Jour. 45, 89-1, Sept. 10, 1965.]
123
designating the old senate office building and the new
senate office building as the ``richard brevard russell
senate office building'' and the ``everett mckinley
dirksen senate office building'', respectively
Resolved, That insofar as concerns the Senate--
(1) the Senate Office building referred to as
the Old Senate Office Building and constructed under
authority of the Act of April 28, 1904 (33 Stat.
452, 481), is designated, and shall be known as, the
``Richard Brevard Russell Senate Office Building'';
and
(2) the additional office building for the
Senate referred to as the New Senate Office Building
and constructed under the provisions of the Second
Deficiency Appropriation Act of 1948 (62 Stat.
1928), is designated, and shall be known as, the
``Everett McKinley Dirksen Senate Office Building''.
Sec. 2. Any rule, regulation, document, or record of the
Senate, in which reference is made to either building
referred to in the first section of this resolution, shall
be held and considered to be a reference to such building by
the name designated for such building by the first section
of this resolution.
Sec. 3. The Committee on Rules and Administration shall
place appropriate markers or inscriptions at suitable
locations within the buildings referred to in the first
section of this resolution to commemorate and designate such
buildings as provided in this resolution. Expenses incurred
under this resolution shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman of the
committee.
[S. Jour. 1197, 92-2, Oct. 11, 1972; S. Res. 295, 96-1, Dec.
3, 1979.]
[[Page 188]]
124
designating the extension to the dirksen senate office
building as the ``philip a. hart senate office
building''
Resolved, That insofar as concerns the Senate, the
extension of the Senate Office Building presently under
construction pursuant to the Supplemental Appropriations
Act, 1973 (86 Stat. 1510), is designated and shall be known
as the ``Philip A. Hart Senate Office Building'', when
completed.
Sec. 2. Any rule, regulation, document, or record of the
Senate, in which reference is made to the building referred
to in the first section of this resolution, shall be held
and considered to be a reference to such building by the
name designated for such building by the first section of
this resolution.
Sec. 3. The Committee on Rules and Administration shall
place appropriate markers or inscriptions at suitable
locations within the building referred to in the first
section of this resolution to commemorate and designate such
building as provided in this resolution. Expenses incurred
under this resolution shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman of the
committee.
[S. Res. 525, 94-2, Aug. 30, 1976; S. Res. 295, 96-1, Dec.
3, 1979.]
125 DESIGNATING ROOM S-126 OF THE UNITED STATES CAPITOL AS THE
``SENATOR DANIEL K. INOUYE ROOM'' IN RECOGNITION OF HIS
SERVICE TO THE SENATE AND THE PEOPLE OF THE UNITED STATES
Whereas Senator Daniel K. Inouye served the people of Hawaii
for more than 58 years as a member of the Territorial
House of Representatives, the Territorial Senate, the
United States House of Representatives, and the United
States Senate;
Whereas Senator Daniel K. Inouye became the first Japanese
American to serve in both the United States House of
Representatives and the United States Senate;
Whereas Senator Daniel K. Inouye represented Hawaii in
Congress from before the time that Hawaii became a State
in 1959 until 2012;
Whereas, during his tenure in the Senate, Senator Daniel K.
Inouye served as the President pro tempore, the Chairman
of the Committee on Appropriations, the Chairman of the
Subcommittee on Defense of the Com
[[Page 189]]
mittee on, the first Chairman of the Select Committee on
Intelligence, the Chairman of the Committee on Indian
Affairs, the Chairman of the Democratic Steering
Committee, the Chairman of the Committee on Commerce,
Science, and Transportation, the Chairman of the
Committee on Rules and Administration, the Chairman of
the Select Committee on Secret Military Assistance to
Iran and the Nicaraguan Opposition, and the Secretary of
the Democratic Conference;
Whereas Senator Daniel K. Inouye enlisted in the Army after
the attacks on Pearl Harbor in 1941 and fought
heroically in the Italian theater even after being
wounded; and
Whereas Senator Daniel K. Inouye received a Distinguished
Service Cross, a Bronze Star, a Purple Heart with
cluster, and 12 other medals and citations before
receiving the Medal of Honor from President William J.
Clinton in June 2000: Now, therefore, be it
Resolved, That the Senate designates room S-126 of the
United States Capitol as the ``Senator Daniel K. Inouye
Room'', in recognition of his service to the Senate and the
people of the United States.
[S. Res. 76, 113-1, Mar. 13, 2013.]
126 PROHIBITION ON THE REMOVAL OF ART AND HISTORIC OBJECTS FROM
THE SENATE WING OF THE CAPITOL AND SENATE OFFICE BUILDINGS
FOR PERSONAL USE
Resolved, That (a) a Member of the Senate or any other
person may not remove a work of art, historical object, or
an exhibit from the Senate wing of the Capitol or any Senate
office building for personal use.
(b) For purposes of this resolution, the term ``work of
art, historical object, or an exhibit'' means an item,
including furniture, identified on the list (and any
supplement to the list) required by section 4 of Senate
Resolution 382, 90th Congress, as enacted into law by
section 901(a) of Public Law 100-696 (2 U.S.C. 2104).
(c) For purposes of this resolution, the Senate
Commission on Art shall update the list required by section
4 of Senate Resolution 382, 90th Congress (2 U.S.C. 2104)
every 6 months after the date of adoption of this resolution
and shall provide a copy of the updated list to the
Committee on Rules and Administration.
[S. Res. 178, 108-1, June 27, 2003.]
[[Page 190]]
127 COMMISSION ON ART AND ANTIQUITIES OF THE UNITED STATES
SENATE \25\
---------------------------------------------------------------------------
\25\ Became Senate Commission on Art, and enacted into
permanent law by Pub. L. 100-696, Nov. 18, 1988. See 2
U.S.C. Sec. Sec. 2101-2108.
---------------------------------------------------------------------------
[Pub. L. 100-696, Nov. 18, 1988.]
128 INTERPARLIAMENTARY ACTIVITIES AND RECEPTION OF CERTAIN
FOREIGN OFFICIALS
Resolved, That the Committee on Foreign Relations is
authorized from March 1, 1981, until otherwise provided by
law, to expend not to exceed $25,000 each fiscal year to
assist the Senate properly to discharge and coordinate its
activities and responsibilities in connection with
participation in various interparliamentary institutions and
to facilitate the interchange and reception in the United
States of members of foreign legislative bodies and
prominent officials of foreign governments and
intergovernmental organizations.
Sec. 2. The Secretary of the Senate is authorized and
directed to pay from the contingent fund of the Senate the
actual and necessary expenses incurred in connection with
activities authorized by this resolution and approved in
advance by the chairman of the Committee on Foreign
Relations upon vouchers certified by the Senator incurring
such expenses and approved by the chairman.
[S. Res. 247, 87-2, Feb. 7, 1962; S. Res. 91, 94-1, Mar. 18,
1975; S. Res. 281, 96-2, Mar. 11, 1980.]
129 AUTHORIZING THE DISPLAY OF THE SENATE LEADERSHIP PORTRAIT
COLLECTION IN THE SENATE LOBBY
Resolved, That (a) portraits in the Senate Leadership
Portrait Collection may be displayed in the Senate Lobby at
the direction of the Senate Commission on Art in accordance
with guidelines prescribed pursuant to subsection (d).
(b) The Senate Leadership Portrait Collection shall
consist of portraits selected by the Senate Commission on
Art of Majority or Minority Leaders and Presidents pro
tempore of the Senate.
(c) Any portrait for the Senate Leadership Portrait
Collection that is acquired on or after the date of adoption
of this resolution shall be of an appropriate size for
display in the Senate Lobby, as determined by the Senate
Commission on Art.
(d) The Senate Commission on Art shall prescribe such
guidelines as it deems necessary, subject to the approval
[[Page 191]]
of the Committee on Rules and Administration, to carry out
this resolution.
[S. Res. 148, 109-1, May 18, 2005.]
130 ESTABLISHING A PROCEDURE FOR AFFIXING AND REMOVING PERMANENT
ARTWORK AND SEMI-PERMANENT ARTWORK IN THE SENATE WING OF THE
CAPITOL AND IN THE SENATE OFFICE BUILDINGS
Resolved, No permanent artwork or semi-permanent
artwork may be affixed to or removed from the walls, floors,
or ceilings of the public spaces and committee rooms of the
Senate wing of the Capitol and the Senate office buildings
unless--
(1) the Senate Commission on Art--
(A) has recommended the affixation or
removal; and
(B) in the case of an affixation of
permanent artwork or semi-permanent
artwork--
(i) has recommended an appropriate
location for the affixation; and
(ii) has determined that--
(I) not less than 25 years have
passed since the death of any subject in a
portrait included in the permanent artwork
or semi-permanent artwork; and
(II) not less than 25 years have
passed since the commemorative event that is
to be portrayed in the permanent artwork or
semi-permanent artwork; and
(2) the Senate has passed a Senate resolution
approving the recommendation of the Senate
Commission on Art.
Sec. 2. Sense of the Senate.
It is the sense of the Senate that prior to making a
recommendation to affix any permanent artwork or semi-
permanent artwork to the walls, floors, or ceilings of the
public spaces and committee rooms of the Senate wing of the
Capitol and the Senate office buildings, the Senate
Commission on Art should consider, at a minimum, the
following:
(1) The significance of the original, intended,
or existing permanent artwork or semi-permanent
artwork in the installation space proposed for the
additional permanent artwork or semi-permanent
artwork.
(2) The existing conditions of the surface of
the proposed installation space.
[[Page 192]]
(3) The last time fixed art was added to the
proposed installation space.
(4) The amount of area available for the
installation of permanent artwork or semi-permanent
artwork in the proposed installation space.
(5) The opinion of the Curatorial Advisory Board
on such affixation.
Sec. 3. Creation of artwork.
If a request to affix permanent artwork or semi-
permanent artwork to the walls, floors, or ceilings of the
public spaces and committee rooms of the Senate wing of the
Capitol and the Senate office buildings meets the
requirements of section 1, the Senate Commission on Art
shall select the artist and shall supervise and direct the
creation of the artwork and the application of the artwork
to the selected surface.
Sec. 4. Definitions.
In this resolution--
(1) permanent artwork.--The term ``permanent artwork''
means artwork that when applied directly to a wall, ceiling,
or floor has become part of the fabric of the building,
based on a consideration of relevant factors including--
(A) the original intent when the artwork was
applied;
(B) the method of application;
(C) the adaptation or essentialness of the
artwork to the building; and
(D) whether the removal of the artwork would
cause damage to either the artwork or the surface
that contains it.
(2) semi-permanent artwork.--The term ``semi-permanent
artwork'' means artwork that when applied directly to the
surface of a wall, ceiling, or floor can be removed without
damaging the artwork or the surface to which the artwork is
applied.
[S. Res. 629, 109-2, Dec. 7, 2006.]
131 PUBLIC ACCESS TO SENATE RECORDS AT THE NATIONAL ARCHIVES
Resolved, That any records of the Senate or any
committee of the Senate which are transferred to the General
Services Administration under rule XI of the Standing Rules
of the Senate and section 2114 of Title 44, United
[[Page 193]]
States Code, and which have been made public prior to their
transfer may be made available for public use.
Sec. 2. (a) Subject to such rules or regulations as the
Secretary of the Senate may prescribe, any other records of
the Senate or any committee of the Senate which are so
transferred may be made available for public use--
(1) in the case of investigative files relating
to individuals and containing personal data,
personnel records, and records of executive
nominations, when such files and records have been
in existence for fifty years; and
(2) in the case of all other such records, when
such records have been in existence for twenty
years.
(b) Notwithstanding the provisions of subsection (a),
any committee of the Senate may, by action of the full
committee, prescribe a different time when any of its
records may be made available for public use, under specific
conditions to be fixed by such committee, by giving notice
thereof to the Secretary of the Senate and the Administrator
of General Services.
Sec. 3. (a) This resolution shall not be construed to
authorize the public disclosure of any record pursuant to
section 2 if such disclosure is prohibited by law or
Executive order of the President.
(b) Notwithstanding the provisions of section 2, the
Secretary of the Senate may prohibit or restrict the public
disclosure of any record so transferred, other than any
record of a Senate committee, if he determines that public
disclosure of such record would not be in the public
interest and so notifies the Administrator of General
Services.
Sec. 4. The Secretary of the Senate shall transmit a
copy of this resolution to the Administrator of General
Services.
[S. Res. 474, 96-2, Dec. 1, 1980.]
132 PRINTING IN THE CONGRESSIONAL RECORD
Resolved, That hereafter no written or printed matter
shall be received for printing in the body of the
Congressional Record as a part of the remarks of any Senator
unless such matter (1) shall have been read orally by such
Senator on the floor of the Senate, or (2) shall have been
offered and received for printing in such manner as to
indicate clearly that the contents thereof were not read
orally by such Senator on the floor of the Senate. All such
matter shall be printed in the Record in accordance with the
rules prescribed by the Joint Committee on Printing. No
request
[[Page 194]]
shall be entertained by the Presiding Officer to suspend by
unanimous consent the requirements of this resolution.
[S. Jour. 510, 80-1, July 23, 1947.]
133 PRINTING OF THE EXECUTIVE JOURNAL
Resolved, That, beginning with the first session,
Ninetieth Congress, the Secretary of the Senate is
authorized to have printed not more than one hundred and
fifty copies of the Executive Journal for a session of the
Congress.
[S. Jour. 167, 90-1, Feb. 17, 1967.]
134 PRINTING OF MEMORIAL TRIBUTES TO DECEASED FORMER MEMBERS OF
THE SENATE
Resolved, That when the Senate orders the printing as a
Senate document of the legislative proceedings in the United
States Congress relating to the death of a former United
States Senator, such document shall be prepared, printed,
bound, and distributed, except to the extent otherwise
provided by the Joint Committee on Printing under chapter 1
of Title 44, United States Code, in the same manner and
under the same conditions as memorial addresses on behalf of
Members of Congress dying in office are printed under
sections 723 and 724 of such Title.
[S. Jour. 293, 93-1, Apr. 6, 1973.]
135 OFFICE OF SENATE SECURITY
Resolved, That (a) there is established, within the
Office of the Secretary of the Senate (hereinafter referred
to as the ``Secretary''), the Office of Senate Security
(hereinafter referred to as the ``Office''), which shall be
headed by a Director of Senate Security (hereinafter
referred to as the ``Director''). The Office shall be under
the policy direction of the Majority and Minority Leaders of
the Senate, and shall be under the administrative direction
and supervision of the Secretary.
(b)(1) The Director shall be appointed by the Secretary
after consultation with the Majority and Minority Leaders.
The Secretary shall fix the compensation of the Director.
Any appointment under this subsection shall be made solely
on the basis of fitness to perform the duties of the
position and without regard to political affiliation.
(2) The Director, with the approval of the Secretary,
and after consultation with the Chairman and Ranking Member
of the Committee on Rules and Administration of the Senate,
may establish such policies and procedures as may be
necessary to carry out the provisions of this resolution.
[[Page 195]]
Commencing one year from the effective date of this
resolution, the Director shall submit an annual report to
the Majority and Minority Leaders and the Chairman and
Ranking Member of the Committee on Rules and Administration
on the status of security matters and the handling of
classified information in the Senate, and the progress of
the Office in achieving the mandates of this resolution.
Sec. 2. (a) The Secretary shall appoint and fix the
compensation of such personnel as may be necessary to carry
out the provisions of this resolution. The Director, with
the approval of the Secretary, shall prescribe the duties
and responsibilities of such personnel. If a Director is not
appointed, the Office shall be headed by an Acting Director.
The Secretary shall appoint and fix the compensation of the
Acting Director.
(b) The Majority and Minority Leaders of the Senate may
each designate a Majority staff assistant and a Minority
staff assistant to serve as their liaisons to the Office.
Upon such designation, the Secretary shall appoint and fix
the compensation of the Majority and Minority liaison
assistants.
Sec. 3. (a) The Office is authorized, and shall have the
responsibility, to develop, establish, and carry out
policies and procedures with respect to such matters as:
(1) the receipt, control, transmission, storage,
destruction or other handling of classified
information addressed to the United States Senate,
the President of the Senate, or Members and
employees of the Senate;
(2) the processing of security clearance
requests and renewals for officers and employees of
the Senate;
(3) establishing and maintaining a current and
centralized record of security clearances held by
officers and employees of the Senate, and developing
recommendations for reducing the number of
clearances held by such employees;
(4) consulting and presenting briefings on
security matters and the handling of classified
information for the benefit of Members and employees
of the Senate;
(5) maintaining an active liaison on behalf of
the Senate, or any committee thereof, with all
departments and agencies of the United States on
security matters; and
[[Page 196]]
(6) conducting periodic review of the practices
and procedures employed by all offices of the Senate
for the handling of classified information.
(b) Within 180 days after the Director takes office, he
shall develop, after consultation with the Secretary, a
Senate Security Manual, to be printed and distributed to all
Senate offices. The Senate Security Manual will prescribe
the policies and procedures of the Office, and set forth
regulations for all other Senate offices for the handling of
classified information. [Executed.]
(c) Within 90 days after taking office, the Director
shall conduct a survey to determine the number of officers
and employees of the Senate that have security clearances
and report the findings of the survey to the Majority and
Minority Leaders and Secretary of the Senate together with
recommendations regarding the feasibility of reducing the
number of employees with such clearances.
(d) The Office shall have authority--
(1) to provide appropriate facilities in the
United States Capitol for hearings of committees of
the Senate at which restricted data or other
classified information is to be presented or
discussed;
(2) to establish and operate a central
repository in the United States Capitol for the
safeguarding of classified information for which the
Office is responsible; which shall include the
classified records, transcripts, and materials of
all closed sessions of the Senate; and
(3) to administer and maintain oaths of secrecy
under paragraph (2) of rule XXIX of the Standing
Rules of the Senate and to establish such procedures
as may be necessary to implement the provisions of
such paragraph.
Sec. 4. Funds appropriated for the fiscal year 1987
which would be available to carry out the purposes of the
Interim Office of Senate Security but for the termination of
such Office shall be available for the Office of Senate
Security.
Sec. 5. (a) All records, documents, data, materials,
rooms, and facilities in the custody of the Interim Office
of Senate Security at the time of its termination on July
10, 1987, are transferred to the Office established by
subsection (a) of the first section of this resolution.
(b) This resolution shall take effect on July 11, 1987.
[S. Res. 243, 100-1, July 1, 1987.]
[[Page 197]]
------------------------------------------------------------
UNITED STATES SENATE CHAMBER AND GALLERIES REGULATIONS
------------------------------------------------------------
[Adopted by the Committee on Rules and Administration on
October 7, 2020, pursuant to rule XXXIII of the Standing
Rules of the Senate]
150.1 1.0 Scope--These regulations are applicable only to the
Senate Chamber and Galleries.
150.2 2.0 Definitions--For purposes of these regulations, the
following terms have the meaning specified.
2.1 Cloakroom means the two spaces, one
assigned to the majority party and one assigned to
the minority party, adjacent to the Senate Chamber.
2.2 Galleries means the ten seating galleries
located in the Senate Chamber.
2.3 Marble Room means the Senators meeting room
adjacent to the Senate Lobby.
2.4 Senate Chamber means the space that
encompasses the Senate Floor and Galleries.
2.5 Senate Floor means the floor of the Senate
Chamber.
2.6 Senate Lobby means the hallway space
adjoining the Senate Chamber to the Marble Room.
2.7 Sergeant at Arms means the Sergeant at Arms
of the Senate.
150.3 3.0 Sergeant At Arms Chamber And Galleries Duties--The
Sergeant at Arms of the Senate, under the direction of the
Presiding Officer, shall be the Executive Officer of the
body for the enforcement of all rules made by the Committee
on Rules and Administration for the regulation of the Senate
Chamber and Galleries.
3.1 The Senate Floor shall be at all times
under the Sergeant at Arms' immediate supervision,
and the Sergeant at Arms shall see that the various
subordinate officers of the Office of the Sergeant
at Arms perform the duties to which they are
especially assigned.
[[Page 198]]
3.2 The Sergeant at Arms shall see that the
messengers assigned to the doors upon the Senate
Floor are at their posts and that the Senate Floor,
Cloakrooms, and Senate Lobby are cleared at least
five minutes before the opening of daily sessions of
all persons not entitled to remain there.
3.3 In the absence of the Sergeant at Arms the
duties of the office, so far as they pertain to the
enforcement of the rules, shall devolve upon the
Deputy Sergeant at Arms.
150.4 4.0 Messengers Acting as Assistant Doorkeepers--The
messengers acting as Assistant Doorkeepers shall be assigned
to their duties by the Sergeant at Arms.
150.5 5.0 Assignment of Majority and Minority Secretaries--
The secretary for the majority and the secretary for the
minority shall be assigned, during the daily sessions of the
Senate, to duty upon the Senate Floor.
150.6 6.0 Use of the Senate Chamber--When the Senate is not
sitting in session or otherwise using the Chamber for some
function of the Senate, no Senator shall seat any person or
persons in chairs of Senators other than the chair assigned,
no other persons shall seat anyone in a chair of a Senator;
and lectures, talks, or speeches shall not be given at such
times to groups on the Senate Floor by Senators or others
except for the purpose of explaining the Chamber.
150.7 7.0 Use of the Marble Room--No persons shall be
admitted to the Marble Room except Senators.
150.8 8.0 Use of the Cloakrooms--No persons shall be admitted
to the Cloakrooms except those entitled to the privileges of
the Senate Floor under the Rule XXIII of the Standing Rules
of the Senate.
150.9 9.0 Use of the Senate Lobby--No persons shall be
admitted to the Senate Lobby except those entitled to the
privileges of the Senate Floor under the Rule XXIII of the
Standing Rules of the Senate.
150.10 10.0 Use of Display Materials in the Senate Chamber--
Graphic displays in the Senate Chamber are limited to
charts, photographs, or renderings:
10.1 Size--No larger than 36 inches by 48
inches.
[[Page 199]]
10.2 Where--On an easel stand next to the
Senator's desk or at the rear of the Chamber.
10.3 When--Only at the time the Senator is
engaged in debate.
10.4 Number--No more than two may be displayed
at a time.
150.11 11.0 Solicitation and Commercial Activities
Prohibited--No persons shall carry out any of the following
activities in the Senate Chamber and Galleries: offer or
expose any article for sale; display a sign, placard, or
other form of advertisement; or solicit fares, alms,
subscriptions, or contributions.
150.12 12.0 Legislative Buzzers and Signal Lights--The system
of legislative buzzers and signal lights, which correspond
with rings if available, shall be as follows:
12.1 Pre-session signals:
12.1.1 One long ring at hour of convening.
12.1.2 One red light to remain lighted at all
times while Senate is in actual session.
12.2 Session signals:
12.2.1 One ring-Yeas and nays.
12.2.2 Two rings-quorum call.
12.2.3 Three rings-Call of absentees.
12.2.4 Four rings-Adjournment or recess. (End
of daily session.)
12.2.5 Five rings-Seven and a half minutes
remaining on yea and nay vote.
12.2.6 Morning business concluded-Six rings.
Lights cut off immediately.
12.2.7 Recess during daily session-Six rings.
Lights stay on during period of recess.
150.13 13.0 Taking of Pictures Prohibited; Use of Mechanical
Equipment in Chamber--
13.1 The taking of pictures of any kind is
prohibited in the Senate Chamber, the Marble Room,
the Senate Lobby, and the Senate Cloakrooms;
however,
13.2 The Sergeant at Arms shall be authorized
to admit into the spaces defined in 13.1 such
mechanical equipment and/or devices which, in the
judgment of the Sergeant at Arms, are necessary and
proper in the conduct of official Senate business
and which by their presence shall not in any way
distract, interrupt, or inconvenience the business
or Members of the Senate.
[[Page 200]]
150.14 14.0 Galleries--The Sergeant at Arms shall keep the
aisles of the galleries clear, and shall not allow
admittance into the galleries of more than their seating
capacity. The Sergeant at Arms shall not permit any person
to enter a gallery with or carrying any firearms or
dangerous weapons except for law enforcement and other
personnel performing duties under the direction of the
Senate, or any package, bundle, suitcase, briefcase, or
camera; the Sergeant at Arms shall not permit any person in
any gallery to smoke, applaud, or commit any other type of
demonstration either by sound or sign; except in the press,
radio, television, and correspondents' galleries the
Sergeant at Arms shall not permit any person to read (except
the Senate seating diagram) or to write or take notes
(except credentialed employees of the Senate when taking
notes in the course of their employment); the Sergeant at
Arms shall not permit any person to take any picture or
photograph or to sketch or draw; the Sergeant at Arms shall
not permit any person to place any object whatsoever-
including hats, coats, or other personal apparel-or portion
of a person on any railing, or any person to wear a hat,
except that where a person's religious beliefs require that
person wear a head-cover in such public places as the Senate
Gallery, then such head-cover shall be permitted; and the
Sergeant at Arms shall not allow any person to lean forward
over the railings or to place hands thereon.
14.1 The galleries of the Senate shall be set
apart and occupied as follows:
14.1.1 Gallery 1--the gallery above the
northeastern corner of the Senate Chamber, commonly
referred to as the Staff Gallery, is reserved for
the use of credentialed employees of the Senate.
14.1.2 Gallery 2--the gallery above the
eastern entrance to the Senate Chamber, commonly
referred to as the Family Gallery, is reserved for
the exclusive use of the families of Senators,
former Presidents of the United States, and
incumbent Secretary and Sergeant at Arms of the
Senate.
14.1.2.1 The first two rows of the gallery
are reserved for the spouses and other members of
the immediate families of Senators.
14.1.2.2 The remainder of the gallery is
reserved for the families of Senators and guests
visiting their families who shall be designated by
some member of the Senator's family, and for the
families of
[[Page 201]]
former Presidents of the United States, as well as
families of incumbent Secretary and Sergeant at Arms
of the Senate.
14.1.3 Gallery 3--the gallery over the
southeastern corner of the Senate Chamber, commonly
referred to as a Public Gallery, is reserved for the
use of persons holding a card issued by a Senator.
14.1.3.1 The period to which such card of
admission shall be limited rests entirely in the
discretion of the Senator issuing it, except that
such cards shall expire at the end of each session
and cards of a different color shall be furnished by
the Sergeant at Arms for the following session.
14.1.3.2 The Sergeant at Arms shall in the
Sergeant at Arms' discretion limit occupancy of the
public galleries to such periods as may be required
to accommodate with reasonable expediency all card
bearers who are seeking admission.
14.1.4 Gallery 4--the gallery between Gallery
3 and Gallery 5 on the south side of the Senate
Chamber, commonly referred to as the
Representatives' Gallery, is reserved for the use of
Members of Congress of the House of Representatives
and their guests.
14.1.5 Gallery 5--the gallery over the
southern main entrance to the Senate Chamber,
commonly referred to as the Presidential and
Diplomatic Gallery, is reserved for the use of the
Diplomatic Corps, and no person shall be admitted to
it excepting the Secretary of State, foreign
ministers, their families and Senators.
14.1.5.1 The first row on the eastern side
of this gallery shall be set apart for the use of
the President of the United States.
14.1.5.2 The second row on the eastern side
of this gallery shall be set apart for the use of
the Vice President of the United States.
14.1.5.3 The third row on the eastern side
of this gallery shall be set apart for the use of
the President pro tempore of the Senate.
14.1.6 Gallery 6--the gallery between Gallery
5 and Gallery 7 on the south side of the Senate
Chamber, commonly referred to as a Public Gallery,
is reserved for the use of large guided tours and
other special parties.
[[Page 202]]
14.1.7 Gallery 7--the gallery over the
southwest corner of the Senate Chamber, commonly
referred to as the Accessible Gallery, is reserved
for the use of any guest, especially those who wish
to avoid stairs, and those who would like to view
closed captioning television, or use an assisted
listening device.
14.1.8 Gallery 8--the gallery over the west
entrance to the Senate Chamber, commonly referred to
as a Public Gallery, is reserved for the use of
persons holding a card issued by a Senator.
14.1.8.1 The period to which such card of
admission shall be limited rests entirely in the
discretion of the Senator issuing it, except that
such cards shall expire at the end of each session
and cards of a different color shall be furnished by
the Sergeant at Arms for the following session.
14.1.8.2 The Sergeant at Arms shall in the
Sergeant at Arms' discretion limit occupancy of the
public galleries to such periods as may be required
to accommodate with reasonable expediency all card
bearers who are seeking admission.
14.1.9 Gallery 9--the gallery over the
northwest corner of the Senate Chamber, commonly
referred to as a Public Gallery, is reserved for the
use of persons holding a card issued by a Senator.
14.1.9.1 The period to which such card of
admission shall be limited rests entirely in the
discretion of the Senator issuing it, except that
such cards shall expire at the end of each session
and cards of a different color shall be furnished by
the Sergeant at Arms for the following session.
14.1.9.2 The Sergeant at Arms shall in the
Sergeant at Arms' discretion limit occupancy of the
public galleries to such periods as may be required
to accommodate with reasonable expediency all card
bearers who are seeking admission.
14.1.10 Gallery 10--the gallery above the
Senate Floor dais on the north side of the Senate
Chamber including the front row of Gallery 1 and the
front row of Gallery 9, commonly referred to as the
Media Gallery, is reserved for the exclusive use of
the Press Gallery, Radio and Television
Correspondents Gallery, Periodical Press Gallery,
and Press Photographers' Gallery.
[[Page 203]]
150.15 15.0 Use of the Media Gallery--Gallery 10, the Media
Gallery shall be further set apart and occupied as follows:
15.1 Press Gallery--The gallery in the rear of
the Vice President's chair shall be set apart for
reporters of daily newspapers.
15.1.1 The administration of the Press
Gallery shall be vested in a Standing Committee of
Correspondents elected by accredited members of the
gallery. The committee shall consist of five persons
elected to serve for terms of two years: Provided,
however, that at the election in January 1951, the
three candidates receiving the highest number of
votes shall serve for two years and the remaining
two for one year. Thereafter, three members shall be
elected in odd-numbered years and two in even-
numbered years. Elections shall be held in January.
The committee shall elect its own chair and
secretary. Vacancies on the committee shall be
filled by special election to be called by the
Standing Committee.
15.1.2 Persons desiring admission to
the Press Gallery in the Senate wing shall
make application in accordance with Rule
XXXIII of the Standing Rules of the Senate,
which rule shall be interpreted and
administered by the Standing Committee of
Correspondents, subject to the review and
approval by the Senate Committee on Rules
and Administration.
15.1.3 The Standing Committee of
Correspondents shall limit membership in the
Press Gallery to bona fide correspondents of
repute in their profession, under such rules
as the Standing Committee of Correspondents
shall prescribe: Provided, however, that the
Standing Committee of Correspondents shall
admit to the Press Gallery no person who
does not establish to the satisfaction of
the Standing Committee all of the following:
15.1.3.1 That the person's principal income
is obtained from news correspondence intended for
publication in newspapers entitled to second-class
mailing privileges.
15.1.3.2 That the person is not engaged in
paid publicity or promotion work or in prosecuting
any claim before Congress or before any department
[[Page 204]]
of the Government, and will not become so engaged
while a member of the Press Gallery.
15.1.3.3 That the person is not engaged in
any lobbying activity and will not become so engaged
while a member of the Press Gallery.
15.1.4 Members of the families of
correspondents are not entitled to the privileges of
the Press Gallery.
15.1.5 The Standing Committee of
Correspondents shall propose no change or changes in
these rules except upon petition in writing signed
by not less than 100 accredited members of the Press
Gallery.
15.2 Radio and Television Correspondents
Gallery--The front row of Gallery 1 shall be set
apart for the use of the radio-television
correspondents.
15.2.1 Persons desiring admission to the
Radio and Television Correspondents Gallery of the
Senate shall make application to the Committee on
Rules and Administration of the Senate, as required
by Rule XXIII of the Standing Rules of the Senate;
and shall also state, in writing, the names of all
radio stations, television stations, systems, or
newsgathering organizations by which they are
employed; and what other occupation or employment
they may have, if any; and shall further declare
that they are not engaged in the prosecution of
claims or promotion of legislation pending before
Congress, the departments, or the independent
agencies, and that they will not become so employed
without resigning from the gallery. They shall
further declare that they are not employed in any
legislative or executive department or independent
agency of the Government, or by any foreign
government or representative thereof; that they are
not engaged in any lobbying activities; that they do
not and will not, directly or indirectly, furnish
special information to any organization, individual,
or group of individuals, for the influencing of
prices on any commodity or stock exchange; that they
will not do so during the time they retain
membership in the gallery. Holders of visitors'
cards who may be allowed temporary admission to the
gallery must conform to all the restrictions of this
paragraph.
15.2.2 It shall be prerequisite to membership
that the radio station, television station, system,
or newsgathering agencies which the applicants
represent shall certify, in writing, to the Radio
and Tele
[[Page 205]]
vision Correspondents Gallery that the applicants
conform to the foregoing regulations.
15.2.3 The applications required by the above
rule shall be authenticated in a manner that shall
be satisfactory to the Executive Committee of the
Radio and Television Correspondents Gallery, which
shall see that the occupation of the gallery is
confined to bona fide news gatherers and/ or
reporters of reputable standing in their business
who represent radio stations, television stations,
systems, or newsgathering agencies engaged primarily
in serving radio stations, television stations, or
systems. It shall be the duty of the Executive
Committee of the Radio and Television Correspondents
Gallery to report, at its discretion, violation of
privileges of the gallery to the Senate Committee on
Rules and Administration, and, pending action
thereon, the offending individual may be suspended.
15.2.4 Persons engaged in other occupations,
whose chief attention is not given to-or more than
one-half of their earned income is not derived from-
the gathering or reporting of news for radio
stations, television stations, systems, or
newsgathering agencies primarily serving radio
stations, television stations, or systems, shall not
be entitled to admission to the Radio and Television
Correspondents Gallery. The Radio and Television
Correspondents list in the Congressional Directory
shall be a list only of persons whose chief
attention is given to the gathering and reporting of
news for radio stations, television stations, and
systems engaged in the daily dissemination of news,
and of representatives of newsgathering agencies
engaged in the daily service of news to such radio
stations, television stations, or systems.
15.2.5 Members of the families of
correspondents are not entitled to the privileges of
the gallery.
15.2.6 The Radio and Television
Correspondents Gallery shall be under the control of
the Executive Committee of the Radio and Television
Correspondents Gallery, subject to the approval and
supervision of the Senate Committee on Rules and
Administration.
15.3 Periodical Press Gallery - The front row
of Gallery 9 shall be set aside for the use of the
periodical press.
[[Page 206]]
15.3.1 Persons eligible for admission to the
Periodical Press Gallery of the Senate must be bona
fide resident correspondents of reputable standing,
giving their chief attention to the gathering and
reporting of news. They shall state in writing the
names of their employers and their additional
sources of earned income; and they shall declare
that, while a member of the Gallery, they will not
act as an agent in the prosecution of claims, and
will not become engaged or assist, directly or
indirectly, in any lobbying, promotion, advertising,
or publicity activity intended to influence
legislation or any other action of the Congress, nor
any matter before any independent agency, or any
department or other instrumentality of the Executive
Branch; and that they will not act as an agent for,
or be employed by the federal, or any state, local
or foreign government or representatives thereof;
and that they will not, directly or indirectly,
furnish special or ``insider'' information intended
to influence prices or for the purpose of trading on
any commodity or stock exchange; and that they will
not become employed, directly or indirectly, by any
stock exchange, board of trade or other organization
or member thereof, or brokerage house or broker
engaged in the buying and selling of any security or
commodity. Applications shall be submitted to the
Executive Committee of the Periodical
Correspondents' Association and shall be
authenticated in a manner satisfactory to the
Executive Committee.
15.3.2 Applicants must be employed by
periodicals that regularly publish a substantial
volume of news material of either general, economic,
industrial, technical, cultural or trade character.
The periodical must require such Washington coverage
on a continuing basis and must be owned and operated
independently of any government, industry,
institution, association, or lobbying organization.
Applicants must also be employed by a periodical
that is published for profit and is supported
chiefly by advertising or by subscription, or by a
periodical meeting the conditions in this paragraph
but published by a non-profit organization that,
first, operates independently of any government,
industry, or institution and, second, does not
engage, directly or indirectly, in any lobbying or
[[Page 207]]
other activity intended to influence any matter
before Congress or before any independent agency or
any department or other instrumentality of the
Executive Branch. House organs are not eligible.
15.3.3 Members of the families of
correspondents are not entitled to the privileges of
the gallery.
15.3.4 The Executive Committee may issue
temporary credentials permitting the privileges of
the Gallery to individuals who meet the rules of
eligibility but who may be on short-term assignment
or temporarily resident in Washington.
15.3.5 Under the authority of Rule XXIII of
the Standing Rules of the Senate, the Periodical
Press Gallery of the Senate shall be under the
control of the Executive Committee, subject to the
approval and supervision of the Senate Committee on
Rules and Administration. It shall be the duty of
the Executive Committee, at its discretion, to
report violations of the privileges of the Gallery
to the Senate Committee on Rules and Administration,
and pending action thereon, the offending
correspondent may be suspended. The Committee shall
be elected at the start of each Congress by members
of the Periodical Correspondents' Association, and
shall consist of seven members with no more than one
member from any one publishing organization. The
Committee shall elect its own officers, and a
majority of the Committee may fill vacancies on the
Committee. The list in the Congressional Directory
shall be a list only of members of the Periodical
Correspondents' Association.
15.4 Press Photographer's Gallery--
15.4.1 Administration of the Press
Photographers' Gallery is vested in a Standing
Committee of Press Photographers consisting of six
persons elected by accredited members of the
gallery. The Committee shall be composed of one
member each from Associated Press Photos, Reuters
News Pictures or AFP Photos, magazine media, local
newspapers, agency or freelance member, and one at-
large member. The at-large member may be, but need
not be, selected from a media otherwise represented
on the Committee, however no organization may have
more than one representative on the Committee.
15.4.2 The term of office of a member of the
Committee elected as the Associated Press Photos
[[Page 208]]
member, the local newspaper member, and the Reuters
News Pictures or AFP Photos member shall expire on
the day of the election held in the first odd-
numbered year following the year in which the person
was elected, and the term of office of a member of
the Committee elected as the magazine media member,
the agency or freelance member and the at-large
member shall expire on the day of the election held
in the first even-numbered year following the year
in which the person was elected. A member elected to
fill a vacancy occurring prior to the expiration of
a term shall serve only for the unexpired portion of
such term.
15.4.2.1 Election for the Reuters News
Picture or AFP photos seat was held in 1999.
15.4.2.2 Election for the agency or
freelance seat was held in 2000.
15.4.3 Elections shall be held as early as
practicable in each year and in no case later than
March 31. A vacancy in the membership of the
Committee occurring prior to the expiration of a
term shall be filled by special election called for
that purpose by the Committee.
15.4.4 The Standing Committee of the Press
Photographers' Gallery shall propose no change or
changes in these rules except upon petition in
writing signed by not less than 25 accredited
members of the gallery.
15.4.5 Persons desiring admission to the
Press Photographers' Gallery of the Senate shall
make application in accordance Rule XXIII of the
Standing Rules of the Senate, which rule shall be
interpreted and administered by the Standing
Committee of Press Photographers subject to the
review and approval of the Senate Committee on Rules
and Administration.
15.4.6 The Standing Committee of Press
Photographers shall limit membership in the
photographers' gallery to bona fide news
photographers of repute in their profession and to
heads of Photographic Bureaus under such rules as
the Standing Committee of Press Photographers shall
prescribe.
15.4.7 Provided, however, That the Standing
Committee of Press Photographers shall admit to the
gallery no person who does not establish to the
satisfaction of the Committee all of the following:
[[Page 209]]
15.4.7.1 That any member is not engaged in
paid publicity or promotion work or in prosecuting
any claim before Congress or before any department
of the Government, and will not become so engaged
while a member of the gallery.
15.4.7.2 That the person is not engaged in
any lobbying activity and will not become so engaged
while a member of the gallery.