[United States Senate Manual, 117th Congress]
[S. Doc. 117-1]
[Standing Rules of the Senate]
[Page 1]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 1]]
------------------------------------------------------------
STANDING RULES OF THE SENATE
------------------------------------------------------------
[The 1979 general revision of the rules was accomplished by
the adoption of S. Res. 274 on Nov. 14, 1979, a
resolution submitted by Mr. Robert C. Byrd for himself
and Mr. Baker; the preparation of the proposed revision
was pursuant to the adoption of S. Res. 156 on May 10,
1976, a resolution by Mr. Robert C. Byrd; the general
revision of the rules set forth in S. Res. 274 was
somewhat altered in form by the adoption of S. Res. 389
on Mar. 25, 1980, to consolidate and renumber certain
standing rules of the Senate.
[Changes to Senate rules since the last general revision in
1979 are indicated by footnotes in each succeeding
edition of the Senate Manual.
[For the origin of various changes in Senate procedure
between 1884 and 1979, as set forth in rules changes,
adopted resolutions, and Legislative Reorganization
Acts, see the table on p. XVI of Riddick's Senate
Procedure, 1992.]
--------
1 RULE I
APPOINTMENT OF A SENATOR TO THE CHAIR
1.1 1. In the absence of the Vice President, the Senate
shall choose a President pro tempore, who shall hold the
office and execute the duties thereof during the pleasure of
the Senate and until another is elected or his term of
office as a Senator expires.
1.2 2. In the absence of the Vice President, and pending the
election of a President pro tempore, the Acting President
pro tempore or the Secretary of the Senate, or in his
absence the Assistant Secretary, shall perform the duties of
the Chair.
1.3 3. The President pro tempore shall have the right to
name in open Senate or, if absent, in writing, a Senator to
perform the duties of the Chair, including the signing of
duly enrolled bills and joint resolutions but such
substitution shall not extend beyond an adjournment, except
by unanimous consent; and the Senator so named shall have
the right to name in open session, or, if absent, in
writing, a Senator to perform the duties of the Chair, but
not to
[[Page 2]]
extend beyond an adjournment, except by unanimous consent.
2 RULE II
PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE
2.1 1. The presentation of the credentials of Senators elect
or of Senators designate and other questions of privilege
shall always be in order, except during the reading and
correction of the Journal, while a question of order or a
motion to adjourn is pending, or while the Senate is voting
or ascertaining the presence of a quorum; and all questions
and motions arising or made upon the presentation of such
credentials shall be proceeded with until disposed of.
2.2 2. The Secretary shall keep a record of the certificates
of election and certificates of appointment of Senators by
entering in a well-bound book kept for that purpose the date
of the election or appointment, the name of the person
elected or appointed, the date of the certificate, the name
of the governor and the secretary of state signing and
counter-signing the same, and the state from which such
Senator is elected or appointed.
2.3 3. The Secretary of the Senate shall send copies of the
following recommended forms to the governor and secretary of
state of each state wherein an election is about to take
place or an appointment is to be made so that they may use
such forms if they see fit.
THE RECOMMENDED FORMS FOR CERTIFICATES OF ELECTION AND
CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:\1\
``CERTIFICATE OF ELECTION FOR SIX-YEAR TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of --, 20--, A--
-- B---- was duly chosen by the qualified electors of the
State of ---- a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3d day of January, 20--.
---------------------------------------------------------------------------
\1\Certificate year designations were changed from 19--
to 20-- by S. Res. 299, 106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
[[Page 3]]
``By the governor:
``C---- D----,
``Governor.
``E---- F----,
``Secretary of State.''
``CERTIFICATE OF ELECTION FOR UNEXPIRED TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator for the unexpired term ending at
noon on the 3d day of January, 20--, to fill the vacancy in
the representation from said State in the Senate of the
United States caused by the -- of C---- D----.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``E---- F----,
``Governor.
``G---- H----,
``Secretary of State.''
``CERTIFICATE OF APPOINTMENT
``To the President of the Senate of the United States:
``This is to certify that, pursuant to the power vested
in me by the Constitution of the United States and the laws
of the State of ----, I, A---- B----, the governor of said
State, do hereby appoint C---- D---- a Senator from said
State to represent said State in the Senate of the United
States until the vacancy therein caused by the ---- of E----
F----, is filled by election as provided by law.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ---- this -- day of --, in the year
of our Lord 20--.
``By the governor:
``G---- H----,
``Governor.
``I---- J----,
``Secretary of State.''
[[Page 4]]
3 RULE III
OATHS
The oaths or affirmations required by the Constitution
and prescribed by law shall be taken and subscribed by each
Senator, in open Senate, before entering upon his duties.
OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY
SENATORS
``I, A---- B---- do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to
enter: So help me God.'' (5 U.S.C. 3331.)
4 RULE IV
COMMENCEMENT OF DAILY SESSIONS
4.1a 1. (a)\2\ The Presiding Officer having taken the chair,
following the prayer by the Chaplain, and after the
Presiding Officer, or a Senator designated by the Presiding
Officer, leads the Senate from the dais in reciting the
Pledge of Allegiance to the Flag of the United States, and a
Quorum being present, the Journal of the preceding day shall
be read unless by nondebatable motion the reading shall be
waived, the question being, ``Shall the Journal stand
approved to date?'', and any mistake made in the entries
corrected. Except as provided in subparagraph (b) the
reading of the Journal shall not be suspended unless by
unanimous consent; and when any motion shall be made to
amend or correct the same, it shall be deemed a privileged
question, and proceeded with until disposed of.
---------------------------------------------------------------------------
\2\As amended by S. Res. 28, 99-2, Feb. 27, 1986; S.
Res. 113, 106-1, June 23, 1999.
---------------------------------------------------------------------------
4.1b (b) Whenever the Senate is proceeding under paragraph 2
of rule XXII, the reading of the Journal shall be dispensed
with and shall be considered approved to date.
4.1c (c) The proceedings of the Senate shall be briefly and
accurately stated on the Journal. Messages of the President
in full; titles of bills and resolutions, and such parts as
shall be affected by proposed amendments; every vote, and
[[Page 5]]
a brief statement of the contents of each petition,
memorial, or paper presented to the Senate, shall be
entered.
4.1d (d) The legislative, the executive, the confidential
legislative proceedings, and the proceedings when sitting as
a Court of Impeachment, shall each be recorded in a separate
book.
4.2 2. During a session of the Senate when that body is in
continuous session, the Presiding Officer shall temporarily
suspend the business of the Senate at noon each day for the
purpose of having the customary daily prayer by the
Chaplain.
5 RULE V
SUSPENSION AND AMENDMENT OF THE RULES
5.1 1. No motion to suspend, modify, or amend any rule, or
any part thereof, shall be in order, except on one day's
notice in writing, specifying precisely the rule or part
proposed to be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended without notice by
the unanimous consent of the Senate, except as otherwise
provided by the rules.
5.2 2. The rules of the Senate shall continue from one
Congress to the next Congress unless they are changed as
provided in these rules.
6 RULE VI
QUORUM--ABSENT SENATORS MAY BE SENT FOR
6.1 1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
6.2 2. No Senator shall absent himself from the service of
the Senate without leave.
6.3 3. If, at any time during the daily sessions of the
Senate, a question shall be raised by any Senator as to the
presence of a quorum, the Presiding Officer shall forthwith
direct the Secretary to call the roll and shall announce the
result, and these proceedings shall be without debate.
6.4 4. Whenever upon such roll call it shall be ascertained
that a quorum is not present, a majority of the Senators
present may direct the Sergeant at Arms to request, and,
when necessary, to compel the attendance of the absent
Senators, which order shall be determined without debate;
and pending its execution, and until a quorum shall be
present, no debate nor motion, except to adjourn, or to re
[[Page 6]]
cess pursuant to a previous order entered by unanimous
consent, shall be in order.
7 RULE VII
MORNING BUSINESS
7.1 1. On each legislative day after the Journal is read,
the Presiding Officer on demand of any Senator shall lay
before the Senate messages from the President, reports and
communications from the heads of Departments, and other
communications addressed to the Senate, and such bills,
joint resolutions, and other messages from the House of
Representatives as may remain upon his table from any
previous day's session undisposed of. The Presiding Officer
on demand of any Senator shall then call for, in the
following order:
The presentation of petitions and memorials.
Reports of committees.
The introduction of bills and joint resolutions.
The submission of other resolutions.
All of which shall be received and disposed of in such
order, unless unanimous consent shall be otherwise given,
with newly offered resolutions being called for before
resolutions coming over from a previous legislative day are
laid before the Senate.
7.2 2. Until the morning business shall have been concluded,
and so announced from the Chair, or until one hour after the
Senate convenes at the beginning of a new legislative day,
no motion to proceed to the consideration of any bill,
resolution, report of a committee, or other subject upon the
Calendar shall be entertained by the Presiding Officer,
unless by unanimous consent: Provided, however, That on
Mondays which are the beginning of a legislative day the
Calendar shall be called under rule VIII, and until two
hours after the Senate convenes no motion shall be
entertained to proceed to the consideration of any bill,
resolution, or other subject upon the Calendar except the
motion to continue the consideration of a bill, resolution,
or other subject against objection as provided in rule VIII,
or until the call of the Calendar has been completed.
7.3 3. The Presiding Officer may at any time lay, and it
shall be in order at any time for a Senator to move to lay,
before the Senate, any bill or other matter sent to the
Senate by the President or the House of Representatives for
appropriate action allowed under the rules and any question
[[Page 7]]
pending at that time shall be suspended for this purpose.
Any motion so made shall be determined without debate.
7.4 4. Petitions or memorials shall be referred, without
debate, to the appropriate committee according to subject
matter on the same basis as bills and resolutions, if signed
by the petitioner or memorialist. A question of receiving or
reference may be raised and determined without debate. But
no petition or memorial or other paper signed by citizens or
subjects of a foreign power shall be received, unless the
same be transmitted to the Senate by the President.
7.5 5. Only a brief statement of the contents of petitions
and memorials shall be printed in the Congressional Record;
and no other portion of any petition or memorial shall be
printed in the Record unless specifically so ordered by vote
of the Senate, as provided for in paragraph 4 of rule XI, in
which case the order shall be deemed to apply to the body of
the petition or memorial only; and names attached to the
petition or memorial shall not be printed unless specially
ordered, except that petitions and memorials from the
legislatures or conventions, lawfully called, of the
respective States, Territories, and insular possessions
shall be printed in full in the Record whenever presented.
7.6 6. Senators having petitions, memorials, bills, or
resolutions to present after the morning hour may deliver
them in the absence of objection to the Presiding Officer's
desk, endorsing upon them their names, and with the approval
of the Presiding Officer, they shall be entered on the
Journal with the names of the Senators presenting them and
in the absence of objection shall be considered as having
been read twice and referred to the appropriate committees,
and a transcript of such entries shall be furnished to the
official reporter of debates for publication in the
Congressional Record, under the direction of the Secretary
of the Senate.
8 RULE VIII
ORDER OF BUSINESS
8.1 1. At the conclusion of the morning business at the
beginning of a new legislative day, unless upon motion the
Senate shall at any time otherwise order, the Senate shall
proceed to the consideration of the Calendar of Bills and
Resolutions, and shall continue such consideration until 2
hours after the Senate convenes on such day (the end of the
morning hour); and bills and resolutions that are not ob
[[Page 8]]
jected to shall be taken up in their order, and each Senator
shall be entitled to speak once and for five minutes only
upon any question; and an objection may be interposed at any
stage of the proceedings, but upon motion the Senate may
continue such consideration; and this order shall commence
immediately after the call for ``other resolutions'', or
after disposition of resolutions coming ``over under the
rule'', and shall take precedence of the unfinished business
and other special orders. But if the Senate shall proceed on
motion with the consideration of any matter notwithstanding
an objection, the foregoing provisions touching debate shall
not apply.
8.2 2. All motions made during the first two hours of a new
legislative day to proceed to the consideration of any
matter shall be determined without debate, except motions to
proceed to the consideration of any motion, resolution, or
proposal to change any of the Standing Rules of the Senate
shall be debatable. Motions made after the first two hours
of a new legislative day to proceed to the consideration of
bills and resolutions are debatable.
9 RULE IX
MESSAGES
9.1 1. Messages from the President of the United States or
from the House of Representatives may be received at any
stage of proceedings, except while the Senate is voting or
ascertaining the presence of a quorum, or while the Journal
is being read, or while a question of order or a motion to
adjourn is pending.
9.2 2. Messages shall be sent to the House of
Representatives by the Secretary, who shall previously
certify the determination of the Senate upon all bills,
joint resolutions, and other resolutions which may be
communicated to the House, or in which its concurrence may
be requested; and the Secretary shall also certify and
deliver to the President of the United States all
resolutions and other communications which may be directed
to him by the Senate.
10 RULE X
SPECIAL ORDERS
10.1 1. Any subject may, by a vote of two-thirds of the
Senators present, be made a special order of business for
consideration and when the time so fixed for its
consideration
[[Page 9]]
arrives the Presiding Officer shall lay it before the
Senate, unless there be unfinished business in which case it
takes its place on the Calendar of Special Orders in the
order of time at which it was made special, to be considered
in that order when there is no unfinished business.
10.2 2. All motions to change such order, or to proceed to
the consideration of other business, shall be decided
without debate.
11 RULE XI
PAPERS--WITHDRAWAL, PRINTING, READING OF, AND REFERENCE
11.1 1. No memorial or other paper presented to the Senate,
except original treaties finally acted upon, shall be
withdrawn from its files except by order of the Senate.
11.2 2. The Secretary of the Senate shall obtain at the close
of each Congress all the noncurrent records of the Senate
and of each Senate committee and transfer them to the
General Services Administration for preservation, subject to
the orders of the Senate.
11.3 3. When the reading of a paper is called for, and
objected to, it shall be determined by a vote of the Senate,
without debate.
11.4 4. Every motion or resolution to print documents,
reports, and other matter transmitted by the executive
departments, or to print memorials, petitions, accompanying
documents, or any other paper, except bills of the Senate or
House of Representatives, resolutions submitted by a
Senator, communications from the legislatures or
conventions, lawfully called, of the respective States,
shall, unless the Senate otherwise order, be referred to the
Committee on Rules and Administration. When a motion is made
to commit with instructions, it shall be in order to add
thereto a motion to print.
11.5 5. Motions or resolutions to print additional numbers
shall also be referred to the Committee on Rules and
Administration; and when the committee shall report
favorably, the report shall be accompanied by an estimate of
the probable cost thereof; and when the cost of printing
such additional numbers shall exceed the sum established by
law, the concurrence of the House of Representatives shall
be necessary for an order to print the same.
11.6 6. Every bill and joint resolution introduced or
reported from a committee, and all bills and joint
resolutions re
[[Page 10]]
ceived from the House of Representatives, and all reports of
committees, shall be printed, unless, for the dispatch of
the business of the Senate, such printing may be dispensed
with.
12 RULE XII
VOTING PROCEDURE
12.1 1. When the yeas and nays are ordered, the names of
Senators shall be called alphabetically; and each Senator
shall, without debate, declare his assent or dissent to the
question, unless excused by the Senate; and no Senator shall
be permitted to vote after the decision shall have been
announced by the Presiding Officer, but may for sufficient
reasons, with unanimous consent, change or withdraw his
vote. No motion to suspend this rule shall be in order, nor
shall the Presiding Officer entertain any request to suspend
it by unanimous consent.
12.2 2. When a Senator declines to vote on call of his name,
he shall be required to assign his reasons therefor, and
having assigned them, the Presiding Officer shall submit the
question to the Senate: ``Shall the Senator for the reasons
assigned by him, be excused from voting?'' which shall be
decided without debate; and these proceedings shall be had
after the rollcall and before the result is announced; and
any further proceedings in reference thereto shall be after
such announcement.
12.3 3. A Member, notwithstanding any other provisions of
this rule, may decline to vote, in committee or on the
floor, on any matter when he believes that his voting on
such a matter would be a conflict of interest.
12.4 4. No request by a Senator for unanimous consent for the
taking of a final vote on a specified date upon the passage
of a bill or joint resolution shall be submitted to the
Senate for agreement thereto until after a quorum call
ordered for the purpose by the Presiding Officer, it shall
be disclosed that a quorum of the Senate is present; and
when a unanimous consent is thus given the same shall
operate as the order of the Senate, but any unanimous
consent may be revoked by another unanimous consent granted
in the manner prescribed above upon one day's notice.
[[Page 11]]
13 RULE XIII
RECONSIDERATION
13.1 1. When a question has been decided by the Senate, any
Senator voting with the prevailing side or who has not voted
may, on the same day or on either of the next two days of
actual session thereafter, move a reconsideration; and if
the Senate shall refuse to reconsider such a motion entered,
or if such a motion is withdrawn by leave of the Senate, or
if upon reconsideration the Senate shall affirm its first
decision, no further motion to reconsider shall be in order
unless by unanimous consent. Every motion to reconsider
shall be decided by a majority vote, and may be laid on the
table without affecting the question in reference to which
the same is made, which shall be a final disposition of the
motion.
13.2 2. When a bill, resolution, report, amendment, order, or
message, upon which a vote has been taken, shall have gone
out of the possession of the Senate and been communicated to
the House of Representatives, the motion to reconsider shall
be accompanied by a motion to request the House to return
the same; which last motion shall be acted upon immediately,
and without debate, and if determined in the negative shall
be a final disposition of the motion to reconsider.
14 RULE XIV
BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO
14.1 1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
14.2 2. Every bill and joint resolution shall receive three
readings previous to its passage which readings on demand of
any Senator shall be on three different legislative days,
and the Presiding Officer shall give notice at each reading
whether it be the first, second, or third: Provided, That
each reading may be by title only, unless the Senate in any
case shall otherwise order.
14.3 3. No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee; bills and joint resolutions
introduced on leave, and bills and joint resolutions from
the House of Representatives, shall be read once, and
[[Page 12]]
may be read twice, if not objected to, on the same day for
reference, but shall not be considered on that day nor
debated, except for reference, unless by unanimous consent.
14.4 4. Every bill and joint resolution reported from a
committee, not having previously been read, shall be read
once, and twice, if not objected to, on the same day, and
placed on the Calendar in the order in which the same may be
reported; and every bill and joint resolution introduced on
leave, and every bill and joint resolution of the House of
Representatives which shall have received a first and second
reading without being referred to a committee, shall, if
objection be made to further proceeding thereon, be placed
on the Calendar.
14.5 5. All bills, amendments, and joint resolutions shall be
examined under the supervision of the Secretary of the
Senate before they go out of the possession of the Senate,
and all bills and joint resolutions which shall have passed
both Houses shall be examined under the supervision of the
Secretary of the Senate, to see that the same are correctly
enrolled, and, when signed by the Speaker of the House and
the President of the Senate, the Secretary of the Senate
shall forthwith present the same, when they shall have
originated in the Senate, to the President of the United
States and report the fact and date of such presentation to
the Senate.
14.6 6. All other resolutions shall lie over one day for
consideration, if not referred, unless by unanimous consent
the Senate shall otherwise direct. When objection is heard
to the immediate consideration of a resolution or motion
when it is submitted, it shall be placed on the Calendar
under the heading of ``Resolutions and Motions over, under
the Rule,'' to be laid before the Senate on the next
legislative day when there is no further morning business
but before the close of morning business and before the
termination of the morning hour.
14.7 7. When a bill or joint resolution shall have been
ordered to be read a third time, it shall not be in order to
propose amendments, unless by unanimous consent, but it
shall be in order at any time before the passage of any bill
or resolution to move its commitment; and when the bill or
resolution shall again be reported from the committee it
shall be placed on the Calendar.
14.8 8. When a bill or resolution is accompanied by a
preamble, the question shall first be put on the bill or
resolu
[[Page 13]]
tion and then on the preamble, which may be withdrawn by a
mover before an amendment of the same, or ordering of the
yeas and nays; or it may be laid on the table without
prejudice to the bill or resolution, and shall be a final
disposition of such preamble.
14.9 9. Whenever a private bill, except a bill for a pension,
is under consideration, it shall be in order to move the
adoption of a resolution to refer the bill to the Chief
Commissioner of the Court of Claims for a report in
conformity with section 2509 of Title 28, United States
Code.
14.10 10. No private bill or resolution (including so-called
omnibus claims or pension bills), and no amendment to any
bill or resolution, authorizing or directing (1) the payment
of money for property damages, personal injuries, or death,
for which a claim may be filed under chapter 171 of Title
28, United States Code, or for a pension (other than to
carry out a provision of law or treaty stipulation); (2) the
construction of a bridge across a navigable stream; or (3)
the correction of a military or naval record, shall be
received or considered.
15 RULE XV
AMENDMENTS AND MOTIONS
15.1a 1. (a)\3\ An amendment and any instruction accompanying
a motion to recommit shall be reduced to writing and read
and identical copies shall be provided by the Senator
offering the amendment or instruction to the desks of the
Majority Leader and the Minority Leader before being
debated.
---------------------------------------------------------------------------
\3\Paragraph 1 was amended by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
15.1b (b) A motion shall be reduced to writing, if desired by
the Presiding Officer or by any Senator, and shall be read
before being debated.
15.2 2. Any motion, amendment, or resolution may be withdrawn
or modified by the mover at any time before a decision,
amendment, or ordering of the yeas and nays, except a motion
to reconsider, which shall not be withdrawn without leave.
15.3 3. If the question in debate contains several
propositions, any Senator may have the same divided, except
a motion to strike out and insert, which shall not be
divided; but the rejection of a motion to strike out and
insert one proposition shall not prevent a motion to strike
out and insert
[[Page 14]]
a different proposition; nor shall it prevent a motion
simply to strike out; nor shall the rejection of a motion to
strike out prevent a motion to strike out and insert. But
pending a motion to strike out and insert, the part to be
stricken out and the part to be inserted shall each be
regarded for the purpose of amendment as a question, and
motions to amend the part to be stricken out shall have
precedence.
15.4 4. When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice,
such measure.
15.5 5. It shall not be in order to consider any proposed
committee amendment (other than a technical, clerical, or
conforming amendment) which contains any significant matter
not within the jurisdiction of the committee proposing such
amendment.
16 RULE XVI
APPROPRIATIONS AND AMENDMENTS TO GENERAL APPROPRIATIONS
BILLS
16.1 1. On a point of order made by any Senator, no
amendments shall be received to any general appropriation
bill the effect of which will be to increase an
appropriation already contained in the bill, or to add a new
item of appropriation, unless it be made to carry out the
provisions of some existing law, or treaty stipulation, or
act or resolution previously passed by the Senate during
that session; or unless the same be moved by direction of
the Committee on Appropriations or of a committee of the
Senate having legislative jurisdiction of the subject
matter, or proposed in pursuance of an estimate submitted in
accordance with law.
16.2 2. The Committee on Appropriations shall not report an
appropriation bill containing amendments to such bill
proposing new or general legislation or any restriction on
the expenditure of the funds appropriated which proposes a
limitation not authorized by law if such restriction is to
take effect or cease to be effective upon the happening of a
contingency, and if an appropriation bill is reported to the
Senate containing amendments to such bill proposing new or
general legislation or any such restriction, a point of
order may be made against the bill, and if the point is
sustained, the bill shall be recommitted to the Committee on
Appropriations.
[[Page 15]]
16.3 3. All amendments to general appropriation bills moved
by direction of a committee having legislative jurisdiction
of the subject matter proposing to increase an appropriation
already contained in the bill, or to add new items of
appropriation, shall, at least one day before they are
considered, be referred to the Committee on Appropriations,
and when actually proposed to the bill no amendment
proposing to increase the amount stated in such amendment
shall be received on a point of order made by any Senator.
16.4 4. On a point of order made by any Senator, no amendment
offered by any other Senator which proposes general
legislation shall be received to any general appropriation
bill, nor shall any amendment not germane or relevant to the
subject matter contained in the bill be received; nor shall
any amendment to any item or clause of such bill be received
which does not directly relate thereto; nor shall any
restriction on the expenditure of the funds appropriated
which proposes a limitation not authorized by law be
received if such restriction is to take effect or cease to
be effective upon the happening of a contingency; and all
questions of relevancy of amendments under this rule, when
raised, shall be submitted to the Senate and be decided
without debate; and any such amendment or restriction to a
general appropriation bill may be laid on the table without
prejudice to the bill.
16.5 5. On a point of order made by any Senator, no
amendment, the object of which is to provide for a private
claim, shall be received to any general appropriation bill,
unless it be to carry out the provisions of an existing law
or a treaty stipulation, which shall be cited on the face of
the amendment.
16.6 6. When a point of order is made against any restriction
on the expenditure of funds appropriated in a general
appropriation bill on the ground that the restriction
violates this rule, the rule shall be construed strictly
and, in case of doubt, in favor of the point of order.
16.7 7. Every report on general appropriation bills filed by
the Committee on Appropriations shall identify with
particularity each recommended amendment which proposes an
item of appropriation which is not made to carry out the
provisions of an existing law, a treaty stipulation, or an
act or resolution previously passed by the Senate during
that session.
16.8 8. On a point of order made by any Senator, no general
appropriation bill or amendment thereto shall be received
[[Page 16]]
or considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this
provision shall not apply to appropriations in continuation
of appropriations for public works on which work has
commenced.
17 RULE XVII
REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF
COMMITTEES; AND HEARINGS AVAILABLE
17.1 1. Except as provided in paragraph 3, in any case in
which a controversy arises as to the jurisdiction of any
committee with respect to any proposed legislation, the
question of jurisdiction shall be decided by the presiding
officer, without debate, in favor of the committee which has
jurisdiction over the subject matter which predominates in
such proposed legislation; but such decision shall be
subject to an appeal.
17.2 2. A motion simply to refer shall not be open to
amendment, except to add instructions.
17.3a 3. (a) Upon motion by both the majority leader or his
designee and the minority leader or his designee, proposed
legislation may be referred to two or more committees
jointly or sequentially. Notice of such motion and the
proposed legislation to which it relates shall be printed in
the Congressional Record. The motion shall be privileged,
but it shall not be in order until the Congressional Record
in which the notice is printed has been available to
Senators for at least twenty-four hours. No amendment to any
such motion shall be in order except amendments to any
instructions contained therein. Debate on any such motion,
and all amendments thereto and debatable motions and appeals
in connection therewith, shall be limited to not more than
two hours, the time to be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
17.3b (b) Proposed legislation which is referred to two or
more committees jointly may be reported only by such
committees jointly and only one report may accompany any
proposed legislation so jointly reported.
17.3c (c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
17.3d (d) Any motion under this paragraph may specify the
portion or portions of proposed legislation to be considered
[[Page 17]]
by the committees, or any of them, to which such proposed
legislation is referred, and such committees or committee
shall be limited, in the consideration of such proposed
legislation, to the portion or portions so specified.
17.3e (e) Any motion under this subparagraph may contain
instructions with respect to the time allowed for
consideration by the committees, or any of them, to which
proposed legislation is referred and the discharge of such
committees, or any of them, from further consideration of
such proposed legislation.
17.4a 4. (a) All reports of committees and motions to
discharge a committee from the consideration of a subject,
and all subjects from which a committee shall be discharged,
shall lie over one day for consideration, unless by
unanimous consent the Senate shall otherwise direct.
17.4b (b) Whenever any committee (except the Committee on
Appropriations) has reported any measure, by action taken in
conformity with the requirements of paragraph 7 of rule
XXVI, no point of order shall lie with respect to that
measure on the ground that hearings upon that measure by the
committee were not conducted in accordance with the
provisions of paragraph 4 of rule XXVI.
17.5 5.\4\ Any measure or matter reported by any standing
committee shall not be considered in the Senate unless the
report of that committee upon that measure or matter has
been available to Members for at least two calendar days
(excluding Sundays and legal holidays) prior to the
consideration of that measure or matter. If hearings have
been held on any such measure or matter so reported, the
committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and
available for distribution to the Members of the Senate
prior to the consideration of such measure or matter in the
Senate. This paragraph--
---------------------------------------------------------------------------
\4\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
(1) may be waived by joint agreement of the
majority leader and the minority leader of the
Senate; and
(2) shall not apply to--
(A) any measure for the declaration of
war, or the declaration of a national
emergency, by the Congress, and
(B) any executive decision,
determination, or action which would become,
or continue to be, effec
[[Page 18]]
tive unless disapproved or otherwise
invalidated by one or both Houses of
Congress.
18 RULE XVIII
BUSINESS CONTINUED FROM SESSION TO SESSION
At the second or any subsequent session of a Congress
the legislative business of the Senate which remained
undetermined at the close of the next preceding session of
that Congress shall be resumed and proceeded with in the
same manner as if no adjournment of the Senate had taken
place.
19 RULE XIX
DEBATE
19.1a 1. (a) When a Senator desires to speak, he shall rise
and address the Presiding Officer, and shall not proceed
until he is recognized, and the Presiding Officer shall
recognize the Senator who shall first address him. No
Senator shall interrupt another Senator in debate without
his consent, and to obtain such consent he shall first
address the Presiding Officer, and no Senator shall speak
more than twice upon any one question in debate on the same
legislative day without leave of the Senate, which shall be
determined without debate.
19.1b (b) At the conclusion of the morning hour at the
beginning of a new legislative day or after the unfinished
business or any pending business has first been laid before
the Senate on any calendar day, and until after the duration
of three hours of actual session after such business is laid
down except as determined to the contrary by unanimous
consent or on motion without debate, all debate shall be
germane and confined to the specific question then pending
before the Senate.
19.2 2. No Senator in debate shall, directly or indirectly,
by any form of words impute to another Senator or to other
Senators any conduct or motive unworthy or unbecoming a
Senator.
19.3 3. No Senator in debate shall refer offensively to any
State of the Union.
19.4 4. If any Senator, in speaking or otherwise, in the
opinion of the Presiding Officer transgress the rules of the
Senate the Presiding Officer shall, either on his own motion
or at the request of any other Senator, call him to order;
and
[[Page 19]]
when a Senator shall be called to order he shall take his
seat, and may not proceed without leave of the Senate,
which, if granted, shall be upon motion that he be allowed
to proceed in order, which motion shall be determined
without debate. Any Senator directed by the Presiding
Officer to take his seat, and any Senator requesting the
Presiding Officer to require a Senator to take his seat, may
appeal from the ruling of the Chair, which appeal shall be
open to debate.
19.5 5. If a Senator be called to order for words spoken in
debate, upon the demand of the Senator or of any other
Senator, the exceptionable words shall be taken down in
writing, and read at the table for the information of the
Senate.
19.6 6. Whenever confusion arises in the Chamber or the
galleries, or demonstrations of approval or disapproval are
indulged in by the occupants of the galleries, it shall be
the duty of the Chair to enforce order on his own initiative
and without any point of order being made by a Senator.
19.7 7. No Senator shall introduce to or bring to the
attention of the Senate during its sessions any occupant in
the galleries of the Senate. No motion to suspend this rule
shall be in order, nor may the Presiding Officer entertain
any request to suspend it by unanimous consent.
19.8 8. Former Presidents of the United States shall be
entitled to address the Senate upon appropriate notice to
the Presiding Officer who shall thereupon make the necessary
arrangements.
20 RULE XX
QUESTIONS OF ORDER
20.1 1. A question of order may be raised at any stage of the
proceedings, except when the Senate is voting or
ascertaining the presence of a quorum, and, unless submitted
to the Senate, shall be decided by the Presiding Officer
without debate, subject to an appeal to the Senate. When an
appeal is taken, any subsequent question of order which may
arise before the decision of such appeal shall be decided by
the Presiding Officer without debate; and every appeal
therefrom shall be decided at once, and without debate; and
any appeal may be laid on the table without prejudice to the
pending proposition, and thereupon shall be held as
affirming the decision of the Presiding Officer.
[[Page 20]]
20.2 2. The Presiding Officer may submit any question of
order for the decision of the Senate.
21 RULE XXI
SESSION WITH CLOSED DOORS
21.1 1. On a motion made and seconded to close the doors of
the Senate, on the discussion of any business which may, in
the opinion of a Senator, require secrecy, the Presiding
Officer shall direct the galleries to be cleared; and during
the discussion of such motion the doors shall remain closed.
21.2 2. When the Senate meets in closed session, any
applicable provisions of rules XXIX and XXXI, including the
confidentiality of information shall apply to any
information and to the conduct of any debate transacted.
22 RULE XXII
PRECEDENCE OF MOTIONS
22.1 1. When a question is pending, no motion shall be
received but--
To adjourn.
To adjourn to a day certain, or that when the
Senate adjourn it shall be to a day certain.
To take a recess.
To proceed to the consideration of executive
business.
To lay on the table.
To postpone indefinitely.
To postpone to a day certain.
To commit.
To amend.
Which several motions shall have precedence as they stand
arranged; and the motions relating to adjournment, to take a
recess, to proceed to the consideration of executive
business, to lay on the table, shall be decided without
debate.
22.2 2.\5\ Notwithstanding the provisions of rule II or rule
IV or any other rule of the Senate, at any time a motion
signed by sixteen Senators, to bring to a close the debate
upon any measure, motion, other matter pending before the
Senate, or the unfinished business, is presented to the
Senate, the Presiding Officer, or clerk at the direction of
the Presiding Officer, shall at once state the motion to the
Senate,
[[Page 21]]
and one hour after the Senate meets on the following
calendar day but one, he shall lay the motion before the
Senate and direct that the clerk call the roll, and upon the
ascertainment that a quorum is present, the Presiding
Officer shall, without debate, submit to the Senate by a
yea-and-nay vote the question:
---------------------------------------------------------------------------
\5\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
``Is it the sense of the Senate that the debate shall be
brought to a close?'' And if that question shall be decided
in the affirmative by three-fifths of the Senators duly
chosen and sworn--except on a measure or motion to amend the
Senate rules, in which case the necessary affirmative vote
shall be two-thirds of the Senators present and voting--then
said measure, motion, or other matter pending before the
Senate, or the unfinished business, shall be the unfinished
business to the exclusion of all other business until
disposed of.
Thereafter no Senator shall be entitled to speak in all
more than one hour on the measure, motion, or other matter
pending before the Senate, or the unfinished business, the
amendments thereto and motions affecting the same, and it
shall be the duty of the Presiding Officer to keep the time
of each Senator who speaks. Except by unanimous consent, no
amendment shall be proposed after the vote to bring the
debate to a close, unless it had been submitted in writing
to the Journal Clerk by 1 o'clock p.m. on the day following
the filing of the cloture motion if an amendment in the
first degree, and unless it had been so submitted at least
one hour prior to the beginning of the cloture vote if an
amendment in the second degree. No dilatory motion, or
dilatory amendment, or amendment not germane shall be in
order. Points of order, including questions of relevancy,
and appeals from the decision of the Presiding Officer,
shall be decided without debate.
After no more than thirty hours of consideration of the
measure, motion, or other matter on which cloture has been
invoked, the Senate shall proceed, without any further
debate on any question, to vote on the final disposition
thereof to the exclusion of all amendments not then actually
pending before the Senate at that time and to the exclusion
of all motions, except a motion to table, or to reconsider
and one quorum call on demand to establish the presence of a
quorum (and motions required to establish a quorum)
immediately before the final vote begins. The thirty hours
may be increased by the adoption of a motion,
[[Page 22]]
decided without debate, by a three-fifths affirmative vote
of the Senators duly chosen and sworn, and any such time
thus agreed upon shall be equally divided between and
controlled by the Majority and Minority Leaders or their
designees. However, only one motion to extend time,
specified above, may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted
after cloture has been invoked, amendments which were in
order prior to the reprinting of the measure or matter will
continue to be in order and may be conformed and reprinted
at the request of the amendment's sponsor. The conforming
changes must be limited to lineation and pagination.
No Senator shall call up more than two amendments until
every other Senator shall have had the opportunity to do
likewise.
Notwithstanding other provisions of this rule, a Senator
may yield all or part of his one hour to the majority or
minority floor managers of the measure, motion, or matter or
to the Majority or Minority Leader, but each Senator
specified shall not have more than two hours so yielded to
him and may in turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any
Senator who has not used or yielded at least ten minutes,
is, if he seeks recognition, guaranteed up to ten minutes,
inclusive, to speak only.
After cloture is invoked, the reading of any amendment,
including House amendments, shall be dispensed with when the
proposed amendment has been identified and has been
available in printed form at the desk of the Members for not
less than twenty-four hours.
22.3 3.\6\If a cloture motion on a motion to proceed to a
measure or matter is presented in accordance with this rule
and is signed by 16 Senators, including the Majority Leader,
the Minority Leader, 7 additional Senators not affiliated
with the majority, and 7 additional Senators not affiliated
with the minority, one hour after the Senate meets on the
following calendar day, the Presiding Officer, or the clerk
at the direction of the Presiding Officer, shall lay the
motion before the Senate. If cloture is then invoked on the
motion to proceed, the question shall be on the motion to
proceed, without further debate.
---------------------------------------------------------------------------
\6\As amended by S. Res. 16, 113-1, Jan. 24, 2013.
[[Page 23]]
23 RULE XXIII
PRIVILEGE OF THE FLOOR
23.1 1.\7\Other than the Vice President and Senators, no
person shall be admitted to the floor of the Senate while in
session, except as follows:
---------------------------------------------------------------------------
\7\Paragraph numbered by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
The President of the United States and his
private secretary.
The President elect and Vice President elect of
the United States.
Ex-Presidents and ex-Vice Presidents of the
United States.
Judges of the Supreme Court.
Ex-Senators and Senators elect, except as
provided in paragraph 2.\8\
---------------------------------------------------------------------------
\8\As amended by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
The officers and employees of the Senate in the
discharge of their official duties.
Ex-Secretaries and ex-Sergeants at Arms of the
Senate, except as provided in paragraph 2.\9\
---------------------------------------------------------------------------
\9\As amended by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
Members of the House of Representatives and
Members elect.
Ex-Speakers of the House of Representatives,
except as provided in paragraph 2.\10\
---------------------------------------------------------------------------
\10\As amended by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
The Sergeant at Arms of the House and his chief
deputy and the Clerk of the House and his deputy.
Heads of the Executive Departments.
Ambassadors and Ministers of the United States.
Governors of States and Territories.
Members of the Joint Chiefs of Staff.
The General Commanding the Army.
The Senior Admiral of the Navy on the active
list.
Members of National Legislatures of foreign
countries and Members of the European Parliament.
Judges of the Court of Claims.
The Mayor of the District of Columbia.
The Librarian of Congress and the Assistant
Librarian in charge of the Law Library.
The Architect of the Capitol.
The Chaplain of the House of Representatives.
The Secretary of the Smithsonian Institution.
The Parliamentarian Emeritus of the Senate.
[[Page 24]]
Members of the staffs of committees of the
Senate and joint committees of the Congress when in
the discharge of their official duties and employees
in the office of a Senator when in the discharge of
their official duties (but in each case subject to
such rules or regulations as may be prescribed by
the Committee on Rules and Administration). Senate
committee staff members and employees in the office
of a Senator must be on the payroll of the Senate
and members of joint committee staffs must be on the
payroll of the Senate or the House of
Representatives.
23.2a 2. (a)\11\ The floor privilege provided in paragraph 1
shall not apply, when the Senate is in session, to an
individual covered by this paragraph who is--
---------------------------------------------------------------------------
\11\Paragraphs 2 and 3 added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(1) a registered lobbyist or agent of a foreign
principal; or
(2) in the employ of or represents any party or
organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any Federal legislative proposal.
23.2b (b) The Committee on Rules and Administration may
promulgate regulations to allow individuals covered by this
paragraph floor privileges for ceremonial functions and
events designated by the Majority Leader and the Minority
Leader.
23.3 3. A former Member of the Senate may not exercise
privileges to use Senate athletic facilities or Member-only
parking spaces if such Member is--
23.3a
(a) a registered lobbyist or agent of a foreign
principal; or
23.3b
(b) in the employ of or represents any party or
organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any Federal legislative proposal.
24 RULE XXIV
APPOINTMENT OF COMMITTEES
24.1 1. In the appointment of the standing committees, or to
fill vacancies thereon, the Senate, unless otherwise
ordered, shall by resolution appoint the chairman of each
such committee and the other members thereof. On de
[[Page 25]]
mand of any Senator, a separate vote shall be had on the
appointment of the chairman of any such committee and on the
appointment of the other members thereof. Each such
resolution shall be subject to amendment and to division of
the question.
24.2 2. On demand of one-fifth of the Senators present, a
quorum being present, any vote taken pursuant to paragraph 1
shall be by ballot.
24.3 3. Except as otherwise provided or unless otherwise
ordered, all other committees, and the chairmen thereof,
shall be appointed in the same manner as standing
committees.
24.4 4. When a chairman of a committee shall resign or cease
to serve on a committee, action by the Senate to fill the
vacancy in such committee, unless specially otherwise
ordered, shall be only to fill up the number of members of
the committee, and the election of a new chairman.
25 RULE XXV
STANDING COMMITTEES
25.1 1. The following standing committees shall be appointed
at the commencement of each Congress, and shall continue and
have the power to act until their successors are appointed,
with leave to report by bill or otherwise on matters within
their respective jurisdictions:
25.1a (a)(1) Committee on Agriculture, Nutrition, and
Forestry, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating primarily to the following subjects:
1. Agricultural economics and research.
2. Agricultural extension services and
experiment stations.
3. Agricultural production, marketing, and
stabilization of prices.
4. Agriculture and agricultural commodities.
5. Animal industry and diseases.
6. Crop insurance and soil conservation.
7. Farm credit and farm security.
8. Food from fresh waters.
9. Food stamp programs.
10. Forestry, and forest reserves and wilderness
areas other than those created from the public
domain.
11. Home economics.
[[Page 26]]
12. Human nutrition.
13. Inspection of livestock, meat, and
agricultural products.
14. Pests and pesticides.
15. Plant industry, soils, and agricultural
engineering.
16. Rural development, rural electrification,
and watersheds.
17. School nutrition programs.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to food, nutrition,
and hunger, both in the United States and in foreign
countries, and rural affairs, and report thereon from time
to time.
25.1b (b) Committee on Appropriations, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Appropriation of the revenue for the support
of the Government, except as provided in
subparagraph (e).
2. Rescission of appropriations contained in
appropriation Acts (referred to in section 105 of
Title 1, United States Code).
3. The amount of new spending authority
described in section 401(c)(2) (A) and (B) of the
Congressional Budget Act of 1974 which is to be
effective for a fiscal year.
4. New spending authority described in section
401(c)(2)(C) of the Congressional Budget Act of 1974
provided in bills and resolutions referred to the
committee under section 401(b)(2) of that Act (but
subject to the provisions of section 401(b)(3) of
that Act).
25.1c (c)(1) Committee on Armed Services, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Aeronautical and space activities peculiar to
or primarily associated with the development of
weapons systems or military operations.
2. Common defense.
3. Department of Defense, the Department of the
Army, the Department of the Navy, and the Department
of the Air Force, generally.
[[Page 27]]
4. Maintenance and operation of the Panama
Canal, including administration, sanitation, and
government of the Canal Zone.
5. Military research and development.
6. National security aspects of nuclear energy.
7. Naval petroleum reserves, except those in
Alaska.
8. Pay, promotion, retirement, and other
benefits and privileges of members of the Armed
Forces, including overseas education of civilian and
military dependents.
9. Selective service system.
10. Strategic and critical materials necessary
for the common defense.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the common defense
policy of the United States, and report thereon from time to
time.
25.1d (d)(1) Committee on Banking, Housing, and Urban Affairs,
to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
1. Banks, banking, and financial institutions.
2. Control of prices of commodities, rents, and
services.
3. Deposit insurance.
4. Economic stabilization and defense
production.
5. Export and foreign trade promotion.
6. Export controls.
7. Federal monetary policy, including Federal
Reserve System.
8. Financial aid to commerce and industry.
9. Issuance and redemption of notes.
10. Money and credit, including currency and
coinage.
11. Nursing home construction.
12. Public and private housing (including
veterans' housing).
13. Renegotiation of Government contracts.
14. Urban development and urban mass transit.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to international
economic policy as it affects United States monetary
affairs, credit, and financial institutions; economic
growth, urban affairs, and credit, and report thereon from
time to time.
[[Page 28]]
25.1e (e)(1)\12\ Committee on the Budget, to which committee
shall be referred all concurrent resolutions on the budget
(as defined in section 3(a)(4) of the Congressional Budget
Act of 1974) and all other matters required to be referred
to that committee under Titles III and IV of that Act, and
messages, petitions, memorials, and other matters relating
thereto.
---------------------------------------------------------------------------
\12\The jurisdiction for the Committee on the Budget was
modified by S. Res. 445, 108-2, Oct. 9, 2004; however, the
Standing Rules of the Senate were not amended.
---------------------------------------------------------------------------
(2) Such committee shall have the duty--
(A) to report the matters required to be
reported by it under titles III and IV of the
Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on
budget outlays of relevant existing and proposed
legislation and to report the results of such
studies to the Senate on a recurring basis;
(C) to request and evaluate continuing studies
of tax expenditures, to devise methods of
coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report
the results of such studies to the Senate on a
recurring basis; and
(D) to review, on a continuing basis, the
conduct by the Congressional Budget Office of its
functions and duties.
25.1f (f)(1) Committee on Commerce, Science, and
Transportation, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Coast Guard.
2. Coastal zone management.
3. Communications.
4. Highway safety.
5. Inland waterways, except construction.
6. Interstate commerce.
7. Marine and ocean navigation, safety, and
transportation, including navigational aspects of
deepwater ports.
8. Marine fisheries.
9. Merchant marine and navigation.
10. Nonmilitary aeronautical and space sciences.
11. Oceans, weather, and atmospheric activities.
12. Panama Canal and interoceanic canals
generally, except as provided in subparagraph (c).
[[Page 29]]
13. Regulation of consumer products and
services, including testing related to toxic
substances, other than pesticides, and except for
credit, financial services, and housing.
14. Regulation of interstate common carriers,
including railroads, buses, trucks, vessels,
pipelines, and civil aviation.
15. Science, engineering, and technology
research and development and policy.
16. Sports.
17. Standards and measurement.
18. Transportation.
19. Transportation and commerce aspects of Outer
Continental Shelf lands.
(2) Such committee shall also study and review, on a
comprehensive basis, all matters relating to science and
technology, oceans policy, transportation, communications,
and consumer affairs, and report thereon from time to time.
25.1g (g)(1) Committee on Energy and Natural Resources, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Coal production, distribution, and
utilization.
2. Energy policy.
3. Energy regulation and conservation.
4. Energy related aspects of deepwater ports.
5. Energy research and development.
6. Extraction of minerals from oceans and Outer
Continental Shelf lands.
7. Hydroelectric power, irrigation, and
reclamation.
8. Mining education and research.
9. Mining, mineral lands, mining claims, and
mineral conservation.
10. National parks, recreation areas, wilderness
areas, wild and scenic rivers, historical sites,
military parks and battlefields, and on the public
domain, preservation of prehistoric ruins and
objects of interest.
11. Naval petroleum reserves in Alaska.
12. Nonmilitary development of nuclear energy.
13. Oil and gas production and distribution.
14. Public lands and forests, including farming
and grazing thereon, and mineral extraction
therefrom.
15. Solar energy systems.
[[Page 30]]
16. Territorial possessions of the United
States, including trusteeships.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to energy and
resources development, and report thereon from time to time.
25.1h (h)(1) Committee on Environment and Public Works, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Air pollution.
2. Construction and maintenance of highways.
3. Environmental aspects of Outer Continental
Shelf lands.
4. Environmental effects of toxic substances,
other than pesticides.
5. Environmental policy.
6. Environmental research and development.
7. Fisheries and wildlife.
8. Flood control and improvements of rivers and
harbors, including environmental aspects of
deepwater ports.
9. Noise pollution.
10. Nonmilitary environmental regulation and
control of nuclear energy.
11. Ocean dumping.
12. Public buildings and improved grounds of the
United States generally, including Federal buildings
in the District of Columbia.
13. Public works, bridges, and dams.
14. Regional economic development.
15. Solid waste disposal and recycling.
16. Water pollution.
17. Water resources.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to environmental
protection and resource utilization and conservation, and
report thereon from time to time.
25.1i (i) Committee on Finance, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
1. Bonded debt of the United States, except as
provided in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of
entry and delivery.
[[Page 31]]
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act
and health programs financed by a specific tax or
trust fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as
provided in the Congressional Budget Act of 1974.
9. Revenue measures relating to the insular
possessions.
10. Tariffs and import quotas, and matters
related thereto.
11. Transportation of dutiable goods.
25.1j (j)(1) Committee on Foreign Relations, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Acquisition of land and buildings for
embassies and legations in foreign countries.
2. Boundaries of the United States.
3. Diplomatic service.
4. Foreign economic, military, technical, and
humanitarian assistance.
5. Foreign loans.
6. International activities of the American
National Red Cross and the International Committee
of the Red Cross.
7. International aspects of nuclear energy,
including nuclear transfer policy.
8. International conferences and congresses.
9. International law as it relates to foreign
policy.
10. International Monetary Fund and other
international organizations established primarily
for international monetary purposes (except that, at
the request of the Committee on Banking, Housing,
and Urban Affairs, any proposed legislation relating
to such subjects reported by the Committee on
Foreign Relations shall be referred to the Committee
on Banking, Housing, and Urban Affairs).
11. Intervention abroad and declarations of war.
12. Measures to foster commercial intercourse
with foreign nations and to safeguard American
business interests abroad.
13. National security and international aspects
of trusteeships of the United States.
[[Page 32]]
14. Oceans and international environmental and
scientific affairs as they relate to foreign policy.
15. Protection of United States citizens abroad
and expatriation.
16. Relations of the United States with foreign
nations generally.
17. Treaties and executive agreements, except
reciprocal trade agreements.
18. United Nations and its affiliated
organizations.
19. World Bank group, the regional development
banks, and other international organizations
established primarily for development assistance
purposes.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the national
security policy, foreign policy, and international economic
policy as it relates to foreign policy of the United States,
and matters relating to food, hunger, and nutrition in
foreign countries, and report thereon from time to time.
25.1k (k)(1)\13\ Committee on Governmental Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\13\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, ``the
Committee on Homeland Security and Governmental Affairs
shall be treated as the Committee on Governmental Affairs
listed under paragraph 2 of rule XXV of the Standing Rules
of the Senate for purposes of the Standing Rules of the
Senate.'' The resolution also modified the jurisdiction of
the Committee. However, the Standing Rules of the Senate
were not amended.
---------------------------------------------------------------------------
1. Archives of the United States.
2. Budget and accounting measures, other than
appropriations, except as provided in the
Congressional Budget Act of 1974.
3. Census and collection of statistics,
including economic and social statistics.
4. Congressional organization, except for any
part of the matter that amends the rules or orders
of the Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of
Columbia, except appropriations therefor.
9. Organization and management of United States
nuclear export policy.
10. Organization and reorganization of the
executive branch of the Government.
[[Page 33]]
11. Postal Service.
12. Status of officers and employees of the
United States, including their classification,
compensation, and benefits.
(2) Such committee shall have the duty of--
(A) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(B) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(C) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(D) studying the intergovernmental relationships
between the United States and the States and
municipalities, and between the United States and
international organizations of which the United
States is a member.
25.1l (l)(1)\14\ Committee on Health, Education, Labor, and
Pensions, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
---------------------------------------------------------------------------
\14\Name changed by S. Res. 28, 106-1, Jan. 21, 1999;
redesignated as subparagraph (l) by S. Res. 299, 106-2, Apr.
27, 2000.
---------------------------------------------------------------------------
1. Measures relating to education, labor,
health, and public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by
convicts into interstate commerce.
8. Domestic activities of the American National
Red Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and
Saint Elizabeths Hospital.
11. Individuals with disabilities.\15\
---------------------------------------------------------------------------
\15\As amended by S. Res. 28, 106-1, Jan. 21, 1999.
---------------------------------------------------------------------------
12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
[[Page 34]]
14. Occupational safety and health, including
the welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health, education
and training, and public welfare, and report thereon from
time to time.
25.1m (m)\16\ Committee on the Judiciary, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
---------------------------------------------------------------------------
\16\Redesignated as subparagraph (m) by S. Res. 299,
106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
1. Apportionment of Representatives.
2. Bankruptcy, mutiny, espionage, and
counterfeiting.
3. Civil liberties.
4. Constitutional amendments.
5. Federal courts and judges.
6. Government information.
7. Holidays and celebrations.
8. Immigration and naturalization.
9. Interstate compacts generally.
10. Judicial proceedings, civil and criminal,
generally.
11. Local courts in the territories and
possessions.
12. Measures relating to claims against the
United States.
13. National penitentiaries.
14. Patent Office.
15. Patents, copyrights, and trademarks.
16. Protection of trade and commerce against
unlawful restraints and monopolies.
17. Revision and codification of the statutes of
the United States.
18. State and territorial boundary lines.
25.1n (n)(1) Committee on Rules and Administration, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
[[Page 35]]
1. Administration of the Senate Office Buildings
and the Senate wing of the Capitol, including the
assignment of office space.
2. Congressional organization relative to rules
and procedures, and Senate rules and regulations,
including floor and gallery rules.
3. Corrupt practices.
4. Credentials and qualifications of Members of
the Senate, contested elections, and acceptance of
incompatible offices.
5. Federal elections generally, including the
election of the President, Vice President, and
Members of the Congress.
6. Government Printing Office, and the printing
and correction of the Congressional Record, as well
as those matters provided for under rule XI.
7. Meetings of the Congress and attendance of
Members.
8. Payment of money out of the contingent fund
of the Senate or creating a charge upon the same
(except that any resolution relating to substantive
matter within the jurisdiction of any other standing
committee of the Senate shall be first referred to
such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and
erection of monuments to the memory of individuals.
11. Senate Library and statuary, art, and
pictures in the Capitol and Senate Office Buildings.
12. Services to the Senate, including the Senate
restaurant.
13. United States Capitol and congressional
office buildings, the Library of Congress, the
Smithsonian Institution (and the incorporation of
similar institutions), and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization
and operation of the Congress of the United States
and shall recommend improvements in such
organization and operation with a view toward
strengthening the Congress, simplifying its
operations, improving its relationships with other
branches of the United States Government, and
enabling it better to meet its responsibilities
under the Constitution of the United States;
[[Page 36]]
(B) identify any court proceeding or action
which, in the opinion of the Committee, is of vital
interest to the Congress as a constitutionally
established institution of the Federal Government
and call such proceeding or action to the attention
of the Senate; and
(C)\17\ develop, implement, and update as
necessary a strategic planning process and a
strategic plan for the functional and technical
infrastructure support of the Senate and provide
oversight over plans developed by Senate officers
and others in accordance with the strategic planning
process.
---------------------------------------------------------------------------
\17\As added by S. Res. 151, 105-1, Nov. 9, 1997.
25.1o (o)(1)\18\ Committee on Small Business and
Entrepreneurship, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the Small Business Administration.
---------------------------------------------------------------------------
\18\As added by S. Res. 101, 97-1, Mar. 25, 1981; name
changed by S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
(2) Any proposed legislation reported by such committee
which relates to matters other than the functions of the
Small Business Administration shall, at the request of the
chairman of any standing committee having jurisdiction over
the subject matter extraneous to the functions of the Small
Business Administration, be considered and reported by such
standing committee prior to its consideration by the Senate;
and likewise measures reported by other committees directly
relating to the Small Business Administration shall, at the
request of the chairman of the Committee on Small Business,
be referred to the Committee on Small Business and
Entrepreneurship for its consideration of any portions of
the measure dealing with the Small Business Administration,
and be reported by this committee prior to its consideration
by the Senate.
(3) Such committee shall also study and survey by means
of research and investigation all problems of American small
business enterprises, and report thereon from time to time.
25.1p (p)\19\ Committee on Veterans' Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\19\Redesignated as subparagraph (p) by S. Res. 101, 97-
1, Mar. 25, 1981.
---------------------------------------------------------------------------
1. Compensation of veterans.
[[Page 37]]
2. Life insurance issued by the Government on
account of service in the Armed Forces.
3. National cemeteries.
4. Pensions of all wars of the United States,
general and special.
5. Readjustment of servicemen to civil life.
6. Soldiers' and sailors' civil relief.
7. Veterans' hospitals, medical care and
treatment of veterans.
8. Veterans' measures generally.
9. Vocational rehabilitation and education of
veterans.
25.2 2.\20\ Except as otherwise provided by paragraph 4 of
this rule, each of the following standing committees shall
consist of the number of Senators set forth in the following
table on the line on which the name of that committee
appears:
---------------------------------------------------------------------------
\20\As amended by S. Res. 13, 97-1, Jan. 5, 1981; S.
Res. 365, 97-2, Apr. 20, 1982; S. Res. 380, 97-2, Apr. 27,
1982; S. Res. 6, 98-1, Jan. 3, 1983; S. Res. 20, 98-1, Jan.
27, 1983; S. Res. 53, 98-1, Feb. 3, 1983; S. Res. 338, 98-2,
Feb. 9, 1984; S. Res. 74, 99-1, Feb. 21, 1985; S. Res. 14,
100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12, 1987; S.
Res. 43, 101-1, Feb. 2, 1989; S. Res. 43, 102-1, Feb. 5,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 4, 103-1,
Jan. 7, 1993; S. Res. 130, 103-1, July 1, 1993; S. Res. 132,
103-1, July 15, 1993; S. Res. 14, 104-1, Jan. 5, 1995; S.
Res. 92, 104-1, Mar. 24, 1995; S. Res. 9, 105-1, Jan. 9,
1997; HELP/Judiciary reversed by S. Res. 299, 106-2, Apr.
27, 2000; S. Res. 354, 106-2, Sept. 12, 2000.
---------------------------------------------------------------------------
Committee:
Members
Agriculture, Nutrition, and Forestry.......... 20
Appropriations................................ 28
Armed Services................................ 18
Banking, Housing, and Urban Affairs........... 22
Commerce, Science, and Transportation......... 20
Energy and Natural Resources.................. 20
Environment and Public Works.................. 18
Finance....................................... 20
Foreign Relations............................. 18
Health, Education, Labor, and Pensions........ 18
Homeland Security and Governmental Affairs.... 16
Judiciary..................................... 18
25.3a 3. (a)\21\ Except as otherwise provided by paragraph 4
of this rule, each of the following standing committees
shall consist of the number of Senators set forth in the
following
[[Page 38]]
table on the line on which the name of that committee
appears:
---------------------------------------------------------------------------
\21\As amended by S. Res. 13, 97-1, Jan. 5, 1981; S.
Res. 101, 97-1, Mar. 25, 1981; S. Res. 6, 98-1, Jan 3, 1983;
S. Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 211, 100-1, May 12, 1987; S. Res. 43, 101-1,
Feb. 2, 1989; S. Res. 85, 102-1, Mar. 19, 1991; S. Res. 135,
102-1, June 4, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S.
Res. 130, 103-1, July 1, 1993; S. Res. 34, 104-1, Jan. 6,
1995; S. Res. 9, 105-1, Jan. 9, 1997; S. Res. 354, 106-2,
Sept. 12, 2000; S. Res. 123, 107-1, June 29, 2001.
---------------------------------------------------------------------------
Committee:
Members
Budget........................................ 22
Rules and Administration...................... 16
Veterans' Affairs............................. 14
Small Business and Entrepreneurship........... 18
25.3b (b)\22\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\22\As amended by S. Res. 13, 97-1, Jan. 5, 1981; S.
Res. 24, 97-1, Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25,
1981; S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 85, 102-1,
Mar. 19, 1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18,
103-1, Jan. 21, 1993; S. Res. 34, 104-1, Jan. 6, 1995; S.
Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:\23\
Members
Aging......................................... 18
Intelligence.................................. 19
Joint Economic Committee...................... 10
---------------------------------------------------------------------------
\23\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the
Select Committee on Intelligence shall be treated as a
committee listed under paragraph 2 of rule XXV of the
Standing Rules of the Senate for purposes of the Standing
Rules of the Senate. However, the resolution did not amend
the Standing Rules of the Senate.
---------------------------------------------------------------------------
25.3c (c)\24\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\24\As amended by S. Res. 448, 96-2, Dec. 11, 1980; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 100, 101-1, Apr. 11, 1989; S. Res. 44, 102-1,
Feb. 5, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S. Res. 34,
104-1, Jan. 6, 1995; S. Res. 92, 104-1, Mar. 24, 1995; S.
Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Ethics........................................ 6
Indian Affairs................................ 14
Joint Committee on Taxation................... 5
25.4a 4. (a) Except as otherwise provided by this paragraph--
(1) each Senator shall serve on two and no more
committees listed in paragraph 2; and
(2) each Senator may serve on only one committee
listed in paragraph 3 (a) or (b).
25.4b (b)(1) Each Senator may serve on not more than three
subcommittees of each committee (other than the Committee on
Appropriations) listed in paragraph 2 of which he is a
member.
[[Page 39]]
(2) Each Senator may serve on not more than two
subcommittees of a committee listed in paragraph 3 (a) or
(b) of which he is a member.
(3) Notwithstanding subparagraphs (1) and (2), a Senator
serving as chairman or ranking minority member of a
standing, select, or special committee of the Senate or
joint committee of the Congress may serve ex officio,
without vote, as a member of any subcommittee of such
committee or joint committee.
(4) No committee of the Senate may establish any sub-
unit of that committee other than a subcommittee, unless the
Senate by resolution has given permission therefor. For
purposes of this subparagraph, any subunit of a joint
committee shall be treated as a subcommittee.
25.4c (c) By agreement entered into by the majority leader and
the minority leader, the membership of one or more standing
committees may be increased temporarily from time to time by
such number or numbers as may be required to accord to the
majority party a majority of the membership of all standing
committees. When any such temporary increase is necessary to
accord to the majority party a majority of the membership of
all standing committees, members of the majority party in
such number as may be required for that purpose may serve as
members of three standing committees listed in paragraph 2.
No such temporary increase in the membership of any standing
committee under this subparagraph shall be continued in
effect after the need therefor has ended. No standing
committee may be increased in membership under this
subparagraph by more than two members in excess of the
number prescribed for that committee by paragraph 2 or 3(a).
25.4d (d) A Senator may serve as a member of any joint
committee of the Congress the Senate members of which are
required by law to be appointed from a standing committee of
the Senate of which he is a member, and service as a member
of any such joint committee shall not be taken into account
for purposes of subparagraph (a)(2).
25.4e (e)(1) No Senator shall serve at any time as chairman of
more than one standing, select, or special committee of the
Senate or joint committee of the Congress, except that a
Senator may serve as chairman of any joint committee of the
Congress having jurisdiction with respect to a subject
matter which is directly related to the jurisdiction of a
standing committee of which he is chairman.
[[Page 40]]
(2) No Senator shall serve at any time as chairman of
more than one subcommittee of each standing, select, or
special committee of the Senate or joint committee of the
Congress of which he is a member.
(3) A Senator who is serving as the chairman of a
committee listed in paragraph 2 may serve at any time as the
chairman of only one subcommittee of all committees listed
in paragraph 2 of which he is a member and may serve at any
time as the chairman of only one subcommittee of each
committee listed in paragraph 3 (a) or (b) of which he is a
member. A Senator who is serving as the chairman of a
committee listed in paragraph 3 (a) or (b) may not serve as
the chairman of any subcommittee of that committee, and may
serve at any time as the chairman of only one subcommittee
of each committee listed in paragraph 2 of which he is a
member. Any other Senator may serve as the chairman of only
one subcommittee of each committee listed in paragraph 2,
3(a), or 3(b) of which he is a member.
25.4f (f) A Senator serving on the Committee on Rules and
Administration may not serve on any joint committee of the
Congress unless the Senate members thereof are required by
law to be appointed from the Committee on Rules and
Administration, or unless such Senator served on the
Committee on Rules and Administration and the Joint
Committee on Taxation on the last day of the Ninety-eighth
Congress.\25\
---------------------------------------------------------------------------
\25\As amended by S. Res. 76, 99-1, Feb. 21, 1985.
---------------------------------------------------------------------------
25.4g (g) A Senator who on the day preceding the effective
date of Title I of the Committee System Reorganization
Amendments of 1977 was serving as the chairman or ranking
minority member of the Committee on the District of Columbia
or the Committee on Post Office and Civil Service may serve
on the Committee on Governmental Affairs in addition to
serving on two other standing committees listed in paragraph
2. At the request of any such Senator, he shall be appointed
to serve on such committee but, while serving on such
committee and two other standing committees listed in
paragraph 2, he may not serve on any committee listed in
paragraph 3 (a) or (b) other than the Committee on Rules and
Administration. The preceding provisions of this
subparagraph shall apply with respect to any Senator only so
long as his service as a member of the Committee on
Governmental Affairs is continuous after the
[[Page 41]]
date on which the appointment of the majority and minority
members of the Committee on Governmental Affairs is
initially completed.\26\
---------------------------------------------------------------------------
\26\As amended by S. Res. 12, 97-1, Jan. 5, 1981;
Subparagraph (h), omitted here, pertains to committee
service of Senators during the 103rd Congress. Provisions
for the 104th Congress were established by S. Res. 13 and
17, Jan. 4, 1995, and S. Res. 27 and 29, Jan. 5, 1995. In
subsequent Congresses, committee assignments made
notwithstanding Rule XXV.
---------------------------------------------------------------------------
* * * * * * *
26 RULE XXVI
COMMITTEE PROCEDURE
26.1 1.\27\ Each standing committee, including any
subcommittee of any such committee, is authorized to hold
such hearings, to sit and act at such times and places
during the sessions, recesses, and adjourned periods of the
Senate, to require by subpoena or otherwise the attendance
of such witnesses and the production of such correspondence,
books, papers, and documents, to take such testimony and to
make such expenditures out of the contingent fund of the
Senate as may be authorized by resolutions of the Senate.
Each such committee may make investigations into any matter
within its jurisdiction, may report such hearings as may be
had by it, and may employ stenographic assistance at a cost
not exceeding the amount prescribed by the Committee on
Rules and Administration.\28\ The expenses of the committee
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman.
---------------------------------------------------------------------------
\27\As amended by S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
\28\Pursuant to 2 U.S.C. 4331, the Committee on Rules
and Administration issues ``Regulations Governing Rates
Payable to Commercial Reporting Firms for Reporting
Committee Hearings in the Senate.''
---------------------------------------------------------------------------
26.2 2.\29\ Each committee\30\ shall adopt rules (not
inconsistent with the Rules of the Senate) governing the
procedure of such committee. The rules of each committee
shall be published in the Congressional Record not later
than March 1 of the first year of each Congress, except that
if any such committee is established on or after February 1
of a year, the rules of that committee during the year of
establishment shall be published in the Congressional Record
not later than sixty days after such establishment. Any
amendment to the rules of a committee shall not take effect
[[Page 42]]
until the amendment is published in the Congressional
Record.
---------------------------------------------------------------------------
\29\As amended by S. Res. 250, 101-2, Mar. 1, 1990.
\30\The term ``each committee'' when used in these rules
includes standing, select, and special committees unless
otherwise specified.
---------------------------------------------------------------------------
26.3 3. Each standing committee (except the Committee on
Appropriations) shall fix regular weekly, biweekly, or
monthly meeting days for the transaction of business before
the committee and additional meetings may be called by the
chairman as he may deem necessary. If at least three members
of any such committee desire that a special meeting of the
committee be called by the chairman, those members may file
in the offices of the committee their written request to the
chairman for that special meeting. Immediately upon the
filing of the request, the clerk of the committee shall
notify the chairman of the filing of the request. If, within
three calendar days after the filing of the request, the
chairman does not call the requested special meeting, to be
held within seven calendar days after the filing of the
request, a majority of the members of the committee may file
in the offices of the committee their written notice that a
special meeting of the committee will be held, specifying
the date and hour of that special meeting. The committee
shall meet on that date and hour. Immediately upon the
filing of the notice, the clerk of the committee shall
notify all members of the committee that such special
meeting will be held and inform them of its date and hour.
If the chairman of any such committee is not present at any
regular, additional, or special meeting of the committee,
the ranking member of the majority party on the committee
who is present shall preside at that meeting.
26.4a 4. (a) Each committee (except the Committee on
Appropriations and the Committee on the Budget) shall make
public announcement of the date, place, and subject matter
of any hearing to be conducted by the committee on any
measure or matter at least one week before the commencement
of that hearing unless the committee determines that there
is good cause to begin such hearing at an earlier date.
26.4b (b) Each committee (except the Committee on
Appropriations) shall require each witness who is to appear
before the committee in any hearing to file with the clerk
of the committee, at least one day before the date of the
appearance of that witness, a written statement of his
proposed testimony unless the committee chairman and the
ranking minority member determine that there is good cause
for noncompliance. If so requested by any committee, the
staff
[[Page 43]]
of the committee shall prepare for the use of the members of
the committee before each day of hearing before the
committee a digest of the statements which have been so
filed by witnesses who are to appear before the committee on
that day.
26.4c (c) After the conclusion of each day of hearing, if so
requested by any committee, the staff shall prepare for the
use of the members of the committee a summary of the
testimony given before the committee on that day. After
approval by the chairman and the ranking minority member of
the committee, each such summary may be printed as a part of
the committee hearings if such hearings are ordered by the
committee to be printed.
26.4d (d) Whenever any hearing is conducted by a committee
(except the Committee on Appropriations) upon any measure or
matter, the minority on the committee shall be entitled,
upon request made by a majority of the minority members to
the chairman before the completion of such hearing, to call
witnesses selected by the minority to testify with respect
to the measure or matter during at least one day of hearing
thereon.
26.5a 5. (a) Notwithstanding any other provision of the rules,
when the Senate is in session, no committee of the Senate or
any subcommittee thereof may meet, without special leave,
after the conclusion of the first two hours after the
meeting of the Senate commenced and in no case after two
o'clock postmeridian unless consent therefor has been
obtained from the majority leader and the minority leader
(or in the event of the absence of either of such leaders,
from his designee). The prohibition contained in the
preceding sentence shall not apply to the Committee on
Appropriations or the Committee on the Budget. The majority
leader or his designee shall announce to the Senate whenever
consent has been given under this subparagraph and shall
state the time and place of such meeting. The right to make
such announcement of consent shall have the same priority as
the filing of a cloture motion.
26.5b (b) Each meeting of a committee, or any subcommittee
thereof, including meetings to conduct hearings, shall be
open to the public, except that a meeting or series of
meetings by a committee or a subcommittee thereof on the
same subject for a period of no more than fourteen calendar
days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether
the matters enumerated in clauses (1) through (6) would
require
[[Page 44]]
the meeting to be closed, followed immediately by a record
vote in open session by a majority of the members of the
committee or subcommittee when it is determined that the
matters to be discussed or the testimony to be taken at such
meeting or meetings--
(1) will disclose matters necessary to be kept
secret in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
(2) will relate solely to matters of committee
staff personnel or internal staff management or
procedure;
(3) will tend to charge an individual with crime
or misconduct, to disgrace or injure the
professional standing of an individual, or otherwise
to expose an individual to public contempt or
obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer
or law enforcement agent or will disclose any
information relating to the investigation or
prosecution of a criminal offense that is required
to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the
trade secrets of financial or commercial information
pertaining specifically to a given person if--
(A) an Act of Congress requires the
information to be kept confidential by
Government officers and employees; or
(B) the information has been obtained by
the Government on a confidential basis,
other than through an application by such
person for a specific Government financial
or other benefit, and is required to be kept
secret in order to prevent undue injury to
the competitive position of such person; or
(6) may divulge matters required to be kept
confidential under other provisions of law or
Government regulations.
26.5c (c) Whenever any hearing conducted by any such committee
or subcommittee is open to the public, that hearing may be
broadcast by radio or television, or both, under such rules
as the committee or subcommittee may adopt.
26.5d (d) Whenever disorder arises during a committee meeting
that is open to the public, or any demonstration of approval
or disapproval is indulged in by any person in attendance at
any such meeting, it shall be the duty of the Chair to
[[Page 45]]
enforce order on his own initiative and without any point of
order being made by a Senator. When the Chair finds it
necessary to maintain order, he shall have the power to
clear the room, and the committee may act in closed session
for so long as there is doubt of the assurance of order.
26.5e (e)(1)\31\ Each committee shall prepare and keep a
complete transcript or electronic recording adequate to
fully record the proceeding of each meeting or conference
whether or not such meeting or any part thereof is closed
under this paragraph, unless a majority of its members vote
to forgo such a record.
---------------------------------------------------------------------------
\31\Subparagraph (e)(1) numbered by Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
(2)(A)\32\ Except with respect to meetings closed in
accordance with this rule, each committee and subcommittee
shall make publicly available through the Internet a video
recording, audio recording, or transcript of any meeting not
later than 21 business days after the meeting occurs.
---------------------------------------------------------------------------
\32\ Clause (2) added by Pub. L. 110-81, Sep. 14, 2007,
effective Dec. 13, 2007.
---------------------------------------------------------------------------
(B) Information required by subclause (A) shall be
available until the end of the Congress following the date
of the meeting.
(C) The Committee on Rules and Administration may waive
this clause upon request based on the inability of a
committee or subcommittee to comply with this clause due to
technical or logistical reasons.
26.6 6. Morning meetings of committees and subcommittees
thereof shall be scheduled for one or both of the periods
prescribed in this paragraph. The first period shall end at
eleven o'clock antemeridian. The second period shall begin
at eleven o'clock antemeridian and end at two o'clock
postmeridian.
26.7a 7. (a)(1) Except as provided in this paragraph, each
committee, and each subcommittee thereof is authorized to
fix the number of its members (but not less than one-third
of its entire membership) who shall constitute a quorum
thereof for the transaction of such business as may be
considered by said committee, except that no measure or
matter or recommendation shall be reported from any
committee unless a majority of the committee were physically
present.
(2) Each such committee, or subcommittee, is authorized
to fix a lesser number than one-third of its entire member
[[Page 46]]
ship who shall constitute a quorum thereof for the purpose
of taking sworn testimony.
(3) The vote of any committee to report a measure or
matter shall require the concurrence of a majority of the
members of the committee who are present. No vote of any
member of any committee to report a measure or matter may be
cast by proxy if rules adopted by such committee forbid the
casting of votes for that purpose by proxy; however, proxies
may not be voted when the absent committee member has not
been informed of the matter on which he is being recorded
and has not affirmatively requested that he be so recorded.
Action by any committee in reporting any measure or matter
in accordance with the requirements of this subparagraph
shall constitute the ratification by the committee of all
action theretofore taken by the committee with respect to
that measure or matter, including votes taken upon the
measure or matter or any amendment thereto, and no point of
order shall lie with respect to that measure or matter on
the ground that such previous action with respect thereto by
such committee was not taken in compliance with such
requirements.
26.7b (b) Each committee (except the Committee on
Appropriations) shall keep a complete record of all
committee action. Such record shall include a record of the
votes on any question on which a record vote is demanded.
The results of rollcall votes taken in any meeting of any
committee upon any measure, or any amendment thereto, shall
be announced in the committee report on that measure unless
previously announced by the committee, and such announcement
shall include a tabulation of the votes cast in favor of and
the votes cast in opposition to each such measure and
amendment by each member of the committee who was present at
that meeting.
26.7c (c) Whenever any committee by rollcall vote reports any
measure or matter, the report of the committee upon such
measure or matter shall include a tabulation of the votes
cast by each member of the committee in favor of and in
opposition to such measure or matter. Nothing contained in
this subparagraph shall abrogate the power of any committee
to adopt rules--
(1) providing for proxy voting on all matters
other than the reporting of a measure or matter, or
(2) providing in accordance with subparagraph
(a) for a lesser number as a quorum for any action
other than the reporting of a measure or matter.
[[Page 47]]
26.8a 8. (a) In order to assist the Senate in--
(1) its analysis, appraisal, and evaluation of
the application, administration, and execution of
the laws enacted by the Congress, and
(2) its formulation, consideration, and
enactment of such modifications of or changes in
those laws, and of such additional legislation, as
may be necessary or appropriate, each standing
committee (except the Committees on Appropriations
and the Budget), shall review and study, on a
continuing basis the application, administration,
and execution of those laws, or parts of laws, the
subject matter of which is within the legislative
jurisdiction of that committee. Such committees may
carry out the required analysis, appraisal, and
evaluation themselves, or by contract, or may
require a government agency to do so and furnish a
report thereon to the Senate. Such committees may
rely on such techniques as pilot testing, analysis
of costs in comparison with benefits, or provision
for evaluation after a defined period of time.
26.8b (b) In each odd-numbered year, each such committee shall
submit, not later than March 31, to the Senate, a report on
the activities of that committee under this paragraph during
the Congress ending at noon on January 3 of such year.
26.9a 9.\33\ (a) Except as provided in subparagraph (b), each
committee shall report one authorization resolution each
year authorizing the committee to make expenditures out of
the contingent fund of the Senate to defray its expenses,
including the compensation of members of its staff and
agency contributions related to such compensation, during
the period beginning on March 1 of such year and ending on
the last day of February of the following year. Such annual
authorization resolution shall be reported not later than
January 31 of each year, except that, whenever the
designation of members of standing committees of the Senate
occurs during the first session of a Congress at a date
later than January 20, such resolution may be reported at
any time within thirty days after the date on which the
designation of such members is completed. After the annual
authorization resolution of a committee for a year has been
agreed to, such committee may procure authorization to make
additional expenditures out of the contingent
[[Page 48]]
fund of the Senate during that year only by reporting a
supplemental authorization resolution. Each supplemental
authorization resolution reported by a committee shall amend
the annual authorization resolution of such committee for
that year and shall be accompanied by a report specifying
with particularity the purpose for which such authorization
is sought and the reason why such authorization could not
have been sought at the time of the submission by such
committee of its annual authorization resolution for that
year.
---------------------------------------------------------------------------
\33\As amended by S. Res. 281, 96-2, Mar. 11, 1980,
effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
---------------------------------------------------------------------------
26.9b (b) In lieu of the procedure provided in subparagraph
(a), the Committee on Rules and Administration may--
(1) direct each committee to report an
authorization resolution for a two year budget
period beginning on March 1 of the first session of
a Congress; and
(2) report one authorization resolution
containing more than one committee authorization for
a one year or two year budget period.
26.10a 10. (a) All committee hearings, records, data, charts,
and files shall be kept separate and distinct from the
congressional office records of the Member serving as
chairman of the committee; and such records shall be the
property of the Senate and all members of the committee and
the Senate shall have access to such records. Each committee
is authorized to have printed and bound such testimony and
other data presented at hearings held by the committee.
26.10b (b) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
Senate any measure approved by his committee and to take or
cause to be taken necessary steps to bring the matter to a
vote. In any event, the report of any committee upon a
measure which has been approved by the committee shall be
filed within seven calendar days (exclusive of days on which
the Senate is not in session) after the day on which there
has been filed with the clerk of the committee a written and
signed request of a majority of the committee for the
reporting of that measure. Upon the filing of any such
request, the clerk of the committee shall transmit
immediately to the chairman of the committee notice of the
filing of that request. This subparagraph does not apply to
the Committee on Appropriations.
26.10c (c) If at the time of approval of a measure or matter by
any committee (except for the Committee on Appropriations),
any member of the committee gives notice of inten
[[Page 49]]
tion to file supplemental, minority, or additional views,
that member shall be entitled to not less than three
calendar days in which to file such views, in writing, with
the clerk of the committee. All such views so filed by one
or more members of the committee shall be included within,
and shall be a part of, the report filed by the committee
with respect to that measure or matter. The report of the
committee upon that measure or matter shall be printed in a
single volume which--
(1) shall include all supplemental, minority, or
additional views which have been submitted by the
time of the filing of the report, and
(2) shall bear upon its cover a recital that
supplemental, minority, or additional views are
included as part of the report.
This subparagraph does not preclude--
(A) the immediate filing and printing of a
committee report unless timely request for the
opportunity to file supplemental, minority, or
additional views has been made as provided by this
subparagraph; or
(B) the filing by any such committee of any
supplemental report upon any measure or matter which
may be required for the correction of any technical
error in a previous report made by that committee
upon that measure or matter.
26.11a 11. (a) The report accompanying each bill or joint
resolution of a public character reported by any committee
(except the Committee on Appropriations and the Committee on
the Budget) shall contain--
(1) an estimate, made by such committee, of the
costs which would be incurred in carrying out such
bill or joint resolution in the fiscal year in which
it is reported and in each of the five fiscal years
following such fiscal year (or for the authorized
duration of any program authorized by such bill or
joint resolution, if less than five years), except
that, in the case of measures affecting the
revenues, such reports shall require only an
estimate of the gain or loss in revenues for a one-
year period; and
(2) a comparison of the estimate of costs
described in subparagraph (1) made by such committee
with any estimate of costs made by any Federal
agency; or
[[Page 50]]
(3) in lieu of such estimate or comparison, or
both, a statement of the reasons why compliance by
the committee with the requirements of subparagraph
(1) or (2), or both, is impracticable.
---------------------------------------------------------------------------
Note.--Each report accompanying any bill or joint
resolution relating to terms and conditions of employment or
access to public services or accommodations reported by a
committee of the House of Representatives or the Senate
shall describe the manner in which the provisions of the
bill or joint resolution apply to the legislative branch; or
in the case of a provision not applicable to the legislative
branch, include a statement of the reasons the provision
does not apply.
Pub. L. 104-1, Title I, Sec. 102, Jan. 23, 1995, 2 U.S.C.
1302.
---------------------------------------------------------------------------
26.11b (b) Each such report (except those by the Committee on
Appropriations) shall also contain--
(1) an evaluation, made by such committee, of
the regulatory impact which would be incurred in
carrying out the bill or joint resolution. The
evaluation shall include (A) an estimate of the
numbers of individuals and businesses who would be
regulated and a determination of the groups and
classes of such individuals and businesses, (B) a
determination of the economic impact of such
regulation on the individuals, consumers, and
businesses affected, (C) a determination of the
impact on the personal privacy of the individuals
affected, and (D) a determination of the amount of
additional paperwork that will result from the
regulations to be promulgated pursuant to the bill
or joint resolution, which determination may
include, but need not be limited to, estimates of
the amount of time and financial costs required of
affected parties, showing whether the effects of the
bill or joint resolution could be substantial, as
well as reasonable estimates of the recordkeeping
requirements that may be associated with the bill or
joint resolution; or
(2) in lieu of such evaluation, a statement of
the reasons why compliance by the committee with the
requirements of clause (1) is impracticable.
26.11c (c) It shall not be in order for the Senate to consider
any such bill or joint resolution if the report of the
committee on such bill or joint resolution does not comply
with the provisions of subparagraphs (a) and (b) on the
objection of any Senator.
26.12 12. Whenever a committee reports a bill or a joint
resolution repealing or amending any statute or part thereof
it shall make a report thereon and shall include in such
report or in an accompanying document (to be prepared by
[[Page 51]]
the staff of such committee) (a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in
the form recommended by the committee. This paragraph shall
not apply to any such report in which it is stated that, in
the opinion of the committee, it is necessary to dispense
with the requirements of this subsection to expedite the
business of the Senate.
26.13a 13. (a) Each committee (except the Committee on
Appropriations) which has legislative jurisdiction shall, in
its consideration of all bills and joint resolutions of a
public character within its jurisdiction, endeavor to insure
that--
(1) all continuing programs of the Federal
Government and of the government of the District of
Columbia, within the jurisdiction of such committee
or joint committee, are designed; and
(2) all continuing activities of Federal
agencies, within the jurisdiction of such committee
or joint committee, are carried on; so that, to the
extent consistent with the nature, requirements, and
objectives of those programs and activities,
appropriations therefor will be made annually.
26.13b (b) Each committee (except the Committee on
Appropriations) shall with respect to any continuing program
within its jurisdiction for which appropriations are not
made annually, review such program, from time to time, in
order to ascertain whether such program could be modified so
that appropriations therefor would be made annually.
27 RULE XXVII
COMMITTEE STAFF
27.1 1.\34\ Staff members appointed to assist minority
members of committees pursuant to authority of a resolution
described in paragraph 9 of rule XXVI or other Senate
resolution shall be accorded equitable treatment with
respect to
[[Page 52]]
the fixing of salary rates, the assignment of facilities,
and the accessibility of committee records.
---------------------------------------------------------------------------
\34\Paragraph 1 of rule XXVII was repealed by S. Res.
281, 96-2, Mar. 11, 1980, effective Feb. 28, 1981.
Accordingly, subparagraphs (a), (b), (c), and (d) of
paragraph 2 were renumbered as paragraphs 1, 2, 3, and 4,
respectively.
---------------------------------------------------------------------------
27.2 2. The minority shall receive fair consideration in the
appointment of staff personnel pursuant to authority of a
resolution described in paragraph 9 of rule XXVI.
27.3 3. The staffs of committees (including personnel
appointed pursuant to authority of a resolution described in
paragraph 9 of rule XXVI or other Senate resolution) should
reflect the relative number of majority and minority members
of committees. A majority of the minority members of any
committee may, by resolution, request that at least one-
third of all funds of the committee for personnel (other
than those funds determined by the chairman and ranking
minority member to be allocated for the administrative and
clerical functions of the committee as a whole) be allocated
to the minority members of such committee for compensation
of minority staff as the minority members may decide. The
committee shall thereafter adjust its budget to comply with
such resolution. Such adjustment shall be equitably made
over a four-year period, commencing July 1, 1977, with not
less than one-half being made in two years. Upon request by
a majority of the minority members of any committee by
resolution, proportionate space, equipment, and facilities
shall be provided for such minority staff.
27.4 4. No committee shall appoint to its staff any experts
or other personnel detailed or assigned from any department
or agency of the Government, except with the written
permission of the Committee on Rules and Administration.
28 RULE XXVIII
CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS
28.1 1.\35\ The presentation of reports of committees of
conference shall always be in order when available on each
Senator's desk except when the Journal is being read or a
question of order or a motion to adjourn is pending, or
while the Senate is voting or ascertaining the presence of a
quorum; and when received the question of proceeding to the
consideration of the report, if raised, shall be immediately
put, and shall be determined without debate.
---------------------------------------------------------------------------
\35\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
[[Page 53]]
28.2a 2.\36\ (a) When a message from the House of
Representatives is laid before the Senate, it shall be in
order for a single, non-divisible motion to be made that
includes--
---------------------------------------------------------------------------
\36\Paragraph 2 added by S. Res. 16, 113-1, Jan. 24,
2013.
---------------------------------------------------------------------------
(1) a motion to disagree to a House amendment
or insist upon a Senate amendment;
(2) a motion to request a committee of
conference with the House or to agree to a request
by the House for a committee of conference; and
(3) a motion to authorize the Presiding
Officer to appoint conferees (or a motion to appoint
conferees).
28.2b (b) If a cloture motion is presented on a motion made
pursuant to subparagraph (a), the motion shall be debatable
for no more than 2 hours, equally divided in the usual form,
after which the Presiding Officer, or the clerk at the
direction of the Presiding Officer, shall lay the motion
before the Senate. If cloture is then invoked on the motion,
the question shall be on the motion, without further debate.
28.3a 3. (a)\37\ Conferees shall not insert in their report
matter not committed to them by either House, nor shall they
strike from the bill matter agreed to by both Houses.
---------------------------------------------------------------------------
\37\Paragraphs 3 and 4 amended by Pub. L. 110-81, Sep.
14, 2007, and paragraphs 5 and 6 were added. Paragraphs 3
through 6 renumbered and amended by S. Res. 16, 113-1, Jan.
24, 2013.
---------------------------------------------------------------------------
28.3b (b) If matter which was agreed to by both Houses is
stricken from the bill a point of order may be made against
the report, and if the point of order is sustained, the
report is rejected or shall be recommitted to the committee
of conference if the House of Representatives has not
already acted thereon.
28.3c (c) If new matter is inserted in the report, a point of
order may be made against the conference report and it shall
be disposed of as provided under paragraph 5.
28.4a 4. (a) In any case in which a disagreement to an
amendment in the nature of a substitute has been referred to
conferees--
(1) it shall be in order for the conferees to
report a substitute on the same subject matter;
(2) the conferees may not include in the report
matter not committed to them by either House; and
(3) the conferees may include in their report in
any such case matter which is a germane modification
of subjects in disagreement.
28.4b (b) In any case in which the conferees violate
subparagraph (a), a point of order may be made against the
con
[[Page 54]]
ference report and it shall be disposed of as provided under
paragraph 5.
28.5a 5. (a) A Senator may raise a point of order that one or
more provisions of a conference report violates paragraph 3
or paragraph 4, as the case may be. The Presiding Officer
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of
order.
28.5b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) the Senate shall proceed to consider the
question of whether the Senate should recede from
its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference
report that has not been stricken;
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report; and
(3) no further amendment shall be in order.
28.6a 6. (a) Any Senator may move to waive any or all points
of order under paragraph 3 or 4 with respect to the pending
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
28.6b (b) All appeals from rulings of the Chair under
paragraph 5 shall be debatable collectively for not to
exceed 1 hour, equally divided between the Majority and the
Minority Leader or their designees. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under paragraph 5.
[[Page 55]]
28.7 7.\38\ Each report made by a committee of conference to
the Senate shall be printed as a report of the Senate. As so
printed, such report shall be accompanied by an explanatory
statement prepared jointly by the conferees on the part of
the House and the conferees on the part of the Senate. Such
statement shall be sufficiently detailed and explicit to
inform the Senate as to the effect which the amendments or
propositions contained in such report will have upon the
measure to which those amendments or propositions relate.
---------------------------------------------------------------------------
\38\Paragraphs 7 through 9 renumbered by Pub. L. 110-81,
Sep. 14, 2007, and paragraph 10 was added. Paragraphs 7
through 10 renumbered by S. Res. 16, 113-1, Jan. 24, 2013.
---------------------------------------------------------------------------
28.8 8. If time for debate in the consideration of any report
of a committee of conference upon the floor of the Senate is
limited, the time allotted for debate shall be equally
divided between the majority party and the minority party.
28.9 9. Each conference committee between the Senate and the
House of Representatives shall be open to the public except
when managers of either the Senate or the House of
Representatives in open session determine by a rollcall vote
of a majority of those managers present, that all or part of
the remainder of the meeting on the day of the vote shall be
closed to the public.
28.10a 10. (a)(1) It shall not be in order to vote on the
adoption of a report of a committee of conference unless
such report has been available to Members and to the general
public for at least 48 hours before such vote. If a point of
order is sustained under this paragraph, then the conference
report shall be set aside.
(2) For purposes of this paragraph, a report of a
committee of conference is made available to the general
public as of the time it is posted on a publicly accessible
website controlled by a Member, committee, Library of
Congress, or other office of Congress, or the Government
Printing Office, as reported to the Presiding Officer by the
Secretary of the Senate.
28.10b (b)(1) This paragraph may be waived in the Senate with
respect to the pending conference report by an affirmative
vote of three-fifths of the Members, duly chosen and sworn.
A motion to waive this paragraph shall be debatable for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees.
(2) An affirmative vote of three-fifths of the Members,
duly chosen and sworn, shall be required to sustain an
[[Page 56]]
appeal of the ruling of the Chair on a point of order raised
under this paragraph. An appeal of the ruling of the Chair
shall be debatable for not to exceed 1 hour equally divided
between the Majority and the Minority Leader or their
designees.
28.10c (c) This paragraph may be waived by joint agreement of
the Majority Leader and the Minority Leader of the Senate,
upon their certification that such waiver is necessary as a
result of a significant disruption to Senate facilities or
to the availability of the Internet.
29 RULE XXIX
EXECUTIVE SESSIONS
29.1 1. When the President of the United States shall meet
the Senate in the Senate Chamber for the consideration of
Executive business, he shall have a seat on the right of the
Presiding Officer. When the Senate shall be convened by the
President of the United States to any other place, the
Presiding Officer of the Senate and the Senators shall
attend at the place appointed, with the necessary officers
of the Senate.
29.2 2. When acting upon confidential or Executive business,
unless the same shall be considered in open Executive
session, the Senate Chamber shall be cleared of all persons
except the Secretary, the Assistant Secretary, the Principal
Legislative Clerk, the Parliamentarian, the Executive Clerk,
the Minute and Journal Clerk, the Sergeant at Arms, the
Secretaries to the Majority and the Minority, and such other
officers as the Presiding Officer shall think necessary; and
all such officers shall be sworn to secrecy.
29.3 3. All confidential communications made by the President
of the United States to the Senate shall be by the Senators
and the officers of the Senate kept secret; and all treaties
which may be laid before the Senate, and all remarks, votes,
and proceedings thereon shall also be kept secret, until the
Senate shall, by their resolution, take off the injunction
of secrecy.
29.4 4. Whenever the injunction of secrecy shall be removed
from any part of the proceedings of the Senate in closed
Executive or legislative session, the order of the Senate
removing the same shall be entered in the Legislative
Journal as well as in the Executive Journal, and shall be
published in the Congressional Record under the direction of
the Secretary of the Senate.
[[Page 57]]
29.5 5.\39\ Any Senator, officer or employee of the Senate
who shall disclose the secret or confidential business or
proceedings of the Senate, including the business and
proceedings of the committees, subcommittees and offices of
the Senate shall be liable, if a Senator, to suffer
expulsion from the body; and if an officer or employee, to
dismissal from the service of the Senate, and to punishment
for contempt.
---------------------------------------------------------------------------
\39\As amended by S. Res. 363, 102-2, Oct. 8, 1992.
---------------------------------------------------------------------------
29.6 6. Whenever, by the request of the Senate or any
committee thereof, any documents or papers shall be
communicated to the Senate by the President or the head of
any department relating to any matter pending in the Senate,
the proceedings in regard to which are secret or
confidential under the rules, said documents and papers
shall be considered as confidential, and shall not be
disclosed without leave of the Senate.
30 RULE XXX
EXECUTIVE SESSION--PROCEEDINGS ON TREATIES
30.1a 1. (a) When a treaty shall be laid before the Senate for
ratification, it shall be read a first time; and no motion
in respect to it shall be in order, except to refer it to a
committee, to print it in confidence for the use of the
Senate, or to remove the injunction of secrecy.
30.1b (b)\40\ When a treaty is reported from a committee with
or without amendment, it shall, unless the Senate
unanimously otherwise directs, lie over one day for
consideration; after which it may be read a second time,
after which amendments may be proposed. At any stage of such
proceedings the Senate may remove the injunction of secrecy
from the treaty.
---------------------------------------------------------------------------
\40\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
---------------------------------------------------------------------------
30.1c (c) The decisions thus made shall be reduced to the form
of a resolution of ratification, with or without amendments,
as the case may be, which shall be proposed on a subsequent
day, unless, by unanimous consent, the Senate determine
otherwise, at which stage no amendment to the treaty shall
be received unless by unanimous consent; but the resolution
of ratification when pending shall be open to amendment in
the form of reservations, declarations, statements, or
understandings.
30.1d (d) On the final question to advise and consent to the
ratification in the form agreed to, the concurrence of two-
[[Page 58]]
thirds of the Senators present shall be necessary to
determine it in the affirmative; but all other motions and
questions upon a treaty shall be decided by a majority vote,
except a motion to postpone indefinitely, which shall be
decided by a vote of two-thirds.
30.2 2. Treaties transmitted by the President to the Senate
for ratification shall be resumed at the second or any
subsequent session of the same Congress at the stage in
which they were left at the final adjournment of the session
at which they were transmitted; but all proceedings on
treaties shall terminate with the Congress, and they shall
be resumed at the commencement of the next Congress as if no
proceedings had previously been had thereon.
31 RULE XXXI
EXECUTIVE SESSION--PROCEEDINGS ON NOMINATIONS
31.1 1. When nominations shall be made by the President of
the United States to the Senate, they shall, unless
otherwise ordered, be referred to appropriate committees;
and the final question on every nomination shall be, ``Will
the Senate advise and consent to this nomination?'' which
question shall not be put on the same day on which the
nomination is received, nor on the day on which it may be
reported by a committee, unless by unanimous consent.
31.2 2. All business in the Senate shall be transacted in
open session, unless the Senate as provided in rule XXI by a
majority vote shall determine that a particular nomination,
treaty, or other matter shall be considered in closed
executive session, in which case all subsequent proceedings
with respect to said nomination, treaty, or other matter
shall be kept secret: Provided, That the injunction of
secrecy as to the whole or any part of proceedings in closed
executive session may be removed on motion adopted by a
majority vote of the Senate in closed executive session:
Provided further, That any Senator may make public his vote
in closed executive session.
31.3 3. When a nomination is confirmed or rejected, any
Senator voting in the majority may move for a
reconsideration on the same day on which the vote was taken,
or on either of the next two days of actual executive
session of the Senate; but if a notification of the
confirmation or rejection of a nomination shall have been
sent to the President before the expiration of the time
within which a motion to reconsider may be made, the motion
to reconsider shall
[[Page 59]]
be accompanied by a motion to request the President to
return such notification to the Senate. Any motion to
reconsider the vote on a nomination may be laid on the table
without prejudice to the nomination, and shall be a final
disposition of such motion.
31.4 4. Nominations confirmed or rejected by the Senate shall
not be returned by the Secretary to the President until the
expiration of the time limited for making a motion to
reconsider the same, or while a motion to reconsider is
pending unless otherwise ordered by the Senate.
31.5 5. When the Senate shall adjourn or take a recess for
more than thirty days, all motions to reconsider a vote upon
a nomination which has been confirmed or rejected by the
Senate, which shall be pending at the time of taking such
adjournment or recess, shall fall; and the Secretary shall
return all such nominations to the President as confirmed or
rejected by the Senate, as the case may be.
31.6 6. Nominations neither confirmed nor rejected during the
session at which they are made shall not be acted upon at
any succeeding session without being again made to the
Senate by the President; and if the Senate shall adjourn or
take a recess for more than thirty days, all nominations
pending and not finally acted upon at the time of taking
such adjournment or recess shall be returned by the
Secretary to the President, and shall not again be
considered unless they shall again be made to the Senate by
the President.
31.7a 7. (a) The Official Reporters shall be furnished with a
list of nominations to office after the proceedings of the
day on which they are received, and a like list of all
confirmations and rejections.
31.7b (b) All nominations to office shall be prepared for the
printer by the Official Reporter, and printed in the
Congressional Record, after the proceedings of the day in
which they are received, also nominations recalled, and
confirmed.
31.7c (c) The Secretary shall furnish to the press, and to the
public upon request, the names of nominees confirmed or
rejected on the day on which a final vote shall be had,
except when otherwise ordered by the Senate.
[[Page 60]]
32 RULE XXXII
THE PRESIDENT FURNISHED WITH COPIES OF RECORDS OF EXECUTIVE
SESSIONS
The President of the United States shall, from time to
time, be furnished with an authenticated transcript of the
public executive records of the Senate, but no further
extract from the Executive Journal shall be furnished by the
Secretary, except by special order of the Senate; and no
paper, except original treaties transmitted to the Senate by
the President of the United States, and finally acted upon
by the Senate, shall be delivered from the office of the
Secretary without an order of the Senate for that purpose.
33 RULE XXXIII
SENATE CHAMBER--SENATE WING OF THE CAPITOL
33.1 1. The Senate Chamber shall not be granted for any other
purpose than for the use of the Senate; no smoking shall be
permitted at any time on the floor of the Senate, or lighted
cigars, cigarettes, or pipes be brought into the Chamber.
33.2 2. It shall be the duty of the Committee on Rules and
Administration to make all rules and regulations respecting
such parts of the Capitol, its passages and galleries,
including the restaurant and the Senate Office Buildings, as
are or may be set apart for the use of the Senate and its
officers, to be enforced under the direction of the
Presiding Officer. The Committee shall make such regulations
respecting the reporters' galleries of the Senate, together
with the adjoining rooms and facilities, as will confine
their occupancy and use to bona fide reporters of newspapers
and periodicals, and of news or press associations for daily
news dissemination through radio, television, wires, and
cables, and similar media of transmission. These regulations
shall so provide for the use of such space and facilities as
fairly to distribute their use to all such media of news
dissemination.
34 RULE XXXIV
PUBLIC FINANCIAL DISCLOSURE
34.1 1. For purposes of this rule, the provisions of Title I
of the Ethics in Government Act of 1978 shall be deemed to
[[Page 61]]
be a rule of the Senate as it pertains to Members, officers,
and employees of the Senate.
---------------------------------------------------------------------------
Note.--Financial disclosure requirements contained in
the Ethics in Government Act of 1978 as amended are codified
at 5 U.S.C. app. Sec. 101--111.
---------------------------------------------------------------------------
34.2a 2. (a)\41\ The Select Committee on Ethics shall transmit
a copy of each report filed with it under Title I of the
Ethics in Government Act of 1978 (other than a report filed
by a Member of Congress) to the head of the employing office
of the individual filing the report.
---------------------------------------------------------------------------
\41\Paragraph 2 added by S. Res. 236, 101-2, Jan. 30,
1990.
---------------------------------------------------------------------------
34.2b (b) For purposes of this rule, the head of the employing
office shall be--
(1) in the case of an employee of a Member, the
Member by whom that person is employed;
(2) in the case of an employee of a Committee,
the chairman and ranking minority member of such
Committee;
(3) in the case of an employee on the leadership
staff, the Member of the leadership on whose staff
such person serves; and
(4) in the case of any other employee of the
legislative branch, the head of the office in which
such individual serves.
34.3 3.\42\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1\43\ the following
additional information:
---------------------------------------------------------------------------
\42\Paragraphs 3 and 4 added by S. Res. 158, 104-1, July
28, 1995, effective Jan. 1, 1996, as amended by S. Res. 198,
104-1, Dec. 7, 1995.
\43\Renumbered by S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
34.3a
(a) For purposes of section 102(a)(1)(B) of the
Ethics in Government Act of 1978 additional
categories of income as follows:
(1) greater than $1,000,000 but not more
than $5,000,000, or
(2) greater than $5,000,000.
34.3b
(b) For purposes of section 102(d)(1) of the
Ethics in Government Act of 1978 additional
categories of value\44\ as follows:
---------------------------------------------------------------------------
\44\Amended to strike ``income'' and insert ``value'' by
S. Res. 198; 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(1) greater than $1,000,000 but not more
than $5,000,000;
(2) greater than $5,000,000 but not more
than $25,000,000;
[[Page 62]]
(3) greater than $25,000,000 but not
more than $50,000,000; and
(4) greater than $50,000,000.
34.3c
(c) For purposes of this paragraph and section
102 of the Ethics in Government Act of 1978,
additional categories with amounts or values greater
than $1,000,000 set forth in section 102(a)(1)(B)
and 102(d)(1) shall apply to the income, assets, or
liabilities of spouses and dependent children only
if the income, assets, or liabilities are held
jointly with the reporting individual. All other
income, assets, or liabilities of the spouse or
dependent children required to be reported under
section 102 and this paragraph in an amount of value
greater than $1,000,000 shall be categorized only as
an amount or value greater than $1,000,000.
34.4 4.\45\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1\46\ an additional
statement under section 102(a) of the Ethics in Government
Act of 1978 listing the category of the total cash value of
any interest of the reporting individual in a qualified
blind trust as provided in section 102(d)(1) of the Ethics
in Government Act of 1978, unless the trust instrument was
executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash
value of any interest in the qualified blind trust.
---------------------------------------------------------------------------
\45\Effective with respect to reports filed under Title
I of the Ethics in Government Act of 1978 for calendar year
1996 and thereafter.
\46\Renumbered by S. Res. 198, 104-1, Dec. 7, 1995.
35 RULE XXXV
GIFTS\47\
---------------------------------------------------------------------------
\47\Amended by S. Res. 158, 104-1, July 28, 1995,
effective Jan. 1, 1996.
---------------------------------------------------------------------------
35.1a 1. (a)(1) No Member, officer, or employee of the Senate
shall knowingly accept a gift except as provided in this
rule.
(2)(A)\48\ A Member, officer, or employee may accept a
gift (other than cash or cash equivalent) which the Member,
officer, or employee reasonably and in good faith believes
to have a value of less than $50, and a cumulative value
from one source during a calendar year of less than $100. No
gift with a value below $10 shall count toward
[[Page 63]]
the $100 annual limit. No formal recordkeeping is required
by this paragraph, but a Member, officer, or employee shall
make a good faith effort to comply with this paragraph.
---------------------------------------------------------------------------
\48\Subclause (A) relettered and subclause (B) added by
Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
(B) A Member, officer, or employee may not knowingly
accept a gift from a registered lobbyist, an agent of a
foreign principal, or a private entity that retains or
employs a registered lobbyist or an agent of a foreign
principal, except as provided in subparagraphs (c) and (d).
35.1b (b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having
monetary value. The term includes gifts of services,
training, transportation, lodging, and meals, whether
provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been
incurred.
(2)(A) A gift to a family member of a Member, officer,
or employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time
and place to both a Member, officer, or employee and the
spouse or dependent thereof, only the food or refreshment
provided to the Member, officer, or employee shall be
treated as a gift for purposes of this rule.
35.1c (c) The restrictions in subparagraph (a) shall not apply
to the following:
(1)(A)\49\ Anything for which the Member,
officer, or employee pays the market value, or does
not use and promptly returns to the donor.
---------------------------------------------------------------------------
\49\Subclause (A) relettered and subclause (B) added by
Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
(B) The market value of a ticket to an
entertainment or sporting event shall be the face
value of the ticket or, in the case of a ticket
without a face value, the value of the ticket with
the highest face value for the event, except that if
a ticket holder can establish in advance of the
event to the Select Committee on Ethics that the
ticket at issue is equivalent to another ticket with
a face value, then the
[[Page 64]]
market value shall be set at the face value of the
equivalent ticket. In establishing equivalency, the
ticket holder shall provide written and
independently verifiable information related to the
primary features of the ticket, including, at a
minimum, the seat location, access to parking,
availability of food and refreshments, and access to
venue areas not open to the public. The Select
Committee on Ethics may make a determination of
equivalency only if such information is provided in
advance of the event.
(C)(i)\50\ Fair market value for a flight on an
aircraft described in item (ii) shall be the pro
rata share of the fair market value of the normal
and usual charter fare or rental charge for a
comparable plane of comparable size, as determined
by dividing such cost by the number of Members,
officers, or employees of Congress on the flight.
---------------------------------------------------------------------------
\50\Subclause (C) added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(ii) A flight on an aircraft described in this
item is any flight on an aircraft that is not--
(I) operated or paid for by an air
carrier or commercial operator certificated
by the Federal Aviation Administration and
required to be conducted under air carrier
safety rules; or
(II) in the case of travel which is
abroad, an air carrier or commercial
operator certificated by an appropriate
foreign civil aviation authority and the
flight is required to be conducted under air
carrier safety rules.
(iii) This subclause shall not apply to an
aircraft owned or leased by a governmental entity or
by a Member of Congress or a Member's immediate
family member (including an aircraft owned by an
entity that is not a public corporation in which the
Member or Member's immediate family member has an
ownership interest), provided that the Member does
not use the aircraft any more than the Member's or
immediate family member's proportionate share of
ownership allows.
(2) A contribution, as defined in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.)\51\ that is lawfully made under that Act, or
attendance at a fundraising event sponsored by a
political organi
[[Page 65]]
zation described in section 527(e) of the Internal
Revenue Code of 1986.
---------------------------------------------------------------------------
\51\2 U.S.C. 431 et seq. was recodified as 52 U.S.C.
30101 et seq.
---------------------------------------------------------------------------
(3) A gift from a relative as described in
section 109(16) of Title I of the Ethics Reform Act
of 1989 (5 U.S.C. App. 6).\52\
---------------------------------------------------------------------------
\52\As amended by S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(4)(A) Anything, including personal
hospitality,\53\ provided by an individual on the
basis of a personal friendship unless the Member,
officer, or employee has reason to believe that,
under the circumstances, the gift was provided
because of the official position of the Member,
officer, or employee and not because of the personal
friendship.
---------------------------------------------------------------------------
\53\The phrase ``including personal hospitality''
inserted by S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(B) In determining whether a gift is provided on
the basis of personal friendship, the Member,
officer, or employee shall consider the
circumstances under which the gift was offered, such
as:
(i) The history of the relationship
between the individual giving the gift and
the recipient of the gift, including any
previous exchange of gifts between such
individuals.
(ii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift personally paid
for the gift or sought a tax deduction or
business reimbursement for the gift.
(iii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift also at the
same time gave the same or similar gifts to
other Members, officers, or employees.
(5) A contribution or other payment to a legal
expense fund established for the benefit of a
Member, officer, or employee, that is otherwise
lawfully made, subject to the disclosure
requirements of the Select Committee on Ethics,
except as provided in paragraph 3(c).
(6) Any gift from another Member, officer, or
employee of the Senate or the House of
Representatives.
(7) Food, refreshments, lodging, and other
benefits--
(A) resulting from the outside business
or employment activities (or other outside
activities
[[Page 66]]
that are not connected to the duties of the
Member, officer, or employee as an
officeholder) of the Member, officer or
employee, or the spouse of the Member,
officer, or employee, if such benefits have
not been offered or enhanced because of the
official position of the Member, officer, or
employee and are customarily provided to
others in similar circumstances;
(B) customarily provided by a
prospective employer in connection with bona
fide employment discussions; or
(C) provided by a political organization
described in section 527(e) of the Internal
Revenue Code of 1986 in connection with a
fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
(9) Informational materials that are sent to the
office of the Member, officer, or employee in the
form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of
communication.
(10) Awards or prizes which are given to
competitors in contests or events open to the
public, including random drawings.
(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in
recognition of public service (and associated food,
refreshments, and entertainment provided in the
presentation of such degrees and awards).
(12) Donations of products from the State that
the Member represents that are intended primarily
for promotional purposes, such as display or free
distribution, and are of minimal value to any
individual recipient.
(13) Training (including food and refreshments
furnished to all attendees as an integral part of
the training) provided to a Member, officer, or
employee, if such training is in the interest of the
Senate.
(14) Bequests, inheritances, and other transfers
at death.
[[Page 67]]
(15) Any item, the receipt of which is
authorized by the Foreign Gifts and Decorations Act,
the Mutual Educational and Cultural Exchange Act, or
any other statute.
(16) Anything which is paid for by the Federal
Government, by a State or local government, or
secured by the Government under a Government
contract.
(17) A gift of personal hospitality (as defined
in section 109(14) of the Ethics in Government Act)
of an individual other than a registered lobbyist or
agent of a foreign principal.
(18) Free attendance at a widely attended event
permitted pursuant to subparagraph (d).
(19) Opportunities and benefits which are--
(A) available to the public or to a
class consisting of all Federal employees,
whether or not restricted on the basis of
geographic consideration;
(B) offered to members of a group or
class in which membership is unrelated to
congressional employment;
(C) offered to members of an
organization, such as an employees'
association or congressional credit union,
in which membership is related to
congressional employment and similar
opportunities are available to large
segments of the public through organizations
of similar size;
(D) offered to any group or class that
is not defined in a manner that specifically
discriminates among Government employees on
the basis of branch of Government or type of
responsibility, or on a basis that favors
those of higher rank or rate of pay;
(E) in the form of loans from banks and
other financial institutions on terms
generally available to the public; or
(F) in the form of reduced membership or
other fees for participation in organization
activities offered to all Government
employees by professional organizations if
the only restrictions on membership relate
to professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended solely for presentation.
[[Page 68]]
(21) Anything for which, in an unusual case, a
waiver is granted by the Select Committee on Ethics.
(22) Food or refreshments of a nominal value
offered other than as a part of a meal.
(23) An item of little intrinsic value such as a
greeting card, baseball cap, or a T-shirt.
(24)\54\ Subject to the restrictions in
subparagraph (a)(2)(A), free attendance at a
constituent event permitted pursuant to subparagraph
(g).
---------------------------------------------------------------------------
\54\Clause (24) was added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
35.1d (d)(1) A Member, officer, or employee may accept an
offer of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the
sponsor of the event, if--
(A) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
(B) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate
to assist in the representation of the Senate.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with an event that does not meet the
standards provided in paragraph 2.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does
not include entertainment collateral to the event, nor does
it include food or
[[Page 69]]
refreshments taken other than in a group setting with all or
substantially all other attendees.
(5)\55\ During the dates of the national party
convention for the political party to which a Member
belongs, a Member may not participate in an event honoring
that Member, other than in his or her capacity as the
party's presidential or vice presidential nominee or
presumptive nominee, if such event is directly paid for by a
registered lobbyist or a private entity that retains or
employs a registered lobbyist.
---------------------------------------------------------------------------
\55\Clause (5) was added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
35.1e (e) No Member, officer, or employee may accept a gift
the value of which exceeds $250 on the basis of the personal
friendship exception in subparagraph (c)(4) unless the
Select Committee on Ethics issues a written determination
that such exception applies. No determination under this
subparagraph is required for gifts given on the basis of the
family relationship exception.
35.1f (f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
35.1g (g)(1)\56\ A Member, officer, or employee may accept an
offer of free attendance in the Member's home State at a
conference, symposium, forum, panel discussion, dinner
event, site visit, viewing, reception, or similar event,
provided by a sponsor of the event, if--
---------------------------------------------------------------------------
\56\Subparagraph (g) was added by Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
(A) the cost of meals provided the Member,
officer, or employee is less than $50;
(B)(i) the event is sponsored by constituents
of, or a group that consists primarily of
constituents of, the Member (or the Member by whom
the officer or employee is employed); and
(ii) the event will be attended primarily by a
group of at least 5 constituents of the Member (or
the Member by whom the officer or employee is
employed) provided that a registered lobbyist shall
not attend the event; and
(C)(i) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
[[Page 70]]
(ii) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate
to assist in the representation of the Senate.
(3) For purposes of this subparagraph, the term `free
attendance' has the same meaning given such term in
subparagraph (d).
35.2a 2. (a)(1)\57\ A reimbursement (including payment in
kind) to a Member, officer, or employee from an individual
other than a registered lobbyist or agent of a foreign
principal or a private entity that retains or employs 1 or
more registered lobbyists or agents of a foreign principal
for necessary transportation, lodging and related expenses
for travel to a meeting, speaking engagement, factfinding
trip or similar event in connection with the duties of the
Member, officer, or employee as an officeholder shall be
deemed to be a reimbursement to the Senate and not a gift
prohibited by this rule, if the Member, officer, or employee
complies with the requirements of this paragraph.
---------------------------------------------------------------------------
\57\Subparagraph (a)(1) was amended by Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
(2)(A)\58\ Notwithstanding clause (1), a reimbursement
(including payment in kind) to a Member, officer, or
employee of the Senate from an individual, other than a
registered lobbyist or agent of a foreign principal, that is
a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal shall
be deemed to be a reimbursement to the Senate under clause
(1) if--
---------------------------------------------------------------------------
\58\Clause (2) was added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(i) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is provided only for attendance at or participation
for 1 day (exclusive of travel time and an overnight
stay) at an event described in clause (1); or
(ii) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a
[[Page 71]]
meeting, speaking engagement, factfinding trip, or
similar event described in clause (1) in connection
with the duties of the Member, officer, or employee
and the reimbursement is from an organization
designated under section 501(c)(3) of the Internal
Revenue Code of 1986.
(B) When deciding whether to preapprove a trip under
this clause, the Select Committee on Ethics shall make a
determination consistent with regulations issued pursuant to
section 544(b) of the Honest Leadership and Open Government
Act of 2007. The committee through regulations to implement
subclause (A)(i) may permit a longer stay when determined by
the committee to be practically required to participate in
the event, but in no event may the stay exceed 2 nights.
(3)\59\ For purposes of clauses (1) and (2), events, the
activities of which are substantially recreational in
nature, shall not be considered to be in connection with
duties of a Member, officer, or employee as an officeholder.
---------------------------------------------------------------------------
\59\Clause (3) was renumbered and amended by Pub. L.
110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
35.2b (b)\60\Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive
advance written authorization from the Member or officer
under whose direct supervision the employee works. Each
advance authorization to accept reimbursement shall be
signed by the Member or officer under whose direct
supervision the employee works and shall include--
---------------------------------------------------------------------------
\60\Subparagraph (b) amended by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel;
and
(4) a determination that the travel is in
connection with the duties of the employee as an
officeholder and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c)\61\ Each Member, officer, or employee that receives
reimbursement under this paragraph shall disclose the
expenses reimbursed or to be reimbursed, the authorization
under subparagraph (b) (for an employee), and a copy of the
certification in subparagraph (e)(1) to the Secretary of the
Senate not later than 30 days after the travel is completed.
Each disclosure made under this subparagraph of expenses
reimbursed or to be reimbursed shall be signed
[[Page 72]]
by the Member or officer (in the case of travel by that
Member or officer) or by the Member or officer under whose
direct supervision the employee works (in the case of travel
by an employee) and shall include--
---------------------------------------------------------------------------
\61\Subparagraph (c) amended by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(1) a good faith estimate of total
transportation expenses reimbursed or to be
reimbursed;
(2) a good faith estimate of total lodging
expenses reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
(5) a determination that all such expenses are
necessary transportation, lodging, and related
expenses as defined in this paragraph;
(6)\62\ a description of meetings and events
attended; and
---------------------------------------------------------------------------
\62\Clause (6) added by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
(7)\63\ in the case of a reimbursement to a
Member or officer, a determination that the travel
was in connection with the duties of the Member or
officer as an officeholder and would not create the
appearance that the Member or officer is using
public office for private gain.
---------------------------------------------------------------------------
\63\Clause (7) renumbered by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
35.2d (d)(1)\64\ A Member, officer, or employee of the Senate
may not accept a reimbursement (including payment in kind)
for transportation, lodging, or related expenses under
subparagraph (a) for a trip that was--
---------------------------------------------------------------------------
\64\Subparagraph (d) added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(A) planned, organized, or arranged by or at the
request of a registered lobbyist or agent of a
foreign principal; or
(B)(i) for trips described under subparagraph
(a)(2)(A)(i) on which a registered lobbyist
accompanies the Member, officer, or employee on any
segment of the trip; or
(ii) for all other trips allowed under this
paragraph, on which a registered lobbyist
accompanies the Member, officer, or employee at any
point throughout the trip.
(2) The Select Committee on Ethics shall issue
regulations identifying de minimis activities by registered
lobbyists or foreign agents that would not violate this
subparagraph.
[[Page 73]]
35.2e (e)\65\ A Member, officer, or employee shall, before
accepting travel otherwise permissible under this paragraph
from any source--
---------------------------------------------------------------------------
\65\Subparagraph (e) added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
(1) provide to the Select Committee on Ethics a
written certification from such source that--
(A) the trip will not be financed in any
part by a registered lobbyist or agent of a
foreign principal;
(B) the source either--
(i) does not retain or employ
registered lobbyists or agents of a foreign
principal and is not itself a registered
lobbyist or agent of a foreign principal; or
(ii) certifies that the trip meets the
requirements of subclause (i) or (ii) of
subparagraph (a)(2)(A);
(C) the source will not accept from a
registered lobbyist or agent of a foreign
principal or a private entity that retains
or employs 1 or more registered lobbyists or
agents of a foreign principal, funds
earmarked directly or indirectly for the
purpose of financing the specific trip; and
(D) the trip will not in any part be
planned, organized, requested, or arranged
by a registered lobbyist or agent of a
foreign principal and the traveler will not
be accompanied on the trip consistent with
the applicable requirements of subparagraph
(d)(1)(B) by a registered lobbyist or agent
of a foreign principal, except as permitted
by regulations issued under subparagraph
(d)(2); and
(2) after the Select Committee on Ethics has
promulgated regulations pursuant to section 544(b)
of the Honest Leadership and Open Government Act of
2007, obtain the prior approval of the committee for
such reimbursement.
35.2f (f)\66\ For the purposes of this paragraph, the term
``necessary transportation, lodging, and related
expenses''--
---------------------------------------------------------------------------
\66\Subparagraph (f) relettered and subparagraph (g)
relettered and amended by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
(1) includes reasonable expenses that are
necessary for travel for a period not exceeding 3
days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of
the United States
[[Page 74]]
unless approved in advance by the Select Committee
on Ethics;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and
materials, and food and refreshments, including
reimbursement for necessary transportation, whether
or not such transportation occurs within the periods
described in clause (1);
(3) does not include expenditures for
recreational activities, nor does it include
entertainment other than that provided to all
attendees as an integral part of the event, except
for activities or entertainment otherwise
permissible under this rule; and
(4) may include travel expenses incurred on
behalf of either the spouse or a child of the
Member, officer, or employee, subject to a
determination signed by the Member or officer (or in
the case of an employee, the Member or officer under
whose direct supervision the employee works) that
the attendance of the spouse or child is appropriate
to assist in the representation of the Senate.
35.2g (g) The Secretary of the Senate shall make all advance
authorizations, certifications, and disclosures filed
pursuant to this paragraph available for public inspection
as soon as possible after they are received, but in no event
prior to the completion of the relevant travel.
35.3 3. A gift prohibited by paragraph 1(a) includes the
following:
35.3a
(a) Anything provided by a registered lobbyist
or an agent of a foreign principal to an entity that
is maintained or controlled by a Member, officer, or
employee.
35.3b
(b) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a registered lobbyist or an agent of a
foreign principal on the basis of a designation,
recommendation, or other specification of a Member,
officer, or employee (not including a mass mailing
or other solicitation directed to a broad category
of persons or entities), other than a charitable
contribution permitted by paragraph 4.
[[Page 75]]
35.3c
(c) A contribution or other payment by a
registered lobbyist or an agent of a foreign
principal to a legal expense fund established for
the benefit of a Member, officer, or employee.
35.3d
(d) A financial contribution or expenditure made
by a registered lobbyist or an agent of a foreign
principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an
official congressional organization, for or on
behalf of Members, officers, or employees.
35.4a 4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is
reported as provided in subparagraph (b).
35.4b (b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in subparagraph (a) shall report
within 30 days after such designation or recommendation to
the Secretary of the Senate--
(1) the name and address of the registered
lobbyist who is making the contribution in lieu of
honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable
organization designated or recommended by the
Member.
The Secretary of the Senate shall make public information
received pursuant to this subparagraph as soon as possible
after it is received.
35.5 5. For purposes of this rule--
35.5a
(a) the term ``registered lobbyist'' means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
35.5b
(b) the term ``agent of a foreign principal''
means an agent of a foreign principal registered
under the Foreign Agents Registration Act.
35.6 6. All the provisions of this rule shall be interpreted
and enforced solely by the Select Committee on Ethics. The
Select Committee on Ethics is authorized to issue guidance
on any matter contained in this rule.
[[Page 76]]
36 RULE XXXVI\67\
---------------------------------------------------------------------------
\67\Previous provisions of rule XXXVI were repealed by
S. Res. 512, 97-2, Dec. 14, 1982, effective Jan. 1, 1983.
New rule XXXVI language established by S. Res. 192, 102-1,
Oct. 31, 1991, effective Aug. 14, 1991.
---------------------------------------------------------------------------
OUTSIDE EARNED INCOME
For purposes of this rule, the provisions of section 501
of the Ethics in Government Act of 1978 (5 U.S.C. App.
Sec. 501) shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
37 RULE XXXVII
CONFLICT OF INTEREST
37.1 1. A Member, officer, or employee of the Senate shall
not receive any compensation, nor shall he permit any
compensation to accrue to his beneficial interest from any
source, the receipt or accrual of which would occur by
virtue of influence improperly exerted from his position as
a Member, officer, or employee.
37.2 2. No Member, officer, or employee shall engage in any
outside business or professional activity or employment for
compensation which is inconsistent or in conflict with the
conscientious performance of official duties.
37.3 3. No officer or employee shall engage in any outside
business or professional activity or employment for
compensation unless he has reported in writing when such
activity or employment commences and on May 15 of each year
thereafter so long as such activity or employment continues,
the nature of such activity or employment to his supervisor.
The supervisor shall then, in the discharge of his duties,
take such action as he considers necessary for the avoidance
of conflict of interest or interference with duties to the
Senate.
37.4 4. No Member, officer, or employee shall knowingly use
his official position to introduce or aid the progress or
passage of legislation, a principal purpose of which is to
further only his pecuniary interest, only the pecuniary
interest of his immediate family, or only the pecuniary
interest of a limited class of persons or enterprises, when
he, or his immediate family, or enterprises controlled by
them, are members of the affected class.
[[Page 77]]
37.5a 5. (a)\68\ No Member, officer, or employee of the Senate
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
(1) affiliate with a firm, partnership, association, or
corporation for the purpose of providing professional
services for compensation; (2) permit that individual's name
to be used by such a firm, partnership, association or
corporation; or (3) practice a profession for compensation
to any extent during regular office hours of the Senate
office in which employed. For the purposes of this
paragraph, ``professional services'' shall include but not
be limited to those which involve a fiduciary relationship.
---------------------------------------------------------------------------
\68\Paragraph 5 renumbered 5(a) and subparagraph (b)
added by S. Res. 192, 102-1, Oct. 31, 1991.
---------------------------------------------------------------------------
37.5b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not--
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary relationship;
or
(4) receive compensation for teaching, without
the prior notification and approval of the
Select\69\ Committee on Ethics.
---------------------------------------------------------------------------
\69\Added by S. Res. 299, 106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
37.6a 6. (a)\70\ No Member, officer, or employee of the Senate
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
serve as an officer or member of the board of any publicly
held or publicly regulated corporation, financial
institution, or business entity. The preceding sentence
shall not apply to service of a Member, officer, or employee
as--
---------------------------------------------------------------------------
\70\Paragraph 6 renumbered 6(a) and subparagraph (b)
added by S. Res. 192, 102-1, Oct. 31, 1991.
---------------------------------------------------------------------------
(1) an officer or member of the board of an
organization which is exempt from taxation under
section 501(c) of the Internal Revenue Code of 1954,
if such service is performed without compensation;
[[Page 78]]
(2) an officer or member of the board of an
institution or organization which is principally
available to Members, officers, or employees of the
Senate, or their families, if such service is
performed without compensation; or
(3) a member of the board of a corporation,
institution, or other business entity, if (A) the
Member, officer, or employee had served continuously
as a member of the board thereof for at least two
years prior to his election or appointment as a
Member, officer, or employee of the Senate, (B) the
amount of time required to perform such service is
minimal, and (C) the Member, officer, or employee is
not a member of, or a member of the staff of any
Senate committee which has legislative jurisdiction
over any agency of the Government charged with
regulating the activities of the corporation,
institution, or other business entity.
37.6b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not serve for compensation as an
officer or member of the board of any association,
corporation, or other entity.
37.7 7. An employee on the staff of a committee who is
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
divest himself of any substantial holdings which may be
directly affected by the actions of the committee for which
he works, unless the Select Committee, after consultation
with the employee's supervisor, grants permission in writing
to retain such holdings or the employee makes other
arrangements acceptable to the Select Committee and the
employee's supervisor to avoid participation in committee
actions where there is a conflict of interest, or the
appearance thereof.
37.8 8.\71\ If a Member, upon leaving office, becomes a
registered lobbyist under the Federal Regulation of Lobbying
Act of 1946 or any successor statute, or is employed or
retained by such a registered lobbyist or an entity that
employs or retains a registered lobbyist for the purpose of
influencing legislation, he shall not lobby Members, offi
[[Page 79]]
cers, or employees of the Senate for a period of two years
after leaving office.
---------------------------------------------------------------------------
\71\Paragraphs 8 and 9 amended by Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
37.9a 9. (a) If an employee on the staff of a Member, upon
leaving that position, becomes a registered lobbyist under
the Federal Regulation of Lobbying Act of 1946 or any
successor statute, or is employed or retained by such a
registered lobbyist or an entity that employs or retains a
registered lobbyist for the purpose of influencing
legislation, such employee may not lobby the Member for whom
he worked or that Member's staff for a period of one year
after leaving that position.
37.9b (b) If an employee on the staff of a committee, upon
leaving his position, becomes such a registered lobbyist or
is employed or retained by such a registered lobbyist or an
entity that employs or retains a registered lobbyist for the
purpose of influencing legislation, such employee may not
lobby the members of the committee for which he worked, or
the staff of that committee, for a period of one year after
leaving his position.
37.9c (c)\72\ If an officer of the Senate or an employee on
the staff of a Member or on the staff of a committee whose
rate of pay is equal to or greater than 75 percent of the
rate of pay of a Member and employed at such rate for more
than 60 days in a calendar year, upon leaving that position,
becomes a registered lobbyist, or is employed or retained by
such a registered lobbyist or an entity that employs or
retains a registered lobbyist for the purpose of influencing
legislation, such employee may not lobby any Member,
officer, or employee of the Senate for a period of 1 year
after leaving that position.
---------------------------------------------------------------------------
\72\Paragraph 9(c) shall apply to individuals who leave
the office or employment to which such paragraph applies on
or after Dec. 31, 2007. Sec. 531 of Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
37.10 10. \73\Paragraphs 8 and 9 shall not apply to contacts
with the staff of the Secretary of the Senate regarding
compliance with the lobbying disclosure requirements of the
Lobbying Disclosure Act of 1995.
---------------------------------------------------------------------------
\73\Paragraphs 10 and 11 added by Pub. L. 110-81, Sep.
14, 2007.
---------------------------------------------------------------------------
37.11a 11. (a) If a Member's spouse or immediate family member
is a registered lobbyist, or is employed or retained by such
a registered lobbyist or an entity that hires or retains a
registered lobbyist for the purpose of influencing
legislation, the Member shall prohibit all staff employed or
supervised by that Member (including staff in personal,
committee, and leadership offices) from having any contact
[[Page 80]]
with the Member's spouse or immediate family member that
constitutes a lobbying contact as defined by section 3 of
the Lobbying Disclosure Act of 1995 by such person.
37.11b (b) Members and employees on the staff of a Member
(including staff in personal, committee, and leadership
offices) shall be prohibited from having any contact that
constitutes a lobbying contact as defined by section 3 of
the Lobbying Disclosure Act of 1995 by any spouse of a
Member who is a registered lobbyist, or is employed or
retained by such a registered lobbyist.
37.11c (c) The prohibition in subparagraph (b) shall not apply
to the spouse of a Member who was serving as a registered
lobbyist at least 1 year prior to the most recent election
of that Member to office or at least 1 year prior to his or
her marriage to that Member.
37.12a 12. (a)\74\ Except as provided by subparagraph (b), any
employee of the Senate who is required to file a report
pursuant to rule XXXIV shall refrain from participating
personally and substantially as an employee of the Senate in
any contact with any agency of the executive or judicial
branch of Government with respect to non-legislative matters
affecting any non-governmental person in which the employee
has a significant financial interest.
---------------------------------------------------------------------------
\74\Paragraphs 10 and 11 were renumbered as 11 and 12
respectively and paragraph 10 was added by S. Res. 236, 101-
2, Jan. 30, 1990. Paragraph renumbered by Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
37.12b (b) Subparagraph (a) shall not apply if an employee
first advises his supervising authority of his significant
financial interest and obtains from his employing authority
a written waiver stating that the participation of the
employee is necessary. A copy of each such waiver shall be
filed with the Select Committee.
37.13 13.\75\ For purposes of this rule--
---------------------------------------------------------------------------
\75\Paragraph 13 renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
---------------------------------------------------------------------------
37.13a
(a) ``employee of the Senate'' includes an
employee or individual described in paragraphs 2, 3,
and 4(c) of rule XLI;
37.13b
(b) an individual who is an employee on the
staff of a subcommittee of a committee shall be
treated as an employee on the staff of such
committee; and
37.13c
(c) the term ``lobbying'' means any oral or
written communication to influence the content or
disposition of any issue before Congress, including
any pending or future bill, resolution, treaty,
nomination, hearing, report, or investigation; but
does not include--
[[Page 81]]
(1) a communication (i) made in the form
of testimony given before a committee or
office of the Congress, or (ii) submitted
for inclusion in the public record, public
docket, or public file of a hearing; or
(2) a communication by an individual,
acting solely on his own behalf, for redress
of personal grievances, or to express his
personal opinion.
37.14a 14.\76\(a) A Member shall not negotiate or have any
arrangement concerning prospective private employment until
after his or her successor has been elected, unless such
Member files a signed statement with the Secretary of the
Senate, for public disclosure, regarding such negotiations
or arrangements not later than 3 business days after the
commencement of such negotiation or arrangement, including
the name of the private entity or entities involved in such
negotiations or arrangements, and the date such negotiations
or arrangements commenced.
---------------------------------------------------------------------------
\76\Paragraph 14 added by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
37.14b (b) A Member shall not negotiate or have any arrangement
concerning prospective employment for a job involving
lobbying activities as defined by the Lobbying Disclosure
Act of 1995 until after his or her successor has been
elected.
37.14c (c)(1) An employee of the Senate earning in excess of 75
percent of the salary paid to a Senator shall notify the
Select Committee on Ethics that he or she is negotiating or
has any arrangement concerning prospective private
employment.
(2) The notification under this subparagraph shall be
made not later than 3 business days after the commencement
of such negotiation or arrangement.
(3) An employee to whom this subparagraph applies
shall--
(A) recuse himself or herself from--
(i) any contact or communication with
the prospective employer on issues of
legislative interest to the prospective
employer; and
(ii) any legislative matter in which
there is a conflict of interest or an
appearance of a conflict for that employee
under this subparagraph; and
(B) notify the Select Committee on Ethics of
such recusal.
[[Page 82]]
37.15 15.\77\ For purposes of this rule--
---------------------------------------------------------------------------
\77\Paragraph 15 renumbered by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
37.15a
(a) a Senator or the Vice President is the
supervisor of his administrative, clerical, or other
assistants;
37.15b
(b) a Senator who is the chairman of a committee
is the supervisor of the professional, clerical, or
other assistants to the committee except that
minority staff members shall be under the
supervision of the ranking minority Senator on the
committee;
37.15c
(c) a Senator who is a chairman of a
subcommittee which has its own staff and financial
authorization is the supervisor of the professional,
clerical, or other assistants to the subcommittee
except that minority staff members shall be under
the supervision of the ranking minority Senator on
the subcommittee;
37.15d
(d) the President pro tempore is the supervisor
of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper, the Chaplain, the Legislative Counsel,
and the employees of the Office of the Legislative
Counsel;
37.15e
(e) the Secretary of the Senate is the
supervisor of the employees of his office;
37.15f
(f) the Sergeant at Arms and Doorkeeper is the
supervisor of the employees of his office;
37.15g
(g) the Majority and Minority Leaders and the
Majority and Minority Whips are the supervisors of
the research, clerical, or other assistants assigned
to their respective offices;
37.15h
(h) the Majority Leader is the supervisor of the
Secretary for the Majority and the Secretary for the
Majority is the supervisor of the employees of his
office; and
37.15i
(i) the Minority Leader is the supervisor of the
Secretary for the Minority and the Secretary for the
Minority is the supervisor of the employees of his
office.
38
RULE XXXVIII
PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS
38.1a 1. (a)\78\ No Member may maintain or have maintained for
his use an unofficial office account. The term ``unofficial
office account'' means an account or repository into which
funds are received for the purpose, at least in part, of de
[[Page 83]]
fraying otherwise unreimbursed expenses allowable in
connection with the operation of a Member's office. An
unofficial office account does not include, and expenses
incurred by a Member in connection with his official duties
shall be defrayed only from--
---------------------------------------------------------------------------
\78\Paragraph 1 was renumbered 1(a) and subparagraph (b)
was added by S. Res. 192, 102-1, Oct. 31, 1991. Effective
date revised to May 1, 1992, by Pub. L. 102-229, Dec. 12,
1991.
---------------------------------------------------------------------------
(1) personal funds of the Member;
(2) official funds specifically appropriated for
that purpose;
(3) funds derived from a political committee (as
defined in section 301(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431))\79\; and
---------------------------------------------------------------------------
\79\2 U.S.C. 431 was recodified as 52 U.S.C. 30101.
---------------------------------------------------------------------------
(4) funds received as reasonable reimbursements
for expenses incurred by a Member in connection with
personal services provided by the Member to the
organization making the reimbursement.
38.1b (b) Notwithstanding subparagraph (a), official expenses
may be defrayed only as provided by subsections (d) and (i)
of section 311 of the Legislative Appropriations Act, 1991
(Public Law 101-520).\80\
---------------------------------------------------------------------------
\80\Section 311(d) of the Legislative Branch
Appropriations Act, 1991 (Pub. L. 101-520) was amended by
Pub. L. 107-68, Nov. 12, 2001.
---------------------------------------------------------------------------
38.1c (c)\81\ For purposes of reimbursement under this rule,
fair market value of a flight on an aircraft shall be
determined as provided in paragraph 1(c)(1)(C) of rule XXXV.
---------------------------------------------------------------------------
\81\Subparagraph (c) added by Pub. L. 110-81, Sep. 14,
2007.
---------------------------------------------------------------------------
38.2
2. No contribution (as defined in section 301(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431))\82\
shall be converted to the personal use of any Member or any
former Member. For the purposes of this rule ``personal
use'' does not include reimbursement of expenses incurred by
a Member in connection with his official duties.
---------------------------------------------------------------------------
\82\2 U.S.C. 431 was recodified as 52 U.S.C. 30101.
39 RULE XXXIX
FOREIGN TRAVEL
39.1a 1. (a) Unless authorized by the Senate (or by the
President of the United States after an adjournment sine
die), no funds from the United States Government (including
foreign currencies made available under section 502(b) of
the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be
received for the purpose of travel outside the United States
by any Member of the Senate whose term will expire at the
end of a Congress after--
[[Page 84]]
(1) the date of the general election in which
his successor is elected; or
(2) in the case of a Member who is not a
candidate in such general election, the earlier of
the date of such general election or the adjournment
sine die of the second regular session of that
Congress.
39.1b (b)\83\ The travel restrictions provided by subparagraph
(a) with respect to a Member of the Senate whose term will
expire at the end of a Congress shall apply to travel by--
---------------------------------------------------------------------------
\83\Paragraph 1 was renumbered as 1 (a) and subparagraph
(b) was added by S. Res. 80, 100-1, Jan. 28, 1987.
---------------------------------------------------------------------------
(1) any employee of the Member;
(2) any elected officer of the Senate whose
employment will terminate at the end of a Congress;
and
(3) any employee of a committee whose employment
will terminate at the end of a Congress.
39.2 2. No Member, officer, or employee engaged in foreign
travel may claim payment or accept funds from the United
States Government (including foreign currencies made
available under section 502(b) of the Mutual Security Act of
1954 (22 U.S.C. 1754(b)) for any expense for which the
individual has received reimbursement from any other source;
nor may such Member, officer, or employee receive
reimbursement for the same expense more than once from the
United States Government. No Member, officer, or employee
shall use any funds furnished to him to defray ordinary and
necessary expenses of foreign travel for any purpose other
than the purpose or purposes for which such funds were
furnished.
39.3 3. A per diem allowance provided a Member, officer, or
employee in connection with foreign travel shall be used
solely for lodging, food, and related expenses and it is the
responsibility of the Member, officer, or employee receiving
such an allowance to return to the United States Government
that portion of the allowance received which is not actually
used for necessary lodging, food, and related expenses.
[[Page 85]]
40 RULE XL
FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS\84\
---------------------------------------------------------------------------
\84\39 U.S.C. 3210 contains statutory provisions that
are parallel to certain provisions of rule XL relating to
the franking privilege.
---------------------------------------------------------------------------
40.1 1. A Senator or an individual who is a candidate for
nomination for election, or election, to the Senate may not
use the frank for any mass mailing (as defined in section
3210(a)(6)(E)\85\ of Title 39, United States Code) if such
mass mailing is mailed at or delivered to any postal
facility less than sixty days immediately before the date of
any primary or general election (whether regular, special,
or runoff) in which the Senator is a candidate for public
office or the individual is a candidate for Senator, unless
the candidacy of the Senator in such election is
uncontested.\86\
---------------------------------------------------------------------------
\85\Citation corrected by S. Res. 187, 101-1, Oct. 2,
1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
\86\As amended by S. Res. 224, 103-2, June 21, 1994.
40.2 2. A Senator shall use only official funds of the
Senate, including his official Senate allowances, to
purchase paper, to print, or to prepare any mass mailing
material which is to be sent out under the frank.
40.3a 3. (a) When a Senator disseminates information under the
frank by a mass mailing (as defined in section 3210(a)(6)(E)
of Title 39, United States Code), the Senator shall register
quarterly\87\ with the Secretary of the Senate such mass
mailings. Such registration shall be made by filing with the
Secretary a copy of the matter mailed and providing, on a
form supplied by the Secretary, a description of the group
or groups of persons to whom the mass mailing was mailed.
---------------------------------------------------------------------------
\87\Pursuant to Pub. L. 101-520, Nov. 5, 1990.
---------------------------------------------------------------------------
40.3b (b) The Secretary of the Senate shall promptly make
available for public inspection and copying a copy of the
mail matter registered, and a description of the group or
groups of persons to whom the mass mailing was mailed.
40.4 4. Nothing in this rule shall apply to any mailing under
the frank which is (a) in direct response to inquiries or
requests from persons to whom the matter is mailed; (b)
addressed to colleagues in Congress or to government
officials (whether Federal, State, or local); or (c)
consists entirely of news releases to the communications
media.
40.5 5. The Senate computer facilities shall not be used (a)
to store, maintain, or otherwise process any lists or
categories of lists of names and addresses identifying the
individuals included in such lists as campaign workers or
con
[[Page 86]]
tributors, as members of a political party, or by any other
partisan political designation, (b) to produce computer
printouts except as authorized by user guides approved by
the Committee on Rules and Administration, or (c) to produce
mailing labels for mass mailings, or computer tapes and
discs, for use other than in service facilities maintained
and operated by the Senate or under contract to the Senate.
The Committee on Rules and Administration shall prescribe
such regulations not inconsistent with the purposes of this
paragraph as it determines necessary to carry out such
purposes.
40.6a 6. (a) The radio and television studios provided by the
Senate or by the House of Representatives may not be used by
a Senator or an individual who is a candidate for nomination
for election, or election, to the Senate less than sixty
days immediately before the date of any primary or general
election (whether regular, special, or runoff) in which that
Senator is a candidate for public office or that individual
is a candidate for Senator, unless the candidacy of the
Senator in such election is uncontested.\88\
---------------------------------------------------------------------------
\88\As amended by S. Res. 224, 103-2, June 21, 1994.
40.6b (b) This paragraph shall not apply if the facilities are
to be used at the request of, and at the expense of, a
licensed broadcast organization or an organization exempt
from taxation under section 501(c)(3) of the Internal
Revenue Code of 1954.
41 RULE XLI
POLITICAL FUND ACTIVITY; DEFINITIONS
41.1 1. No officer or employee of the Senate may receive,
solicit, be a custodian of, or distribute any funds in
connection with any campaign for the nomination for
election, or the election, of any individual to be a Member
of the Senate or to any other Federal office. This
prohibition does not apply to three\89\ assistants to a
Senator, at least one of whom is in Washington, District of
Columbia, who have been designated by that Senator to
perform any of the functions described in the first sentence
of this paragraph and who are compensated at an annual rate
in excess of $10,000 if such designation has been made in
writing and filed with the Secretary of the Senate and if
each such assistant files a financial statement in the form
provided under rule XXXIV for each year during which he is
des
[[Page 87]]
ignated under this rule. The Majority Leader and the
Minority Leader may each designate an employee of their
respective leadership office staff as one of the 3 designees
referred to in the second sentence.\90\\91\ The Secretary of
the Senate shall make the designation available for public
inspection.
---------------------------------------------------------------------------
\89\As amended by S. Res. 258, 100-1, Oct. 1, 1987.
\90\Pursuant to S. Res. 236, 101-2, Jan. 30, 1990.
\91\Pursuant to Pub. L. 116-94, Title XVII, sec. 1701,
the Majority Leader and the Minority Leader may each
designate up to 2 employees of their respective leadership
office staff as designees; however, the Standing Rules of
the Senate were not amended.
41.2 2. For purposes of the Senate Code of Official Conduct--
41.2a
(a) an employee of the Senate includes any
employee whose salary is disbursed by the Secretary
of the Senate; and
41.2b
(b) the compensation of an officer or employee
of the Senate who is a reemployed annuitant shall
include amounts received by such officer or employee
as an annuity, and such amounts shall be treated as
disbursed by the Secretary of the Senate.
41.3 3. Before approving the utilization by any committee of
the Senate of the services of an officer or employee of the
Government in accordance with paragraph 4\92\ of rule XXVII
or with an authorization provided by Senate resolution, the
Committee on Rules and Administration shall require such
officer or employee to agree in writing to comply with the
Senate Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate. Any such
officer or employee shall, for purposes of such Code, be
treated as an employee of the Senate receiving compensation
disbursed by the Secretary of the Senate in an amount equal
to the amount of compensation he is receiving as an officer
or employee of the Government.
---------------------------------------------------------------------------
\92\Reference corrected by S. Res. 192, 102-1, Oct. 31,
1991.
41.4 4. No Member, officer, or employee of the Senate shall
utilize the full-time services of an individual for more
than ninety days in a calendar year in the conduct of
official duties of any committee or office of the Senate
(including a Member's office) unless such individual--
41.4a
(a) is an officer or employee of the Senate,
41.4b
(b) is an officer or employee of the Government
(other than the Senate), or
41.4c
(c) agrees in writing to comply with the Senate
Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate.
[[Page 88]]
Any individual to whom subparagraph (c) applies shall, for
purposes of such Code, be treated as an employee of the
Senate receiving compensation disbursed by the Secretary of
the Senate in an amount equal to the amount of compensation
which such individual is receiving from any source for
performing such services.
41.5 5. In exceptional circumstances for good cause shown,
the Select Committee on Ethics may waive the applicability
of any provision of the Senate Code of Official Conduct to
an employee hired on a per diem basis.
41.6a 6. (a) The supervisor of an individual who performs
services for any Member, committee, or office of the Senate
for a period in excess of four weeks and who receives
compensation therefor from any source other than the United
States Government shall report to the Select Committee on
Ethics with respect to the utilization of the services of
such individual.
41.6b (b) A report under subparagraph (a) shall be made with
respect to an individual--
(1) when such individual begins performing
services described in such subparagraph;
(2) at the close of each calendar quarter while
such individual is performing such services; and
(3) when such individual ceases to perform such
services. Each such report shall include the
identity of the source of the compensation received
by such individual and the amount or rate of
compensation paid by such source.
41.6c (c) No report shall be required under subparagraph (a)
with respect to an individual who normally performs services
for a Member, committee, or office for less than eight hours
a week.
41.6d (d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 of rule
XXXVII.\93\
---------------------------------------------------------------------------
\93\Redesignated by S. Res. 236, 101-2, Jan. 30, 1990,
and S. Res. 299, 106-2, Apr. 27, 2000.
42 RULE XLII
EMPLOYMENT PRACTICES
42.1 1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
[[Page 89]]
42.1a
(a) fail or refuse to hire an individual;
42.1b
(b) discharge an individual; or
42.1c
(c) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment
on the basis of such individual's race, color, religion,
sex, national origin, age, or state of physical handicap.
42.2 2.\94\ For purposes of this rule, the provisions of
section 509(a) of the Americans with Disabilities Act of
1990 shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
---------------------------------------------------------------------------
\94\Added by S. Res. 192, 102-1, Oct. 31, 1991,
effective July 26, 1990. Americans with Disabilities Act of
1990 was subsequently amended by Pub. L. 102-166, Nov. 21,
1991.
43 RULE XLIII
REPRESENTATION BY MEMBERS\95\
---------------------------------------------------------------------------
\95\Rule established by S. Res. 273, 102-2, July 2,
1992.
---------------------------------------------------------------------------
43.1 1. In responding to petitions for assistance, a Member
of the Senate, acting directly or through employees, has the
right to assist petitioners before executive and independent
government officials and agencies.
43.2 2. At the request of a petitioner, a Member of the
Senate, or a Senate employee, may communicate with an
executive or independent government official or agency on
any matter to--
43.2a
(a) request information or a status report;
43.2b
(b) urge prompt consideration;
43.2c
(c) arrange for interviews or appointments;
43.2d
(d) express judgments;
43.2e
(e) call for reconsideration of an
administrative response which the Member believes is
not reasonably supported by statutes, regulations or
considerations of equity or public policy; or
43.2f
(f) perform any other service of a similar
nature consistent with the provisions of this rule.
43.3 3. The decision to provide assistance to petitioners may
not be made on the basis of contributions or services, or
promises of contributions or services, to the Member's
political campaigns or to other organizations in which the
Member has a political, personal, or financial interest.
[[Page 90]]
43.4 4. A Member shall make a reasonable effort to assure
that representations made in the Member's name by any Senate
employee are accurate and conform to the Member's
instructions and to this rule.
43.5 5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.
43.6 6.\96\ No Member, with the intent to influence solely on
the basis of partisan political affiliation an employment
decision or employment practice of any private entity,
shall--
---------------------------------------------------------------------------
\96\Paragraph 6 added by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
43.6a
(a) take or withhold, or offer or threaten to
take or withhold, an official act; or
43.6b
(b) influence, or offer or threaten to influence
the official act of another.
44 RULE XLIV\97\
---------------------------------------------------------------------------
\97\Rule XLIV added by Pub. L. 110-81, Sep. 14, 2007.
---------------------------------------------------------------------------
CONGRESSIONALLY DIRECTED SPENDING AND RELATED ITEMS
44.1a 1. (a) It shall not be in order to vote on a motion to
proceed to consider a bill or joint resolution reported by
any committee unless the chairman of the committee of
jurisdiction or the Majority Leader or his or her designee
certifies--
(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in
the bill or joint resolution, or in the committee report
accompanying the bill or joint resolution, has been
identified through lists, charts, or other similar means
including the name of each Senator who submitted a request
to the committee for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional website in
a searchable format at least 48 hours before such vote.
44.1b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.2a 2. (a) It shall not be in order to vote on a motion to
proceed to consider a Senate bill or joint resolution not
reported by committee unless the chairman of the committee
of jurisdiction or the Majority Leader or his or her
designee certifies--
[[Page 91]]
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the bill or joint resolution,
has been identified through lists, charts, or other
similar means, including the name of each Senator
who submitted a request to the sponsor of the bill
or joint resolution for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website in a searchable format at least 48 hours
before such vote.
44.2b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.3a 3. (a) It shall not be in order to vote on the adoption
of a report of a committee of conference unless the chairman
of the committee of jurisdiction or the Majority Leader or
his or her designee certifies--
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the conference report, or in the
joint statement of managers accompanying the
conference report, has been identified through
lists, charts, or other means, including the name of
each Senator who submitted a request to the
committee of jurisdiction for each item so
identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website at least 48 hours before such vote.
44.3b (b) If a point of order is sustained under this
paragraph, then the conference report shall be set aside.
44.4a 4. (a) If during consideration of a bill or joint
resolution, a Senator proposes an amendment containing a
congressionally directed spending item, limited tax benefit,
or limited tariff benefit which was not included in the bill
or joint resolution as placed on the calendar or as reported
by any committee, in a committee report on such bill or
joint resolution, or a committee report of the Senate on a
companion measure, then as soon as practicable, the Senator
shall ensure that a list of such items (and the name of any
Senator who submitted a request to the Senator for each
respective item included in the list) is printed in the
Congressional Record.
[[Page 92]]
44.4b (b) If a committee reports a bill or joint resolution
that includes congressionally directed spending items,
limited tax benefits, or limited tariff benefits in the bill
or joint resolution, or in the committee report accompanying
the bill or joint resolution, the committee shall as soon as
practicable identify on a publicly accessible congressional
website each such item through lists, charts, or other
similar means, including the name of each Senator who
submitted a request to the committee for each item so
identified. Availability on the Internet of a committee
report that contains the information described in this
subparagraph shall satisfy the requirements of this
subparagraph.
44.4c (c) To the extent technically feasible, information made
available on publicly accessible congressional websites
under paragraphs 3 and 4 shall be provided in a searchable
format.
44.5 5. For the purpose of this rule--
44.5a
(a) the term ``congressionally directed spending
item'' means a provision or report language included
primarily at the request of a Senator providing,
authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other
expenditure with or to an entity, or targeted to a
specific State, locality or Congressional district,
other than through a statutory or administrative
formula-driven or competitive award process;
44.5b
(b) the term ``limited tax benefit'' means--
(1) any revenue provision that--
(A) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue
Code of 1986; and
(B) contains eligibility criteria that
are not uniform in application with respect
to potential beneficiaries of such
provision;
44.5c
(c) the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule
of the United States in a manner that benefits 10 or
fewer entities; and
44.5d
(d) except as used in subparagraph 8(e), the
term ``item'' when not preceded by ``congressionally
directed spending'' means any provision that is a
congression
[[Page 93]]
ally directed spending item, a limited tax benefit,
or a limited tariff benefit.
44.6a 6. (a) A Senator who requests a congressionally directed
spending item, a limited tax benefit, or a limited tariff
benefit in any bill or joint resolution (or an accompanying
report) or in any conference report (or an accompanying
joint statement of managers) shall provide a written
statement to the chairman and ranking member of the
committee of jurisdiction, including--
(1) the name of the Senator;
(2) in the case of a congressionally directed
spending item, the name and location of the intended
recipient or, if there is no specifically intended
recipient, the intended location of the activity;
(3) in the case of a limited tax or tariff
benefit, identification of the individual or
entities reasonably anticipated to benefit, to the
extent known to the Senator;
(4) the purpose of such congressionally directed
spending item or limited tax or tariff benefit; and
(5) a certification that neither the Senator nor
the Senator's immediate family has a pecuniary
interest in the item, consistent with the
requirements of paragraph 9.
44.6b (b) With respect to each item included in a Senate bill
or joint resolution (or accompanying report) reported by
committee or considered by the Senate, or included in a
conference report (or joint statement of managers
accompanying the conference report) considered by the
Senate, each committee of jurisdiction shall make available
for public inspection on the Internet the certifications
under subparagraph (a)(5) as soon as practicable.
44.7 7. In the case of a bill, joint resolution, or
conference report that contains congressionally directed
spending items in any classified portion of a report
accompanying the measure, the committee of jurisdiction
shall, to the greatest extent practicable, consistent with
the need to protect national security (including
intelligence sources and methods), include on the list
required by paragraph 1, 2, or 3 as the case may be, a
general program description in unclassified language,
funding level, and the name of the sponsor of that
congressionally directed spending item.
44.8a 8. (a) A Senator may raise a point of order against one
or more provisions of a conference report if they constitute
new directed spending provisions. The Presiding Officer
[[Page 94]]
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of
order.
44.8b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) the Senate shall proceed to consider the
question of whether the Senate should recede from
its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a
further amendment, which further amendment shall
consist of only that portion of the conference
report that has not been stricken; and
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report and no further amendment shall be in order.
44.8c (c) Any Senator may move to waive any or all points of
order under this paragraph with respect to the pending
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
44.8d (d) All appeals from rulings of the Chair under this
paragraph shall be debatable collectively for not to exceed
1 hour, equally divided between the Majority and the
Minority Leader or their designees. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under this paragraph.
44.8e (e) The term ``new directed spending provision'' as used
in this paragraph means any item that consists of a specific
provision containing a specific level of funding for any
specific account, specific program, specific project, or
specific activity, when no specific funding was provided for
such specific account, specific program, specific project,
or specific activity in the measure originally committed to
the conferees by either House.
[[Page 95]]
44.9 9. No Member, officer, or employee of the Senate shall
knowingly use his official position to introduce, request,
or otherwise aid the progress or passage of congressionally
directed spending items, limited tax benefits, or limited
tariff benefits a principal purpose of which is to further
only his pecuniary interest, only the pecuniary interest of
his immediate family, or only the pecuniary interest of a
limited class of persons or enterprises, when he or his
immediate family, or enterprises controlled by them, are
members of the affected class.
44.10 10. Any Senator may move to waive application of
paragraph 1, 2, or 3 with respect to a measure by an
affirmative vote of three-fifths of the Members, duly chosen
and sworn. A motion to waive under this paragraph with
respect to a measure shall be debatable for not to exceed 1
hour equally divided between the Majority Leader and the
Minority Leader or their designees. With respect to points
of order raised under paragraphs 1, 2, or 3, only one appeal
from a ruling of the Chair shall be in order, and debate on
such an appeal from a ruling of the Chair on such point of
order shall be limited to one hour.
44.11 11. Any Senator may move to waive all points of order
under this rule with respect to the pending measure or
motion by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. All motions to waive all
points of order with respect to a measure or motion as
provided by this paragraph shall be debatable collectively
for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees.
A motion to waive all points of order with respect to a
measure or motion as provided by this paragraph shall not be
amendable.
44.12 12. Paragraph 1, 2, or 3 of this rule may be waived by
joint agreement of the Majority Leader and the Minority
Leader of the Senate upon their certification that such
waiver is necessary as a result of a significant disruption
to Senate facilities or to the availability of the Internet.
[[Page 97]]
SELECT STANDING ORDERS NOT EMBRACED IN THE RULES AFFECTING
THE BUSINESS OF THE SENATE
Senate
Manual
Section
CHAMBER AND FLOOR PROCEDURE
Senate procedure for the 117th Congress...................60
Emergency authority relating to Senate
adjournments and recesses...............................61
Authorizing regulations relating to the use of
official equipment......................................62
Votes shall be cast from assigned desk....................63
Authorizing a Senator to bring a young son or
daughter of the Senator onto the floor of the
Senate during votes.....................................64
To permit an individual with a disability with
access to the Senate floor to bring necessary
supporting aids and services............................65
Flowers in the Senate Chamber.............................66
Reading of Washington's Farewell Address..................67
Designation of the ``Daniel Webster Desk''................68
Designation of the Jefferson Davis Desk...................69
Designation of the Henry Clay Desk........................70
Television and radio broadcast of Senate Chamber
proceedings.............................................71
Reading of conference reports.............................72
Public disclosure of notice of intent to object
to a measure or matter..................................73
Permitting the waiving of the reading of an
amendment...............................................74
To provide for expedited Senate consideration of
certain nominations subject to advice and
consent.................................................75
COMMITTEES AND OTHER SENATE ENTITIES
Committee on Appropriations authority.....................76
Consultants for the Committee on Appropriations
77
Select Committee on Ethics................................78
Select Committee on Ethics--additional
responsibility..........................................79
Select Committee on Ethics--Chairman and Vice-
chairman legislative assistants clerk-hire
allowance...............................................80
Authorizing the Select Committee on Ethics to
provide training assistance to its
professional staff......................................81
Select Committee on Intelligence..........................82
Homeland security and intelligence oversight..............83
Reorganization of Senate committee system.................84
Special Committee on Aging..............................85
Committee on Indian Affairs.............................86
Committee assignments; chairmanships..................86.1
Scheduling of committee meetings......................86.2
Continuing review of the committee system.............86.3
[[Page 98]]
Acceptance of gifts by the Committee on Rules
and Administration......................................87
Authorizing suit by Senate committees.....................88
National Security Working Group...........................89
EMPLOYEES
Special Deputies..........................................90
Office of Deputy President pro tempore....................91
Managing Political Fund Activity..........................92
Senate Parliamentarian Emeritus...........................93
Senate Chief Counsel for Employment Emeritus..............94
Senate Historian Emeritus.................................95
Senate Curator Emeritus...................................96
Senate Security Director Emeritus.........................97
Persons not full-time employees of the Senate.............98
Senate pages..............................................99
Closing the office of a Senator or Senate leader
who dies or resigns....................................100
Pay for certain displaced Senate officers and
employees..............................................101
Pay of clerical and other assistants as affected
by termination of service of appointed
Senators...............................................102
Leave without pay status for certain Senate
employees performing service in the uniformed
services...............................................103
Loyalty checks on Senate employees.......................104
Equal employment opportunities...........................105
Mandating anti-harassment training for Senators
and officers, employees, and interns of, and
detailees to the Senate................................106
SFC Sean Cooley and SPC Christopher Horton
congressional gold star family fellowship
program................................................107
McCain-Mansfield fellowship program......................108
Senate youth program.....................................109
Senior citizen internship program........................110
Senate employee child care center........................111
EXPENSES
Transportation costs and travel expenses
incurred by Members and employees of the
Senate when engaged in authorized foreign
travel.................................................112
Documentation required for reimbursements out of
Senators' official office expense accounts.............113
Restrictions on certain expenses payable or
reimbursable from a Senator's official office
expense account........................................114
Debt collection..........................................115
Tort claims procedures...................................116
Reimbursement of witness expenses........................117
Authorizing the Senate to participate in
government transit programs............................118
[[Page 99]]
ETHICS
Relative to contributions for costs of civil,
criminal, or other legal investigations of
Members, officers, or employees of the Senate
119
Clarifying rules regarding acceptance of pro
bono legal services by Senators........................120
Standards of conduct for Members of the Senate
and officers and employees of the Senate...............121
CEREMONIAL
Seal of the Senate.......................................122
Official Senate flag.....................................123
Seal of the President pro tempore........................124
Marble busts of Vice Presidents..........................125
Award of service pins or emblems.........................126
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.................127
Designating the extension to the Dirksen Senate
office building as the ``Philip A. Hart Senate
Office Building''......................................128
Prohibition on the removal of art and historic
objects from the Senate wing of the Capitol
and Senate office buildings for personal use
129
Commission on Art and Antiquities of the United
States Senate..........................................130
Interparliamentary activities and reception of
certain foreign officials..............................131
Authorizing the display of the Senate Leadership
Portrait Collection in the Senate lobby................132
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.........................133
RECORDS
Public access to Senate records at the National
Archives...............................................134
Printing in the Congressional Record.....................135
Printing of the Executive Journal........................136
Printing of memorial tributes to deceased former
Members of the Senate..................................137
Office of Senate Security................................138
[[Page 101]]
------------------------------------------------------------
SELECT STANDING ORDERS NOT EMBRACED IN THE RULES AFFECTING
THE BUSINESS OF THE SENATE
------------------------------------------------------------
60 SENATE PROCEDURE FOR THE 117TH CONGRESS
Section 1. Notwithstanding the provisions of rule XXV of
the Standing Rules of the Senate, or any other provision of
the Standing Rules or Standing Orders of the Senate--
(1) the committees of the Senate, including
joint committees and special committees, for the
117th Congress shall be composed equally of members
of both parties, to be appointed at a later time by
the two Leaders;
(2) the budgets and office space for such
committees, and all other subgroups, shall likewise
be equal, with up to an additional 10 percent to be
allocated for administrative expenses to be
determined by the Committee on Rules and
Administration, with the total administrative
expenses allocation for all committees not to exceed
historic levels; and
(3) the Chairman of a full committee may
discharge a subcommittee of any Legislative or
Executive Calendar item which has not been reported
because of a tie vote and place it on the full
committee's agenda.
Sec. 2. The committee ratios under section 1 shall
remain in effect for the remainder of the 117th Congress,
except that if at any time during the 117th Congress either
party attains a majority of the whole number of Senators,
then each committee ratio shall be adjusted to reflect the
ratio of the parties in the Senate, and the provisions of
this resolution shall have no further effect, except that
the members who were first appointed by the two Leaders to
such committees in the 117th Congress, pursuant to the
authority in this resolution, shall no longer be members of
the committees, and the committee chairmanships shall be
held by the party which has attained a majority of the whole
number of Senators.
[[Page 102]]
Sec. 3. Pursuant to the provisions and exceptions
described in sections 1 and 2, the following additional
Standing Orders of the Senate shall be in effect for the
117th Congress:
(1) If a committee has not reported out a
measure or matter because of a tie vote, then--
(A) the Chairman of the committee shall
transmit a notice of a tie vote to the
Secretary of the Senate and such notice
shall be printed in the Record; and
(B) after such notice of a tie vote has
been transmitted, the Majority Leader or the
Minority Leader may, only after consultation
with the Chairman and Ranking Member of the
committee, make a motion to discharge such
measure or matter, and time for debate on
such motion shall be limited to 4 hours, to
be equally divided between the two Leaders
or their designees, with no other motions,
points of order, or amendments in order:
Provided, That following the use or yielding
back of time, the Senate vote on the motion
to discharge, without any intervening
action, motion, or debate, and if agreed to,
the measure or matter be placed immediately
on the appropriate Calendar.
(2) Notwithstanding the provisions of rule XXII
of the Standing Rules of the Senate, to ensure that
any cloture motion shall be offered for the purpose
of bringing to a close debate, in no case shall it
be in order for any cloture motion to be presented
on an amendable item during its first 12 hours of
Senate debate: Provided, That all other provisions
of rule XXII remain in status quo.
Sec. 4. It is the sense of the Senate that both Leaders
shall seek to attain an equal balance of the interests of
the two parties when scheduling and debating legislative and
executive business generally, and in keeping with the
present Senate precedents, a motion to proceed to any
Legislative or Executive Calendar item shall continue to be
considered the prerogative of the Majority Leader, although
the Standing Rules of the Senate do not prohibit the right
of the Republican Leader, or any other Senator, to move to
proceed to any item.
[S. Res. 27, 117-1, Feb. 3, 2021.]
[[Page 103]]
61 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.]
62 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.]
63 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.]
64 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.]
[[Page 104]]
65 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.]
66 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.]
67 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 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.]
68 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.]
[[Page 105]]
69 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.]
70 DESIGNATION OF THE HENRY CLAY DESK
Resolved, That (a) 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.
(b) If, in any Congress, the senior Senator from the
State of Kentucky is serving as party leader, the desk
referred to in subsection (a) may be assigned to the junior
Senator from Kentucky upon the request of the senior
Senator.
[S. Res. 89, 106-1, Apr. 28, 1999; S. Res. 630, 109-2, Dec.
8, 2006.]
71 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
(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
[[Page 106]]
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;
(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.
[[Page 107]]
(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.
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,
[[Page 108]]
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. S9750-S9775.
---------------------------------------------------------------------------
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
access 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
[[Page 109]]
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.]
72 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.]
73 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 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
[[Page 110]]
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 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.
[[Page 111]]
(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.]
74 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--
(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.]
75 TO PROVIDE FOR EXPEDITED SENATE CONSIDERATION OF CERTAIN
NOMINATIONS SUBJECT TO ADVICE AND CONSENT
Resolved,
Sec. 1. Procedure For Consideration.
[[Page 112]]
(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
(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:
[[Page 113]]
(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).
(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).
[[Page 114]]
(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.
(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.
[[Page 115]]
(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.
(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.
[[Page 116]]
(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.]
76 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 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.]
[[Page 117]]
77 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.]
78 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.
---------------------------------------------------------------------------
(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, includ
[[Page 118]]
ing 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.
---------------------------------------------------------------------------
(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.
[[Page 119]]
(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 Members 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.
[[Page 120]]
(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.
(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.
[[Page 121]]
(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 appropriate. 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
[[Page 122]]
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 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.
[[Page 123]]
(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 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
[[Page 124]]
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 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.
[[Page 125]]
(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.]
79 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.]
[[Page 126]]
80 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.]
81 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.]
82 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
[[Page 127]]
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.
(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.
[[Page 128]]
(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:
(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.
[[Page 129]]
(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
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
fur
[[Page 130]]
ther 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.
(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
[[Page 131]]
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 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
[[Page 132]]
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 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
[[Page 133]]
(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 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
[[Page 134]]
(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).
(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
[[Page 135]]
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
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
[[Page 136]]
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.
(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:
[[Page 137]]
(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;
(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
[[Page 138]]
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.
(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.
[[Page 139]]
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.
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
[[Page 140]]
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, 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 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 shall have 5 additional
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
[[Page 141]]
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, March 9, 2006; S. Res. 50, 110-1, Feb. 14, 2007.]
83 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.
TITLE I--HOMELAND SECURITY OVERSIGHT REFORM
Sec. 101. Homeland Security.
(a) Committee on Homeland Security and
Government Affairs.--The Committee on Governmental
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
[[Page 142]]
(B)(i) the United States Citizenship and
Immigration Service; or
(ii) the immigration functions of the
United States Customs and Border Protection
or the United States Immigration and Custom
Enforcement or the Directorate of Border and
Transportation Security; and
(C) the following functions performed by
any employee of the Department of Homeland
Security--
(i) any customs revenue function
including any function provided for in
section 415 of the Homeland Security Act of
2002 (Public Law 107-296);
(ii) any commercial function or
commercial operation of the Bureau of
Customs and Border Protection or Bureau of
Immigration and Customs Enforcement,
including matters relating to trade
facilitation and trade regulation; or
(iii) any other function related to
clause (i) or (ii) that was exercised by the
United States Customs Service on the day
before the effective date of the Homeland
Security Act of 2002 (Public Law 107-296).
The jurisdiction of the Committee on Homeland Security
and Governmental Affairs in this paragraph shall supersede
the jurisdiction of any other committee of the Senate
provided in the rules of the Senate: Provided, That the
jurisdiction provided under section 101(b)(1) shall not
include the National Flood Insurance Act of 1968, or
functions of the Federal Emergency Management Agency related
thereto.
(2) Archives of the United States.
(3) Budget and accounting measures, other than
appropriations, except as provided in the
Congressional Budget Act of 1974.
(4) Census and collection of statistics,
including economic and social statistics.
(5) Congressional organization, except for any
part of the matter that amends the rules or orders
of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
[[Page 143]]
(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--
(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
[[Page 144]]
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.
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
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--
[[Page 145]]
(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''.
(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.
[[Page 146]]
``(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.''.
(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.''.
(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
[[Page 147]]
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 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.''.
(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--
[[Page 148]]
``(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 the select Committee, by
majority vote, may refer the question of the
disclosure of such information to the Senate for
consideration.''.
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.
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.
[[Page 149]]
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.
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.]
84 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''.
TITLE I--SENATE COMMITTEES; JURISDICTIONS AND SIZES
* * * * * * *
85 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 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.
---------------------------------------------------------------------------
[[Page 150]]
(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,
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.
[[Page 151]]
(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.)
86 COMMITTEE ON INDIAN AFFAIRS\13\
Sec. 105. (a)(1) There is established a 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 S. Res. 71, 103-1, Feb. 25, 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
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.
---------------------------------------------------------------------------
[[Page 152]]
(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.
(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.
* * * * * * *
[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, p. 34680; S. Res. 127, 98-2, June 6,
1984.]
86.1 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
[[Page 153]]
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.
* * * * * * *
86.2 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
updated 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\16\ 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.
---------------------------------------------------------------------------
\16\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
[[Page 154]]
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.
* * * * * * *
86.3 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 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.]
87 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.]
88 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 juris
[[Page 155]]
diction 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.]
89 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 States is 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;
[[Page 156]]
(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.
(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 referred to 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
[[Page 157]]
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.
(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
[[Page 158]]
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
professional staff member (including agency
contributions when appropriate) out of funds
made available under subsection (c)(2).
(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 avail
[[Page 159]]
able 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 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).
[[Page 160]]
(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.]
90 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.]
91 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\17\ per annum.
---------------------------------------------------------------------------
\17\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
[[Page 161]]
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.
(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.]
[[Page 162]]
92 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.]
93 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.]
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.]
94 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
[[Page 163]]
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.]
95 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;
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,
[[Page 164]]
Donald A. Ritchie is hereby designated as Historian Emeritus
of the United States Senate.
[S. Res. 147, 114-1, Apr. 22, 2015.]
96 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 published 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.]
97 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
[[Page 165]]
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, 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.]
98 PERSONS NOT FULL-TIME EMPLOYEES OF SENATE\18\
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.
---------------------------------------------------------------------------
\18\See also paragraphs 4 and 6 of rule XLI of the
Standing Rules of the Senate.
---------------------------------------------------------------------------
[S. Jour. 407, 78-2, Aug. 23, 1944.]
99 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.
[[Page 166]]
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
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.]
100 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 Sen
[[Page 167]]
ator. 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.
(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.
[[Page 168]]
(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 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.
[[Page 169]]
(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 (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.]
101 PAY FOR CERTAIN DISPLACED SENATE OFFICERS AND EMPLOYEES
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'' means the Chairman, Vice Chairman,
Cochairman and Ranking Minority Member of a
committee.
(3) The term ``eligible staff member'' means an
individual--
(A) who was--
(i) an employee of a committee or
subcommittee thereof or a Senate leadership
office described in subsection (b) of the
first section of this resolution,
[[Page 170]]
(ii) an employee in an office of a
Senator on the expiration of the term of
office of such Senator as a Senator, 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,
(iii) an employee in an office of a
Senator on the expiration of the term of
office of such Senator as a Senator, if the
Senator was a candidate in the general
election for the next term of office and the
office is not filled at the commencement of
that next term, or
(iv) an employee or officer (including
the Sergeant at Arms and Doorkeeper of the
Senate and the Secretary of the Senate) in
the office of--
(I) the Sergeant at Arms and
Doorkeeper of the Senate, or
(II) the Secretary of the Senate,
(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.
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,
(ii) in the case of employment
described in clause (ii) or (iii) of
paragraph (3)(A), the expiration of the term
of office of the Senator,
(iii) in the case of an individual
described in paragraph (3)(A)(iv)(I), a
change in the individual occupying the
position of Sergeant at Arms and Doorkeeper
of the Senate, or
[[Page 171]]
(iv) in the case of an individual
described in paragraph (3)(A)(iv)(II), a
change in the individual occupying the
position of Secretary of the Senate, and
(B) who is certified, not later than 60
days after the date of the change for an
eligible staff member described in clause
(i) of paragraph (3)(A), after the
expiration of the term of office of the
supervising Senator for an eligible staff
member described in clause (ii) or (iii) of
paragraph (3)(A), or after the change in the
individual occupying the position described
in clause (iii) or (iv) of subparagraph (A),
as applicable, as a displaced staff member
by the Chairman or Ranking Minority Member
of the committee, the Senator occupying the
Senate leadership office, the Senator whose
term is expiring, the Sergeant at Arms and
Doorkeeper of the Senate, or the Secretary
of the Senate, 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--
(A) in the case of a displaced staff
member described in clause (i), (ii), or
(iv) of subsection (a)(3)(A), 60 days
following the staff member's date of
termination or until the staff member
becomes otherwise gainfully employed,
whichever is earlier, and
(B) in the case of a displaced staff
member described in clause (iii) of
subsection (a)(3)(A), the earliest of--
(i) 60 days following the staff
member's date of termination;
(ii) the date the staff member becomes
otherwise gainfully employed; or
(iii) if the supervising Senator
qualifies for the next term of office as a
Senator not later
[[Page 172]]
than 60 days after the staff member's date
of termination, the date of such
qualification.
(2) A statement in writing by any such displaced
staff member 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)(1) Each displaced staff member described in clause
(iii) of subsection (a)(3)(A) may, with the approval,
direction, and supervision of the Secretary of the Senate,
perform limited duties such as archiving and transferring
case files.
(2) With respect to a Senator who was a
candidate in the general election for the next term
of office and for which the office is not filled at
the commencement of that next term, during the 60-
day period beginning on the first day of that next
term of office, the official office and State office
expenses relating to--
(A) archiving and transferring case
files of the Senator, with prior approval by
and upon vouchers approved and obligated by
the Secretary of the Senate; and
(B) rent for office space upon vouchers
approved and obligated by the Sergeant at
Arms and Doorkeeper of the Senate, shall be
paid from the account for Miscellaneous
Items within the contingent fund of the
Senate.
(e) 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; S. Res. 805, 116-2; Dec. 17, 2020; S. Res. 30,
117-1, Feb. 3, 2021; S. Res. 108, 117-1, Mar. 11, 2021.]
102 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,
[[Page 173]]
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.]
103 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--
(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.]
[[Page 174]]
104 LOYALTY CHECKS ON SENATE EMPLOYEES\19\
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.
---------------------------------------------------------------------------
\19\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.]
105 EQUAL EMPLOYMENT OPPORTUNITIES\20\
Whereas the Senate supports the principle that each
individual is entitled to the equal protection of the
laws guaranteed by the Fourteenth Article of Amendment
to the Constitution of the United States; and
---------------------------------------------------------------------------
\20\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--
[[Page 175]]
(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.]
106 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
(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
[[Page 176]]
(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 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
[[Page 177]]
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, or Senate 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).
(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
[[Page 178]]
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.]
107 SFC SEAN COOLEY AND SPC CHRISTOPHER HORTON CONGRESSIONAL
GOLD STAR FAMILY FELLOWSHIP PROGRAM
Resolved,
(a) Definitions.--In this section--
(1) the term ``eligible individual'' means an
individual who meets the eligibility criteria
established under subsection (d)(1)(A);
(2) the term ``Program'' means the SFC Sean
Cooley and SPC Christopher Horton Congressional Gold
Star Family Fellowship Program established under
subsection (b); and
(3) the term ``Sergeant at Arms'' means the
Sergeant at Arms and Doorkeeper of the Senate.
(b) Establishment.--Not later than December 31, 2023,
and subject to the availability of appropriations, the
Sergeant at Arms shall establish a fellowship program to be
known as the SFC Sean Cooley and SPC Christopher Horton
Congressional Gold Star Family Fellowship Program for family
members of members of the Armed Forces who die in the line
of duty or of veterans who die of service-connected
injuries.
(c) Fellowships.--Under the Program, an eligible
individual may serve a 24-month fellowship in the office of
a Senator.
(d) Administration.--
(1) In General.--The Committee on Rules and
Administration of the Senate shall promulgate regula
[[Page 179]]
tions for the administration of the Program,
including establishing the criteria for--
(A) eligibility to participate in a
fellowship under the Program; and
(B) a method of prioritizing the
assignment of fellowships to the offices of
Senators under the Program, if the amount
made available to carry out the Program for
a fiscal year is not enough to provide
fellowships in all offices requesting to
participate in the Program for such fiscal
year.
(2) Placement.--An eligible individual may serve
in a fellowship under the Program at the office of a
Senator in the District of Columbia or at a State
office of the Senator.
(3) Authority for Agreement.--The Sergeant at
Arms may enter into an agreement with the Chief
Administrative Officer of the House of
Representatives for the joint operation of the
Program, the Congressional Gold Star Family
Fellowship Program established under House
Resolution 107, 116th Congress, agreed to October
29, 2019, and the Wounded Warrior Fellowship Program
carried out by the Chief Administrative Officer.
(e) Exclusion of Appointees for Purposes of Compensation
Limits.--The compensation paid to any eligible individual
serving in a fellowship under the Program in the office of a
Senator shall not be included in the determination of the
aggregate gross compensation for employees employed by the
Senator under section 105(d)(1) of the Legislative Branch
Appropriation Act, 1968 (20 U.S.C. 4575(d)(1)).
[S. Res. 442, 117-1, Nov. 4, 2021.]
108 MCCAIN-MANSFIELD FELLOWSHIP PROGRAM
Resolved,
(a) Definitions.--In this section--
(1) the term ``eligible individual'' means an
individual who meets the eligibility criteria
established under subsection (d)(1)(A);
(2) the term ``Program'' means the McCain-
Mansfield Fellowship Program established under
subsection (b); and
(3) the term ``Sergeant at Arms'' means the
Sergeant at Arms and Doorkeeper of the Senate.
(b) Establishment.--Not later than December 31, 2023,
and subject to the availability of appropriations, the Ser
[[Page 180]]
geant at Arms shall establish a fellowship program to be
known as the McCain-Mansfield Fellowship Program for wounded
or disabled veterans.
(c) Fellowships.--Under the Program, an eligible
individual may serve a 24-month fellowship in the office of
a Senator.
(d) Administration.--
(1) In General.--The Committee on Rules
and Administration of the Senate shall
promulgate regulations for the
administration of the Program, including
establishing the criteria for--
(A) eligibility to participate in a
fellowship under the Program; and
(B) a method of prioritizing the
assignment of fellowships to the offices of
Senators under the Program, if the amount
made available to carry out the Program for
a fiscal year is not enough to provide
fellowships in all offices requesting to
participate in the Program for such fiscal
year.
(2) Placement.--An eligible individual
may serve in a fellowship under the Program
at the office of a Senator in the District
of Columbia or at a State office of the
Senator.
(3) Authority for Agreement.--The
Sergeant at Arms may enter into an agreement
with the Chief Administrative Officer of the
House of Representatives for the joint
operation of the Program, the Congressional
Gold Star Family Fellowship Program
established under House Resolution 107,
116th Congress, agreed to October 29, 2019,
and the Wounded Warrior Fellowship Program
carried out by the Chief Administrative
Officer.
(e) Exclusion of Appointees for Purposes of Compensation
Limits.--The compensation paid to any eligible individual
serving in a fellowship under the Program in the office of a
Senator shall not be included in the determination of the
aggregate gross compensation for employees employed by the
Senator under section 105(d)(1) of the Legislative Branch
Appropriation Act, 1968 (20 U.S.C. 4575(d)(1)).
[S. Res. 443, 117-1, Nov. 4, 2021.]
109 SENATE YOUTH PROGRAM
Whereas the continued vitality of our Republic depends, in
part, on the intelligent understanding of our political
[[Page 181]]
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
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
[[Page 182]]
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 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.]
110 SENIOR CITIZEN INTERNSHIP PROGRAM
Resolved, That (a) each Senator is authorized to employ
for not more than fourteen consecutive days each year dur
[[Page 183]]
ing 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.
(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.]
111 SENATE EMPLOYEE CHILD CARE CENTER
Resolved,
(a) Definitions.--In this section--
(1) the term ``Board'' means the Board of
Directors of the Center;
(2) the term ``Center'' means the Senate
Employee Child Care Center;
(3) the term ``Congressional employee'' means a
Congressional employee, as defined in section 2107
of title 5, United States Code, who is not an
employee of the Senate or an employee of the Center;
(4) the term ``employee of the Senate'' has the
meaning given that term in section 207(e)(9) of
title 18, United States Code; and
(5) the term ``Federal employee'' means an
employee, as defined in section 2105 of title 5,
United States Code, who is not an employee of the
Senate,
[[Page 184]]
an employee of the Center, or a Congressional
employee.
(b) Reimbursement.--For fiscal year 2022, and each
fiscal year thereafter, the Secretary of the Senate shall,
from amounts in the appropriations account ``Miscellaneous
Items'' within the contingent fund of the Senate, reimburse
the Center for the cost of the basic pay paid to the
Executive Director and the cost of the basic pay paid to the
Assistant Director of the Center.
(c) Enrollment.--
(1) In General.--As a condition of receiving
reimbursement under subsection (b), not later than
120 days after the date on which no parent or
guardian of a child enrolled at the Center is
serving in a position as an employee of the Senate,
an employee of the Center, a Congressional employee,
or a Federal employee, the Center shall terminate
the enrollment of the child at the Center.
(2) Order.--As a condition of receiving
reimbursement under subsection (b), the Center shall
provide enrollment--
(A) first, to a child of an individual
serving as a Senate employee or as an
employee of the Center;
(B) second, to a child of an individual
serving as a Congressional employee; and
(C) third, if there is an enrollment
slot available in the Center, no child of an
individual serving as an employee of the
Senate, as an employee of the Center, or as
a Congressional employee accepts the slot,
and no currently enrolled child is ready to
transition to the class in which the slot is
available, to a child of an individual
serving as a Federal employee.
(3) Effective Date; Application.--
(A) In General.--Paragraph (1) shall
take effect on the date that is 180 days
after the date of adoption of this
resolution.
(B) Application To Employees Separating
From Service Before Effective Date.--For
purposes of applying paragraph (1) to a
parent or guardian of a child enrolled at
the Center who ceases serving in a position
as a Congressional employee, an employee of
the Center, or Federal employee before the
date on which paragraph (1) takes ef
[[Page 185]]
fect, the parent or guardian shall be deemed
to have separated from such service on the
date on which paragraph (1) takes effect.
[S. Res. 329, 117-1, Jul. 29, 2021.]
112
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.
(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
cur
[[Page 186]]
rencies 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 (including 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.]
113 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
[[Page 187]]
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.]
114
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 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
[[Page 188]]
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).
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.]
115 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
[[Page 189]]
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.]
116 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.
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.]
117 REIMBURSEMENT OF WITNESS EXPENSES\21\
Resolved, That witnesses appearing before the Senate or
any of its committees may be authorized reimbursement
[[Page 190]]
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.
---------------------------------------------------------------------------
\21\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.]
118 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, and at
the discretion of, its Members, committees, officers, and
officials.
[S. Res. 318, 102-2, June 23, 1992.]
119 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
[[Page 191]]
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.]
120 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.]
121 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
[[Page 192]]
but generally accepted standards that continue to apply to
the Senate.
* * * * * *
[S. Jour. 247, 90-2, Mar. 22, 1968.]
122 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.]
123 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;
(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.]
124 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.
[[Page 193]]
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.]
125 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.]
126 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 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.]
[[Page 194]]
127
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.]
128
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
[[Page 195]]
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.]
129 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.]
130 COMMISSION ON ART AND ANTIQUITIES OF THE UNITED STATES
SENATE\22\
---------------------------------------------------------------------------
\22\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.]
131 INTERPARLIAMENTARY ACTIVITIES AND RECEPTION OF CERTAIN
FOREIGN OFFICIALS
Resolved, That the Committee on Foreign Relations is
authorized from March 1, 1981, until otherwise provided
[[Page 196]]
by law, to expend not to exceed $30,000 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; S. Res. 370, 106-2,
Oct. 10, 2000.]
132 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 of
the Committee on Rules and Administration, to carry out this
resolution.
[S. Res. 148, 109-1, May 18, 2005.]
133 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
[[Page 197]]
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.
(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
Cap
[[Page 198]]
itol 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.]
134 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 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
[[Page 199]]
(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.]
135 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 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.]
136 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.]
[[Page 200]]
137 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.]
138 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.
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
[[Page 201]]
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
(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.
(c) Within 90 days after taking office, the Director
shall conduct a survey to determine the number of officers
and
[[Page 202]]
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 203]]
------------------------------------------------------------
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 204]]
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 205]]
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 206]]
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 207]]
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 208]]
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 209]]
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 210]]
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 211]]
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 212]]
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 213]]
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 214]]
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 215]]
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.