[Senate Document 113-18]
[From the U.S. Government Publishing Office]
113th Congress Document
1st Session SENATE 113-18
_______________________________________________________________________
STANDING RULES OF THE SENATE
Revised to January 24, 2013
November 4, 2013.--Ordered to be printed
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113th Congress
1st Session SENATE Document 113-18
_______________________________________________________________________
STANDING RULES OF THE SENATE
Revised to January 24, 2013
November 4, 2013.--Ordered to be printed
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COMMITTEE ON RULES AND ADMINISTRATION
CHARLES E. SCHUMER, New York, Chairman
DIANNE FEINSTEIN, California PAT ROBERTS, Kansas
RICHARD J. DURBIN, Illinois MITCH McCONNELL, Kentucky
PATTY MURRAY, Washington THAD COCHRAN, Mississippi
MARK L. PRYOR, Arkansas C. SAXBY CHAMBLISS, Georgia
TOM UDALL, New Mexico LAMAR ALEXANDER, Tennessee
MARK WARNER, Virginia RICHARD C. SHELBY, Alabama
PATRICK J. LEAHY, Vermont ROY BLUNT, Missouri
AMY KLOBUCHAR, Minnesota TED CRUZ, Texas
ANGUS KING, Maine
Jean Parvin Bordewich, Staff Director
Mary Suit Jones, Republican Staff Director
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S. RES. 285
Authorizing the Committee on Rules and Administration to prepare a
revised edition of the Standing Rules of the Senate as a Senate
document.
IN THE SENATE OF THE UNITED STATES
Mr. Schumer submitted the following resolution; which was referred to
the Committee on Rules and Administration
November 4, 2013
RESOLUTION
Authorizing the Committee on Rules and Administration to prepare a
revised edition of the Standing Rules of the Senate as a Senate
document.
Resolved,
SECTION 1. PRINTING THE STANDING RULES OF THE SENATE.
(a) Authorizations.--The Committee on Rules and Administration
shall prepare a revised edition of the Standing Rules of the Senate and
such standing rules shall be printed as a Senate document.
(b) Additional Copies.--In addition to the usual number, 1,750
additional copies shall be printed for use by the Committee on Rules
and Administration.
(ii)
C O N T E N T S
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Rule Page
I. Appointment of a Senator to the Chair............................................................. 1
II. Presentation of credentials and questions of privilege.... 1
III. Oaths...................................................... 3
IV. Commencement of daily sessions............................ 3
V. Suspension and amendment of the rules..................... 4
VI. Quorum--absent Senators may be sent for................... 4
VII. Morning business.......................................... 5
VIII. Order of business......................................... 6
IX. Messages.................................................. 6
X. Special orders............................................ 7
XI. Papers--withdrawal, printing, reading of, and reference... 7
XII. Voting procedure.......................................... 8
XIII. Reconsideration........................................... 8
XIV. Bills, joint resolutions, resolutions, and preambles
thereto................................................ 9
XV. Amendments and motions.................................... 10
XVI. Appropriations and amendments to general appropriations
bills.................................................. 11
XVII. Reference to committees; motions to discharge; reports of
committees; and hearings available..................... 12
XVIII. Business continued from session to session................ 13
XIX. Debate.................................................... 14
XX. Questions of order........................................ 15
XXI. Session with closed doors................................. 15
XXII. Precedence of motions..................................... 15
XXIII. Privilege of the floor.................................... 17
XXIV. Appointment of committees................................. 18
XXV. Standing committees........................................................ 19
Agriculture, Nutrition, and Forestry.................... 19
Appropriations.......................................... 19
Armed Services.......................................... 20
Banking, Housing, and Urban Affairs..................... 20
Budget.................................................. 21
Commerce, Science, and Transportation................... 21
Energy and Natural Resources............................ 22
Environment and Public Works............................ 22
Finance................................................. 23
Foreign Relations....................................... 23
Governmental Affairs (Homeland Security and Governmental
Affairs)............................................ 24
Health, Education, Labor, and Pensions.................. 25
Judiciary............................................... 25
Rules and Administration................................ 26
Small Business and Entrepreneurship..................... 27
Veterans' Affairs....................................... 27
Number of members....................................... 28
Limitations and exceptions in respect to committee
membership.......................................... 29
XXVI. Committee procedure....................................... 31
XXVII. Committee staff........................................... 39
XXVIII. Conference committees; reports; open meetings.............. 39
XXIX. Executive sessions........................................ 42
XXX. Executive session--proceedings on treaties................ 43
XXXI. Executive session--proceedings on nominations............. 45
XXXIII. Senate Chamber--Senate wing of the Capitol................ 45
XXXIV. Public financial disclosure............................... 45
XXXV. Gifts..................................................... 46
XXXVI. Outside earned income..................................... 56
XXXVII Conflict of interest...................................... 56
.
XXXVII Prohibition of unofficial office accounts................. 61
I.
XXXIX. Foreign travel............................................ 62
XL. Franking privilege and radio and television studios....... 63
XLI. Political fund activity; definitions...................... 64
XLII. Employment practices...................................... 66
XLIII. Representation by Members................................. 66
XLIV. Congressionally directed spending and related items....... 67
Appendix.................................................. 73
Index..................................................... 82
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.]
----------
RULE I
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.
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.
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 extend beyond an adjournment,
except by unanimous consent.
RULE II
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. 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.
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\
\1\All year designations within the following certificates were
changed from 19 to 20 by S. Res. 99, 106-2, Apr. 27, 2000.
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``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--.
``Witness: His excellency our governor ----, and our seal
hereto affixed at ---- this -- day of --, in the year of our
Lord 20--.
``By the governor:
``C---- D----,
``Governor.
``E---- F----,
``Secretary of State.''
``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.''
``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.''
RULE III
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.
``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.)
RULE IV
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.
---------------------------------------------------------------------------
(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.
(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 a brief
statement of the contents of each petition, memorial, or paper
presented to the Senate, shall be entered.
(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.
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.
RULE V
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.
2. The rules of the Senate shall continue from one Congress
to the next Congress unless they are changed as provided in
these rules.
RULE VI
1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
2. No Senator shall absent himself from the service of the
Senate without leave.
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.
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 recess pursuant to a previous
order entered by unanimous consent, shall be in order.
RULE VII
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.
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.
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 pending at that
time shall be suspended for this purpose. Any motion so made
shall be determined without debate.
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.
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.
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.
RULE VIII
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 objected
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.
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.
RULE IX
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.
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.
RULE X
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 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.
2. All motions to change such order, or to proceed to the
consideration of other business, shall be decided without
debate.
RULE XI
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.
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.
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.
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.
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.
6. Every bill and joint resolution introduced or reported
from a committee, and all bills and joint resolutions received
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.
RULE XII
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.
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.
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.
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.
RULE XIII
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.
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.
RULE XIV
1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
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.
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 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.
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.
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.
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.
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.
8. When a bill or resolution is accompanied by a preamble,
the question shall first be put on the bill or resolution 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.
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.
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.
RULE XV
1. (a)\3\ An amendment and any instruction accompanying a
motion to recommit shall be reduced to writing and read and
identical copies shall be provided by the Senator offering the
amendment or instruction to the desks of the Majority Leader
and the Minority Leader before being debated.
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\3\Pursuant to Pub. L. 110-81, Sep. 14, 2007, paragraph 1 was
amended.
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(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.
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.
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 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.
4. When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice,
such measure.
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.
RULE XVI
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.
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.
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.
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.
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.
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.
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.
8. On a point of order made by any Senator, no general
appropriation bill or amendment thereto shall be received 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.
RULE XVII
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.
2. A motion simply to refer shall not be open to amendment,
except to add instructions.
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.
(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.
(c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
(d) Any motion under this paragraph may specify the portion
or portions of proposed legislation to be considered 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.
(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.
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.
(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.
5.\4\ Any measure or matter reported by any standing
committee shall not be considered in the Senate unless the
report of that committee upon that measure or matter has been
available to Members for at least two calendar days (excluding
Sundays and legal holidays) prior to the consideration of that
measure or matter. If hearings have been held on any such
measure or matter so reported, the committee reporting the
measure or matter shall make every reasonable effort to have
such hearings printed and available for distribution to the
Members of the Senate prior to the consideration of such
measure or matter in the Senate. This paragraph--
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\4\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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(1) may be waived by joint agreement of the majority
leader and the minority leader of the Senate; and
(2) shall not apply to--
(A) any measure for the declaration of war,
or the declaration of a national emergency, by
the Congress, and
(B) any executive decision, determination, or
action which would become, or continue to be,
effective unless disapproved or otherwise
invalidated by one or both Houses of Congress.
RULE XVIII
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.
RULE XIX
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.
(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.
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.
3. No Senator in debate shall refer offensively to any
State of the Union.
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 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.
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.
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.
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.
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.
RULE XX
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.
2. The Presiding Officer may submit any question of order
for the decision of the Senate.
RULE XXI
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.
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.
RULE XXII
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.
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, and one hour
after the Senate meets on the following calendar day but one,
he shall lay the motion before the Senate and direct that the
clerk call the roll, and upon the ascertainment that a quorum
is present, the Presiding Officer shall, without debate, submit
to the Senate by a yea-and-nay vote the question:
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\5\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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``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, decided without debate, by a three-fifths
affirmative vote of the Senators duly chosen and sworn, and any
such time thus agreed upon shall be equally divided between and
controlled by the Majority and Minority Leaders or their
designees. However, only one motion to extend time, specified
above, may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted after
cloture has been invoked, amendments which were in order prior
to the reprinting of the measure or matter will continue to be
in order and may be conformed and reprinted at the request of
the amendment's sponsor. The conforming changes must be limited
to lineation and pagination.
No Senator shall call up more than two amendments until
every other Senator shall have had the opportunity to do
likewise.
Notwithstanding other provisions of this rule, a Senator
may yield all or part of his one hour to the majority or
minority floor managers of the measure, motion, or matter or to
the Majority or Minority Leader, but each Senator specified
shall not have more than two hours so yielded to him and may in
turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any
Senator who has not used or yielded at least ten minutes, is,
if he seeks recognition, guaranteed up to ten minutes,
inclusive, to speak only.
After cloture is invoked, the reading of any amendment,
including House amendments, shall be dispensed with when the
proposed amendment has been identified and has been available
in printed form at the desk of the Members for not less than
twenty-four hours.
3.\6\If a cloture motion on a motion to proceed to a
measure or matter is presented in accordance with this rule and
is signed by 16 Senators, including the Majority Leader, the
Minority Leader, 7 additional Senators not affiliated with the
majority, and 7 additional Senators not affiliated with the
minority, one hour after the Senate meets on the following
calendar day, the Presiding Officer, or the clerk at the
direction of the Presiding Officer, shall lay the motion before
the Senate. If cloture is then invoked on the motion to
proceed, the question shall be on the motion to proceed,
without further debate.
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\6\As amended by S. Res. 16, 113-1, Jan. 24, 2013.
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RULE XXIII
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:
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\7\Paragraph numbered pursuant to Pub. L. 110-81, Sep. 14, 2007.
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The President of the United States and his private
secretary.
The President elect and Vice President elect of the
United States.
Ex-Presidents and ex-Vice Presidents of the United
States.
Judges of the Supreme Court.
Ex-Senators and Senators elect, except as provided in
paragraph 2.\8\
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\8\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
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The officers and employees of the Senate in the
discharge of their official duties.
Ex-Secretaries and ex-Sergeants at Arms of the
Senate, except as provided in paragraph 2.\9\
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\9\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
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Members of the House of Representatives and Members
elect.
Ex-Speakers of the House of Representatives, except
as provided in paragraph 2.\10\
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\10\As amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
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The Sergeant at Arms of the House and his chief
deputy and the Clerk of the House and his deputy.
Heads of the Executive Departments.
Ambassadors and Ministers of the United States.
Governors of States and Territories.
Members of the Joint Chiefs of Staff.
The General Commanding the Army.
The Senior Admiral of the Navy on the active list.
Members of National Legislatures of foreign countries
and Members of the European Parliament.
Judges of the Court of Claims.
The Mayor of the District of Columbia.
The Librarian of Congress and the Assistant Librarian
in charge of the Law Library.
The Architect of the Capitol.
The Chaplain of the House of Representatives.
The Secretary of the Smithsonian Institution.
The Parliamentarian Emeritus of the Senate.
Members of the staffs of committees of the Senate and
joint committees of the Congress when in the discharge
of their official duties and employees in the office of
a Senator when in the discharge of their official
duties (but in each case subject to such rules or
regulations as may be prescribed by the Committee on
Rules and Administration). Senate committee staff
members and employees in the office of a Senator must
be on the payroll of the Senate and members of joint
committee staffs must be on the payroll of the Senate
or the House of Representatives.
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--
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\11\Paragraphs 2 and 3 added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(1) a registered lobbyist or agent of a foreign
principal; or
(2) in the employ of or represents any party or
organization for the purpose of influencing, directly
or indirectly, the passage, defeat, or amendment of any
Federal legislative proposal.
(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.
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--
(a) a registered lobbyist or agent of a foreign
principal; or
(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.
RULE XXIV
1. In the appointment of the standing committees, or to
fill vacancies thereon, the Senate, unless otherwise ordered,
shall by resolution appoint the chairman of each such committee
and the other members thereof. On demand of any Senator, a
separate vote shall be had on the appointment of the chairman
of any such committee and on the appointment of the other
members thereof. Each such resolution shall be subject to
amendment and to division of the question.
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.
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.
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.
RULE XXV
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:
(a)(1) Committee on Agriculture, Nutrition, and Forestry,
to which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
primarily to the following subjects:
1. Agricultural economics and research.
2. Agricultural extension services and experiment
stations.
3. Agricultural production, marketing, and
stabilization of prices.
4. Agriculture and agricultural commodities.
5. Animal industry and diseases.
6. Crop insurance and soil conservation.
7. Farm credit and farm security.
8. Food from fresh waters.
9. Food stamp programs.
10. Forestry, and forest reserves and wilderness
areas other than those created from the public domain.
11. Home economics.
12. Human nutrition.
13. Inspection of livestock, meat, and agricultural
products.
14. Pests and pesticides.
15. Plant industry, soils, and agricultural
engineering.
16. Rural development, rural electrification, and
watersheds.
17. School nutrition programs.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to food, nutrition, and
hunger, both in the United States and in foreign countries, and
rural affairs, and report thereon from time to time.
(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).
(c)(1) Committee on Armed Services, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Aeronautical and space activities peculiar to or
primarily associated with the development of weapons
systems or military operations.
2. Common defense.
3. Department of Defense, the Department of the Army,
the Department of the Navy, and the Department of the
Air Force, generally.
4. Maintenance and operation of the Panama Canal,
including administration, sanitation, and government of
the Canal Zone.
5. Military research and development.
6. National security aspects of nuclear energy.
7. Naval petroleum reserves, except those in Alaska.
8. Pay, promotion, retirement, and other benefits and
privileges of members of the Armed Forces, including
overseas education of civilian and military dependents.
9. Selective service system.
10. Strategic and critical materials necessary for
the common defense.
(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.
(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.
(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.
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\12\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the Committee on
Budget's jurisdiction was amended although the Standing Rules were not
modified. (See appendix for Titles I, III and V of S. Res. 445, 108-2).
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(2) Such committee shall have the duty--
(A) to report the matters required to be reported by
it under titles III and IV of the Congressional Budget
Act of 1974;
(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.
(f)(1) Committee on Commerce, Science, and Transportation,
to which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating to
the following subjects:
1. Coast Guard.
2. Coastal zone management.
3. Communications.
4. Highway safety.
5. Inland waterways, except construction.
6. Interstate commerce.
7. Marine and ocean navigation, safety, and
transportation, including navigational aspects of
deepwater ports.
8. Marine fisheries.
9. Merchant marine and navigation.
10. Nonmilitary aeronautical and space sciences.
11. Oceans, weather, and atmospheric activities.
12. Panama Canal and interoceanic canals generally,
except as provided in subparagraph (c).
13. Regulation of consumer products and services,
including testing related to toxic substances, other
than pesticides, and except for credit, financial
services, and housing.
14. Regulation of interstate common carriers,
including railroads, buses, trucks, vessels, pipelines,
and civil aviation.
15. Science, engineering, and technology research and
development and policy.
16. Sports.
17. Standards and measurement.
18. Transportation.
19. Transportation and commerce aspects of Outer
Continental Shelf lands.
(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.
(g)(1) Committee on Energy and Natural Resources, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Coal production, distribution, and utilization.
2. Energy policy.
3. Energy regulation and conservation.
4. Energy related aspects of deepwater ports.
5. Energy research and development.
6. Extraction of minerals from oceans and Outer
Continental Shelf lands.
7. Hydroelectric power, irrigation, and reclamation.
8. Mining education and research.
9. Mining, mineral lands, mining claims, and mineral
conservation.
10. National parks, recreation areas, wilderness
areas, wild and scenic rivers, historical sites,
military parks and battlefields, and on the public
domain, preservation of prehistoric ruins and objects
of interest.
11. Naval petroleum reserves in Alaska.
12. Nonmilitary development of nuclear energy.
13. Oil and gas production and distribution.
14. Public lands and forests, including farming and
grazing thereon, and mineral extraction therefrom.
15. Solar energy systems.
16. Territorial possessions of the United States,
including trusteeships.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to energy and resources
development, and report thereon from time to time.
(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.
(i) Committee on Finance, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
1. Bonded debt of the United States, except as
provided in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry
and delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and
health programs financed by a specific tax or trust
fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in
the Congressional Budget Act of 1974.
9. Revenue measures relating to the insular
possessions.
10. Tariffs and import quotas, and matters related
thereto.
11. Transportation of dutiable goods.
(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.
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.
(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:
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\13\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the Committee on
Homeland Security and Governmental Affairs shall be treated as the
Committee on Governmental Affairs listed under paragraph 2 of rule XXV
of the Standing Rules of the Senate for purposes of the Standing Rules
of the Senate. The resolution also amended the jurisdiction of the
Committee although the Standing Rules were not modified. (See appendix
for Titles I, III and V of S. Res. 445, 108-2).
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1. Archives of the United States.
2. Budget and accounting measures, other than
appropriations, except as provided in the Congressional
Budget Act of 1974.
3. Census and collection of statistics, including
economic and social statistics.
4. Congressional organization, except for any part of
the matter that amends the rules or orders of the
Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of Columbia,
except appropriations therefor.
9. Organization and management of United States
nuclear export policy.
10. Organization and reorganization of the executive
branch of the Government.
11. Postal Service.
12. Status of officers and employees of the United
States, including their classification, compensation,
and benefits.
(2) Such committee shall have the duty of--
(A) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(B) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(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.
(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:
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\14\Name changed pursuant to S. Res. 28, 106-1, Jan. 21, 1999;
redesignated as subparagraph (l) by S. Res. 299, 106-2, Apr. 27, 2000.
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1. Measures relating to education, labor, health, and
public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by
convicts into interstate commerce.
8. Domestic activities of the American National Red
Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and Saint
Elizabeths Hospital.
11. Individuals with disabilities.\15\
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\15\As amended, S. Res. 28, 106-1, Jan. 21, 1999.
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12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including the
welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health, education and
training, and public welfare, and report thereon from time to
time.
(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:
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\16\Redesignated as subparagraph (m) by S. Res. 299, 106-2, Apr.
27, 2000.
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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.
(n)(1) Committee on Rules and Administration, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Administration of the Senate Office Buildings and
the Senate wing of the Capitol, including the
assignment of office space.
2. Congressional organization relative to rules and
procedures, and Senate rules and regulations, including
floor and gallery rules.
3. Corrupt practices.
4. Credentials and qualifications of Members of the
Senate, contested elections, and acceptance of
incompatible offices.
5. Federal elections generally, including the
election of the President, Vice President, and Members
of the Congress.
6. Government Printing Office, and the printing and
correction of the Congressional Record, as well as
those matters provided for under rule XI.
7. Meetings of the Congress and attendance of
Members.
8. Payment of money out of the contingent fund of the
Senate or creating a charge upon the same (except that
any resolution relating to substantive matter within
the jurisdiction of any other standing committee of the
Senate shall be first referred to such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and erection of
monuments to the memory of individuals.
11. Senate Library and statuary, art, and pictures in
the Capitol and Senate Office Buildings.
12. Services to the Senate, including the Senate
restaurant.
13. United States Capitol and congressional office
buildings, the Library of Congress, the Smithsonian
Institution (and the incorporation of similar
institutions), and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization and
operation of the Congress of the United States and
shall recommend improvements in such organization and
operation with a view toward strengthening the
Congress, simplifying its operations, improving its
relationships with other branches of the United States
Government, and enabling it better to meet its
responsibilities under the Constitution of the United
States;
(B) identify any court proceeding or action which, in
the opinion of the Committee, is of vital interest to
the Congress as a constitutionally established
institution of the Federal Government and call such
proceeding or action to the attention of the Senate;
and
(C)\17\ develop, implement, and update as necessary a
strategy planning process and a strategic plan for the
functional and technical infrastructure support of the
Senate and provide oversight over plans developed by
Senate officers and others in accordance with the
strategic planning process.
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\17\As added, S. Res. 151, 105-1, Nov. 9, 1997.
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(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.
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\18\As added, S. Res. 101, 97-1, Mar. 25, 1981; name changed
pursuant to S. Res. 123, 107-1, June 29, 2001.
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(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.
(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:
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\19\Redesignated as subparagraph (p) by S. Res. 101, 97-1, Mar. 25,
1981.
---------------------------------------------------------------------------
1. Compensation of veterans.
2. Life insurance issued by the Government on account
of service in the Armed Forces.
3. National cemeteries.
4. Pensions of all wars of the United States, general
and special.
5. Readjustment of servicemen to civil life.
6. Soldiers' and sailors' civil relief.
7. Veterans' hospitals, medical care and treatment of
veterans.
8. Veterans' measures generally.
9. Vocational rehabilitation and education of
veterans.
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:
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\20\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res. 365, 97-2,
Apr. 20, 1982; S. Res. 380, 97-2, Apr. 27, 1982; S. Res. 6, 98-1, Jan.
3, 1983; S. Res. 20, 98-1, Jan. 27, 1983; S. Res. 53, 98-1, Feb. 3,
1983; S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 74, 99-1, Feb. 21, 1985;
S. Res. 14, 100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12, 1987; S.
Res. 43, 101-1, Feb. 2, 1989; S. Res. 43, 102-1, Feb. 5, 1991; S. Res.
135, 102-1, June 4, 1991; S. Res. 4, 103-1, Jan. 7, 1993; S. Res. 130,
103-1, July 1, 1993; S. Res. 132, 103-1, July 15, 1993; S. Res. 14,
104-1, Jan. 5, 1995; S. Res. 92, 104-1, Mar. 24, 1995; S. Res. 9, 105-
1, Jan. 9, 1997; HELP/Judiciary reversed pursuant to S. Res. 299, 106-
2, Apr. 27, 2000; S. Res. 354, 106-2, Sept. 12, 2000.
Committee: Members
Agriculture, Nutrition, and Forestry................... 20
Appropriations......................................... 28
Armed Services......................................... 18
Banking, Housing, and Urban Affairs.................... 22
Commerce, Science, and Transportation.................. 20
Energy and Natural Resources........................... 20
Environment and Public Works........................... 18
Finance................................................ 20
Foreign Relations...................................... 18
Health, Education, Labor, and Pensions................. 18
Homeland Security and Governmental Affairs............. 16
Judiciary.............................................. 18
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
table on the line on which the name of that committee appears:
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\21\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res. 101, 97-1,
Mar. 25, 1981; S. Res. 6, 98-1, Jan 3, 1983; S. Res. 88, 99-1, Mar. 5,
1985; S. Res. 14, 100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12,
1987; S. Res. 43, 101-1, Feb. 2, 1989; S. Res. 85, 102-1, Mar. 19,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18, 103-1, Jan. 21,
1993; S. Res. 130, 103-1, July 1, 1993; S. Res. 34, 104-1, Jan. 6,
1995; S. Res. 9, 105-1, Jan. 9, 1997; S. Res. 354, 106-2, Sept. 12,
2000; S. Res. 123, 107-1, June 29, 2001.
Committee: Members
Budget................................................. 22
Rules and Administration............................... 16
Veterans' Affairs...................................... 14
Small Business and Entrepreneurship.................... 18
(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:
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\22\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res. 24, 97-1,
Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25, 1981; S. Res. 338, 98-2,
Feb. 9, 1984; S. Res. 85, 102-1, Mar. 19, 1991; S. Res. 135, 102-1,
June 4, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S. Res. 34, 104-1, Jan.
6, 1995; S. Res. 9, 105-1, Jan. 9, 1997.
Committee:\23\ Members
Aging.................................................. 18
Intelligence........................................... 19
Joint Economic Committee............................... 10
(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:
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\23\Pursuant to S. Res. 445, 108-2, Oct. 9, 2004, the Select
Committee on Intelligence shall be treated as a committee listed under
paragraph 2 of rule XXV of the Standing Rules of the Senate for
purposes of the Standing Rules of the Senate. However, the resolution
did not modify the Standing Rules of the Senate. (See appendix for
Titles I, III and V of S. Res. 445, 108-2).
\24\As amended, S. Res. 448, 96-2, Dec. 11, 1980; S. Res. 88, 99-1,
Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6, 1987; S. Res. 100, 101-1, Apr.
11, 1989; S. Res. 44, 102-1, Feb. 5, 1991; S. Res. 18, 103-1, Jan. 21,
1993; S. Res. 34, 104-1, Jan. 6, 1995; S. Res. 92, 104-1, Mar. 24,
1995; S. Res. 9, 105-1, Jan. 9, 1997.
Committee: Members
Ethics................................................. 6
Indian Affairs......................................... 14
Joint Committee on Taxation............................ 5
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).
(b)(1) Each Senator may serve on not more than three
subcommittees of each committee (other than the Committee on
Appropriations) listed in paragraph 2 of which he is a member.
(2) Each Senator may serve on not more than two
subcommittees of a committee listed in paragraph 3 (a) or (b)
of which he is a member.
(3) Notwithstanding subparagraphs (1) and (2), a Senator
serving as chairman or ranking minority member of a standing,
select, or special committee of the Senate or joint committee
of the Congress may serve ex officio, without vote, as a member
of any subcommittee of such committee or joint committee.
(4) No committee of the Senate may establish any sub-unit
of that committee other than a subcommittee, unless the Senate
by resolution has given permission therefor. For purposes of
this subparagraph, any subunit of a joint committee shall be
treated as a subcommittee.
(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).
(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).
(e)(1) No Senator shall serve at any time as chairman of
more than one standing, select, or special committee of the
Senate or joint committee of the Congress, except that a
Senator may serve as chairman of any joint committee of the
Congress having jurisdiction with respect to a subject matter
which is directly related to the jurisdiction of a standing
committee of which he is chairman.
(2) No Senator shall serve at any time as chairman of more
than one subcommittee of each standing, select, or special
committee of the Senate or joint committee of the Congress of
which he is a member.
(3) A Senator who is serving as the chairman of a committee
listed in paragraph 2 may serve at any time as the chairman of
only one subcommittee of all committees listed in paragraph 2
of which he is a member and may serve at any time as the
chairman of only one subcommittee of each committee listed in
paragraph 3 (a) or (b) of which he is a member. A Senator who
is serving as the chairman of a committee listed in paragraph 3
(a) or (b) may not serve as the chairman of any subcommittee of
that 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.
(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\
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\25\As amended, S. Res. 76, 99-1, Feb. 21, 1985.
---------------------------------------------------------------------------
(g) A Senator who on the day preceding the effective date
of Title I of the Committee System Reorganization Amendments of
1977 was serving as the chairman or ranking minority member of
the Committee on the District of Columbia or the Committee on
Post Office and Civil Service may serve on the Committee on
Governmental Affairs in addition to serving on two other
standing committees listed in paragraph 2. At the request of
any such Senator, he shall be appointed to serve on such
committee but, while serving on such committee and two other
standing committees listed in paragraph 2, he may not serve on
any committee listed in paragraph 3 (a) or (b) other than the
Committee on Rules and Administration. The preceding provisions
of this subparagraph shall apply with respect to any Senator
only so long as his service as a member of the Committee on
Governmental Affairs is continuous after the date on which the
appointment of the majority and minority members of the
Committee on Governmental Affairs is initially completed.\26\
* * * * * * *
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\26\As amended, S. Res. 12, 97-1, Jan. 5, 1981; Subpara. (h),
omitted here, pertains to committee service of Senators during the
103rd Congress. Provisions for the 104th Congress were established by
S. Res. 13 and 17, Jan. 4, 1995, and S. Res. 27 and 29, Jan. 5, 1995.
In subsequent Congresses, committee assignments made notwithstanding
Rule XXV.
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RULE XXVI
1.\27\ Each standing committee, including any subcommittee
of any such committee, is authorized to hold such hearings, to
sit and act at such times and places during the sessions,
recesses, and adjourned periods of the Senate, to require by
subpoena or otherwise the attendance of such witnesses and the
production of such correspondence, books, papers, and
documents, to take such testimony and to make such expenditures
out of the contingent fund of the Senate as may be authorized
by resolutions of the Senate. Each such committee may make
investigations into any matter within its jurisdiction, may
report such hearings as may be had by it, and may employ
stenographic assistance at a cost not exceeding the amount
prescribed by the Committee on Rules and Administration.\28\
The expenses of the committee shall be paid from the contingent
fund of the Senate upon vouchers approved by the chairman.
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\27\As amended, S. Res. 281, 96-2, Mar. 11, 1980, effective Feb.
28, 1981.
\28\Pursuant to 2 U.S.C. 68c (See Senate Manual Sec. 440, S. Doc.
112-1), the Committee on Rules and Administration issues ``Regulations
Governing Rates Payable to Commercial Reporting Firms for Reporting
Committee Hearings in the Senate.'' Copies of the regulations currently
in effect may be obtained from the Committee.
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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 until the amendment is
published in the Congressional Record.
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\29\As amended, S. Res. 250, 101-2, Mar. 1, 1990.
\30\The term ``each committee'' when used in these rules includes
standing, select, and special committees unless otherwise specified.
---------------------------------------------------------------------------
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.
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.
(b) Each committee (except the Committee on Appropriations)
shall require each witness who is to appear before the
committee in any hearing to file with the clerk of the
committee, at least one day before the date of the appearance
of that witness, a written statement of his proposed testimony
unless the committee chairman and the ranking minority member
determine that there is good cause for noncompliance. If so
requested by any committee, the staff of the committee shall
prepare for the use of the members of the committee before each
day of hearing before the committee a digest of the statements
which have been so filed by witnesses who are to appear before
the committee on that day.
(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.
(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.
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.
(b) Each meeting of a committee, or any subcommittee
thereof, including meetings to conduct hearings, shall be open
to the public, except that a meeting or series of meetings by a
committee or a subcommittee thereof on the same subject for a
period of no more than fourteen calendar days may be closed to
the public on a motion made and seconded to go into closed
session to discuss only whether the matters enumerated in
clauses (1) through (6) would require the meeting to be closed,
followed immediately by a record vote in open session by a
majority of the members of the committee or subcommittee when
it is determined that the matters to be discussed or the
testimony to be taken at such meeting or meetings--
(1) will disclose matters necessary to be kept secret
in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
(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.
(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.
(d) Whenever disorder arises during a committee meeting
that is open to the public, or any demonstration of approval or
disapproval is indulged in by any person in attendance at any
such meeting, it shall be the duty of the Chair to enforce
order on his own initiative and without any point of order
being made by a Senator. When the Chair finds it necessary to
maintain order, he shall have the power to clear the room, and
the committee may act in closed session for so long as there is
doubt of the assurance of order.
(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.
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\31\Subparagraph (e)(1) numbered pursuant to Pub. L. 110-81, Sep.
14, 2007.
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(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.
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\32\Clause (2) added pursuant to Pub. L. 110-81, Sep. 14, 2007, and
takes effect Dec. 13, 2007.
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(B) Information required by subclause (A) shall be
available until the end of the Congress following the date of
the meeting.
(C) The Committee on Rules and Administration may waive
this clause upon request based on the inability of a committee
or subcommittee to comply with this clause due to technical or
logistical reasons.
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.
7. (a)(1) Except as provided in this paragraph, each
committee, and each subcommittee thereof is authorized to fix
the number of its members (but not less than one-third of its
entire membership) who shall constitute a quorum thereof for
the transaction of such business as may be considered by said
committee, except that no measure or matter or recommendation
shall be reported from any committee unless a majority of the
committee were physically present.
(2) Each such committee, or subcommittee, is authorized to
fix a lesser number than one-third of its entire membership who
shall constitute a quorum thereof for the purpose of taking
sworn testimony.
(3) The vote of any committee to report a measure or matter
shall require the concurrence of a majority of the members of
the committee who are present. No vote of any member of any
committee to report a measure or matter may be cast by proxy if
rules adopted by such committee 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.
(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.
(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.
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.
(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.
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 fund of the Senate during that year only by
reporting a supplemental authorization resolution. Each
supplemental authorization resolution reported by a committee
shall amend the annual authorization resolution of such
committee for that year and shall be accompanied by a report
specifying with particularity the purpose for which such
authorization is sought and the reason why such authorization
could not have been sought at the time of the submission by
such committee of its annual authorization resolution for that
year.
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\33\As amended, S. Res. 281, 96-2, Mar. 11, 1980, effective Jan. 1,
1981; S. Res. 479, 100-2, Sept. 30, 1988.
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(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.
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.
(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.
(c) If at the time of approval of a measure or matter by
any committee (except for the Committee on Appropriations), any
member of the committee gives notice of intention to file
supplemental, minority, or additional views, that member shall
be entitled to not less than three calendar days in which to
file such views, in writing, with the clerk of the committee.
All such views so filed by one or more members of the committee
shall be included within, and shall be a part of, the report
filed by the committee 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.
11. (a) The report accompanying each bill or joint
resolution of a public character reported by any committee
(except the Committee on Appropriations and the Committee on
the Budget) shall contain--
(1) an estimate, made by such committee, of the costs
which would be incurred in carrying out such bill or
joint resolution in the fiscal year in which it is
reported and in each of the five fiscal years following
such fiscal year (or for the authorized duration of any
program authorized by such bill or joint resolution, if
less than five years), except that, in the case of
measures affecting the revenues, such reports shall
require only an estimate of the gain or loss in
revenues for a one-year period; and
(2) a comparison of the estimate of costs described
in subparagraph (1) made by such committee with any
estimate of costs made by any Federal agency; or
(3) in lieu of such estimate or comparison, or both,
a statement of the reasons why compliance by the
committee with the requirements of subparagraph (1) or
(2), or both, is impracticable.
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Note.--Each report accompanying any bill or joint resolution
relating to terms and conditions of employment or access to public
services or accommodations reported by a committee of the House of
Representatives or the Senate shall describe the manner in which the
provisions of the bill or joint resolution apply to the legislative
branch; or in the case of a provision not applicable to the legislative
branch, include a statement of the reasons the provision does not
apply. (Pub. L. 104-1, Title I, Sec. 102, Jan. 23, 1995, 109 Stat. 5.)
See Senate Manual Sec. 1302, S. Doc. 112-1.
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(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.
(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.
12. Whenever a committee reports a bill or a joint
resolution repealing or amending any statute or part thereof it
shall make a report thereon and shall include in such report or
in an accompanying document (to be prepared by the staff of
such committee) (a) the text of the statute or part thereof
which is proposed to be repealed; and (b) a comparative print
of that part of the bill or joint resolution making the
amendment and of the statute or part thereof proposed to be
amended, showing by stricken-through type 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.
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.
(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.
RULE XXVII
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 the fixing of
salary rates, the assignment of facilities, and the
accessibility of committee records.
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\34\As amended, S. Res. 281, 96-2, Mar. 11, 1980, effective Feb.
28, 1981.
Note.--Pursuant to S. Res. 281, paragraph 1 of rule XXVII was
repealed. Accordingly, subparagraphs (a), (b), (c), and (d) of
paragraph 2 were renumbered as paragraphs 1, 2, 3, and 4, respectively.
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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.
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.
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.
RULE XXVIII
1.\35\ The presentation of reports of committees of
conference shall always be in order when available on each
Senator's desk except when the Journal is being read or a
question of order or a motion to adjourn is pending, or while
the Senate is voting or ascertaining the presence of a quorum;
and when received the question of proceeding to the
consideration of the report, if raised, shall be immediately
put, and shall be determined without debate.
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\35\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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2.\36\ (a) When a message from the House of Representatives
is laid before the Senate, it shall be in order for a single,
non-divisible motion to be made that includes--
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\36\Paragraph 2 added pursuant to S. Res. 16, 113-1, Jan. 24, 2013.
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(1) a motion to disagree to a House amendment or
insist upon a Senate amendment;
(2) a motion to request a committee of conference
with the House or to agree to a request by the House
for a committee of conference; and
(3) a motion to authorize the Presiding Officer to
appoint conferees (or a motion to appoint conferees).
(b) If a cloture motion is presented on a motion made
pursuant to subparagraph (a), the motion shall be debatable for
no more than 2 hours, equally divided in the usual form, after
which the Presiding Officer, or the clerk at the direction of
the Presiding Officer, shall lay the motion before the Senate.
If cloture is then invoked on the motion, the question shall be
on the motion, without further debate.
3.\37\ (a) Conferees shall not insert in their report
matter not committed to them by either House, nor shall they
strike from the bill matter agreed to by both Houses.
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\37\Paragraphs 3 and 4 amended pursuant to Pub. L. 110-81, Sep. 14,
2007, and paragraphs 5-6 were added. Paragraphs 3 through 6 renumbered
and amended pursuant to S. Res. 16, 113-1, Jan. 24, 2013.
---------------------------------------------------------------------------
(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.
(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.
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.
(b) In any case in which the conferees violate subparagraph
(a), a point of order may be made against the conference report
and it shall be disposed of as provided under paragraph 5.
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.
(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.
6. (a) Any Senator may move to waive any or all points of
order under paragraph 3 or paragraph 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.
(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.
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.
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\38\Paragraphs 7 through 9 renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007, and paragraph 10 was added. Paragraph 7 through 10
renumbered pursuant to S. Res. 16, 113-1, Jan. 24, 2013.
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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.
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.
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.
(b)(1) This paragraph may be waived in the Senate with
respect to the pending conference report by an affirmative vote
of three-fifths of the Members, duly chosen and sworn. A motion
to waive this paragraph shall be debatable for not to exceed 1
hour equally divided between the Majority Leader and the
Minority Leader or their designees.
(2) An affirmative vote of three-fifths of the Members,
duly chosen and sworn, shall be required to sustain an appeal
of the ruling of the Chair on a point of order raised under
this paragraph. An appeal of the ruling of the Chair shall be
debatable for not to exceed 1 hour equally divided between the
Majority and the Minority Leader or their designees.
(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.
RULE XXIX
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.
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.
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.
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.
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.
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\39\As amended by S. Res. 363, 102-2, Oct. 8, 1992.
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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.
RULE XXX
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.
(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.
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\40\As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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(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.
(d) On the final question to advise and consent to the
ratification in the form agreed to, the concurrence of two-
thirds of the Senators present shall be necessary to determine
it in the affirmative; but all other motions and questions upon
a treaty shall be decided by a majority vote, except a motion
to postpone indefinitely, which shall be decided by a vote of
two-thirds.
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.
RULE XXXI
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.
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.
3. When a nomination is confirmed or rejected, any Senator
voting in the majority may move for a reconsideration on the
same day on which the vote was taken, or on either of the next
two days of actual executive session of the Senate; but if a
notification of the confirmation or rejection of a nomination
shall have been sent to the President before the expiration of
the time within which a motion to reconsider may be made, the
motion to reconsider shall be accompanied by a motion to
request the President to return such notification to the
Senate. Any motion to reconsider the vote on a nomination may
be laid on the table without prejudice to the nomination, and
shall be a final disposition of such motion.
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.
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.
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.
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.
(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.
(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.
RULE XXXII
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.
RULE XXXIII
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.
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.
RULE XXXIV
1. For purposes of this rule, the provisions of Title I of
the Ethics in Government Act of 1978 shall be deemed to be a
rule of the Senate as it pertains to Members, officers, and
employees of the Senate.
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Note.--Financial disclosure requirements contained in the Ethics in
Government Act as amended are codified at 5 U.S.C. App. 6. See Senate
Manual Sec. 1172, S. Doc. 112-1.
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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.
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\41\Paragraph 2 added pursuant to S. Res. 236, 101-2, Jan. 30,
1990.
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(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.
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:
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\42\Paragraphs 3 and 4 added pursuant to S. Res. 158, 104-1, July
28, 1995, effective Jan. 1, 1996, as amended by S. Res. 198, 104-1,
Dec. 7, 1995.
\43\Renumbered pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
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(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.
(b) For purposes of section 102(d)(1) of the Ethics in
Government Act of 1978 additional categories of value\44\ as
follows:
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\44\The word ``value'' replaced the word ``income'' pursuant to S.
Res. 198, 104-1, Dec. 7, 1995.
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(1) greater than $1,000,000 but not more than
$5,000,000;
(2) greater than $5,000,000 but not more than
$25,000,000;
(3) greater than $25,000,000 but not more than
$50,000,000; and
(4) greater than $50,000,000.
(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.
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.
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\45\Effective with respect to reports filed under Title I of the
Ethics in Government Act of 1978 for calendar year 1996 and thereafter.
\46\Renumbered pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
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RULE XXXV
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\47\Amended pursuant to S. Res. 158, 104-1, July 28, 1995,
effective Jan. 1, 1996.
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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 the $100 annual limit. No formal
recordkeeping is required by this paragraph, but a Member,
officer, or employee shall make a good faith effort to comply
with this paragraph.
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\48\Subparagraph (A) renumbered and (B) added pursuant to Pub. L.
110-81, Sep. 14, 2007.
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(B) A Member, officer, or employee may not knowingly accept
a gift from a registered lobbyist, an agent of a foreign
principal, or a private entity that retains or employs a
registered lobbyist or an agent of a foreign principal, except
as provided in subparagraphs (c) and (d).
(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.
(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.
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\49\Subclause (A) renumbered and (B) added pursuant to Pub. L. 110-
81, Sep. 14, 2007.
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(B) The market value of a ticket to an entertainment
or sporting event shall be the face value of the ticket
or, in the case of a ticket without a face value, the
value of the ticket with the highest face value for the
event, except that if a ticket holder can establish in
advance of the event to the Select Committee on Ethics
that the ticket at issue is equivalent to another
ticket with a face value, then the market value shall
be set at the face value of the equivalent ticket. In
establishing equivalency, the ticket holder shall
provide written and independently verifiable
information related to the primary features of the
ticket, including, at a minimum, the seat location,
access to parking, availability of food and
refreshments, and access to venue areas not open to the
public. The Select Committee on Ethics may make a
determination of equivalency only if such information
is provided in advance of the event.
(C)(i)\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.
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\50\Subparagraph C added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(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
anymore than the Member's or immediate family member's
proportionate share of ownership allows.
(2) A contribution, as defined in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, or attendance at
a fundraising event sponsored by a political
organization described in section 527(e) of the
Internal Revenue Code of 1986.
(3) A gift from a relative as described in section
109(16) of Title I of the Ethics Reform Act of 1989 (5
U.S.C. App. 6).\51\
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\51\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See Senate Manual
Sec. 1180, S. Doc. 112-1, for definitions.
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(4)(A) Anything, including personal hospitality,\52\
provided by an individual on the basis of a personal
friendship unless the Member, officer, or employee has
reason to believe that, under the circumstances, the
gift was provided because of the official position of
the Member, officer, or employee and not because of the
personal friendship.
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\52\The phrase ``including personal hospitality'' inserted pursuant
to S. Res. 198, 104-1, Dec. 7, 1995.
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(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 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.
(15) Any item, the receipt of which is authorized by
the Foreign Gifts and Decorations Act, the Mutual
Educational and Cultural Exchange Act, or any other
statute.
(16) Anything which is paid for by the Federal
Government, by a State or local government, or secured
by the Government under a Government contract.
(17) A gift of personal hospitality (as defined in
section 109(14) of the Ethics in Government Act)\53\ of
an individual other than a registered lobbyist or agent
of a foreign principal.
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\53\See Senate Manual Sec. 1180, S. Doc. 112-1, for definitions.
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(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.
(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).
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\54\Clause (24) was added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(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 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.
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\55\Clause (5) was added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(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.
(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.
(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--
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\56\Subparagraph (g) was added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(A) the cost of meals provided the Member, officer,
or employee is less than $50;
(B)(i) the event is sponsored by constituents of, or
a group that consists primarily of constituents of, the
Member (or the Member by whom the officer or employee
is employed); and
(ii) the event will be attended primarily by a group
of at least 5 constituents of the Member (or the Member
by whom the officer or employee is employed) provided
that a registered lobbyist shall not attend the event;
and
(C)(i) the Member, officer, or employee participates
in the event as a speaker or a panel participant, by
presenting information related to Congress or matters
before Congress, or by performing a ceremonial function
appropriate to the Member's, officer's, or employee's
official position; or
(ii) attendance at the event is appropriate to the
performance of the official duties or representative
function of the Member, officer, or employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be similarly
accompanied or if such attendance is appropriate to assist in
the representation of the Senate.
(3) For purposes of this subparagraph, the term `free
attendance' has the same meaning given such term in
subparagraph (d).
2.\57\(a)(1)\58\ A reimbursement (including payment in
kind) to a Member, officer, or employee from an individual
other than a registered lobbyist or agent of a foreign
principal or a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal for
necessary transportation, lodging and related expenses for
travel to a meeting, speaking engagement, factfinding trip or
similar event in connection with the duties of the Member,
officer, or employee as an officeholder shall be deemed to be a
reimbursement to the Senate and not a gift prohibited by this
rule, if the Member, officer, or employee complies with the
requirements of this paragraph.
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\57\(Note: amendments to paragraph (2) pursuant to Pub. L. 110-81,
Sep. 14, 2007, take effect 60 days after enactment or the date that the
Select Committee on Ethics issues new guidelines pertaining to this
paragraph.)
\58\Subparagraph (a)(1) was amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(2)(A)\59\ Notwithstanding clause (1), a reimbursement
(including payment in kind) to a Member, officer, or employee
of the Senate from an individual, other than a registered
lobbyist or agent of a foreign principal, that is a private
entity that retains or employs 1 or more registered lobbyists
or agents of a foreign principal shall be deemed to be a
reimbursement to the Senate under clause (1) if--
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\59\Clause (2) was added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(i) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement, factfinding
trip, or similar event described in clause (1) in
connection with the duties of the Member, officer, or
employee and the reimbursement is provided only for
attendance at or participation for 1 day (exclusive of
travel time and an overnight stay) at an event
described in clause (1); or
(ii) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement, factfinding
trip, or similar event described in clause (1) in
connection with the duties of the Member, officer, or
employee and the reimbursement is from an organization
designated under section 501(c)(3) of the Internal
Revenue Code of 1986.
(B) When deciding whether to preapprove a trip under this
clause, the Select Committee on Ethics shall make a
determination consistent with regulations issued pursuant to
section 544(b) of the Honest Leadership and Open Government Act
of 2007. The committee through regulations to implement
subclause (A)(i) may permit a longer stay when determined by
the committee to be practically required to participate in the
event, but in no event may the stay exceed 2 nights.
(3)\60\ For purposes of clauses (1) and (2), events, the
activities of which are substantially recreational in nature,
shall not be considered to be in connection with duties of a
Member, officer, or employee as an officeholder.
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\60\Clause (3) was renumbered and amended pursuant to Pub. L. 110-
81, Sep. 14, 2007.
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(b)\61\Before an employee may accept reimbursement pursuant
to subparagraph (a), the employee shall receive advance written
authorization from the Member or officer under whose direct
supervision the employee works. Each advance authorization to
accept reimbursement shall be signed by the Member or officer
under whose direct supervision the employee works and shall
include--
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\61\Subparagraph (b) amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(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.
(c)\62\ Each Member, officer, or employee that receives
reimbursement under this paragraph shall disclose the expenses
reimbursed or to be reimbursed, the authorization under
subparagraph (b) (for an employee), and a copy of the
certification in subparagraph (e)(1) to the Secretary of the
Senate not later than 30 days after the travel is completed.
Each disclosure made under this subparagraph of expenses
reimbursed or to be reimbursed shall be signed by the Member or
officer (in the case of travel by that Member or officer) or by
the Member or officer under whose direct supervision the
employee works (in the case of travel by an employee) and shall
include--
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\62\Subparagraph (c) amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(1) a good faith estimate of total transportation
expenses reimbursed or to be reimbursed;
(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
(5) a determination that all such expenses are
necessary transportation, lodging, and related expenses
as defined in this paragraph;
(6)\63\ a description of meetings and events
attended; and
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\63\Clause (6) added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(7)\64\ in the case of a reimbursement to a Member or
officer, a determination that the travel was in
connection with the duties of the Member or officer as
an officeholder and would not create the appearance
that the Member or officer is using public office for
private gain.
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\64\Clause (7) renumbered pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(d)(1)\65\ A Member, officer, or employee of the Senate may
not accept a reimbursement (including payment in kind) for
transportation, lodging, or related expenses under subparagraph
(a) for a trip that was--
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\65\Subparagraph (d) added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(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.
(e)\66\ A Member, officer, or employee shall, before
accepting travel otherwise permissible under this paragraph
from any source--
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\66\Subparagraph (e) added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(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.
(f)\67\ For the purposes of this paragraph, the term
``necessary transportation, lodging, and related expenses''--
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\67\Subparagraph (f) renumbered and subparagraph (g) renumbered and
amended pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(1) includes reasonable expenses that are necessary
for travel for a period not exceeding 3 days exclusive
of travel time within the United States or 7 days
exclusive of travel time outside of the United States
unless approved in advance by the Select Committee on
Ethics;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials,
and food and refreshments, including reimbursement for
necessary transportation, whether or not such
transportation occurs within the periods described in
clause (1);
(3) does not include expenditures for recreational
activities, nor does it include entertainment other
than that provided to all attendees as an integral part
of the event, except for activities or entertainment
otherwise permissible under this rule; and
(4) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee, subject to a determination signed by the
Member or officer (or in the case of an employee, the
Member or officer under whose direct supervision the
employee works) that the attendance of the spouse or
child is appropriate to assist in the representation of
the Senate.
(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.
3. A gift prohibited by paragraph 1(a) includes the
following:
(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.
(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.
(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.
(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.
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).
(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.
5. For purposes of this rule--
(a) the term ``registered lobbyist'' means a lobbyist
registered under the Federal Regulation of Lobbying Act
or any successor statute; and
(b) the term ``agent of a foreign principal'' means
an agent of a foreign principal registered under the
Foreign Agents Registration Act.
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.
RULE XXXVI\68\
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\68\Previous provisions of Rule XXXVI were repealed by S. Res. 512,
97-2, Dec. 14, 1982, effective Jan. 1, 1983. New Rule XXXVI language
established by S. Res. 192, 102-1, Oct. 31, 1991, effective Aug. 14,
1991. See Senate Manual Secs. 1184-1188, S. Doc. 112-1, for provisions
of 5 U.S.C. App. 7.
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For purposes of this rule, the provisions of section 501 of
the Ethics in Government Act of 1978 (5 U.S.C. App. 7 501)
shall be deemed to be a rule of the Senate as it pertains to
Members, officers, and employees of the Senate.
RULE XXXVII
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.
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.
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.
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.
5. (a)\69\ No Member, officer, or employee of the Senate
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall (1)
affiliate with a firm, partnership, association, or corporation
for the purpose of providing professional services for
compensation; (2) permit that individual's name to be used by
such a firm, partnership, association or corporation; or (3)
practice a profession for compensation to any extent during
regular office hours of the Senate office in which employed.
For the purposes of this paragraph, ``professional services''
shall include but not be limited to those which involve a
fiduciary relationship.
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\69\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991, effective Aug.
14, 1991, paragraph 5 renumbered 5(a) and subparagraph (b) added.
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(b) A Member or an officer or employee whose rate of basic
pay is equal to or greater than 120 percent of the annual rate
of basic pay in effect for grade GS-15 of the General Schedule
shall not--
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or employee's
name to be used by any such firm, partnership,
association, corporation, or other entity;
(3) receive compensation for practicing a profession
which involves a fiduciary relationship; or
(4) receive compensation for teaching, without the
prior notification and approval of the Select\70\
Committee on Ethics.
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\70\Added pursuant to S. Res. 299, 106-2, Apr. 27, 2000.
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6. (a)\71\ No Member, officer, or employee of the Senate
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
serve as an officer or member of the board of any publicly held
or publicly regulated corporation, financial institution, or
business entity. The preceding sentence shall not apply to
service of a Member, officer, or employee as--
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\71\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991, effective Aug.
14, 1991, paragraph 6 renumbered 6(a) and subparagraph (b) added.
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(1) an officer or member of the board of an
organization which is exempt from taxation under
section 501(c) of the Internal Revenue Code of 1954, if
such service is performed without compensation;
(2) an officer or member of the board of an
institution or organization which is principally
available to Members, officers, or employees of the
Senate, or their families, if such service is performed
without compensation; or
(3) a member of the board of a corporation,
institution, or other business entity, if (A) the
Member, officer, or employee had served continuously as
a member of the board thereof for at least two years
prior to his election or appointment as a Member,
officer, or employee of the Senate, (B) the amount of
time required to perform such service is minimal, and
(C) the Member, officer, or employee is not a member
of, or a member of the staff of any Senate committee
which has legislative jurisdiction over any agency of
the Government charged with regulating the activities
of the corporation, institution, or other business
entity.
(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.
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.
8.\72\ If a Member, upon leaving office, becomes a
registered lobbyist under the Federal Regulation of Lobbying
Act of 1946 or any successor statute, or is employed or
retained by such a registered lobbyist or an entity that
employs or retains a registered lobbyist for the purpose of
influencing legislation, he shall not lobby Members, officers,
or employees of the Senate for a period of two years after
leaving office.
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\72\Paragraphs 8 and 9 amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
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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.
(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.
(c)\73\ If an officer of the Senate or an employee on the
staff of a Member or on the staff of a committee whose rate of
pay is equal to or greater than 75 percent of the rate of pay
of a Member and employed at such rate for more than 60 days in
a calendar year, upon leaving that position, becomes a
registered lobbyist, or is employed or retained by such a
registered lobbyist or an entity that employs or retains a
registered lobbyist for the purpose of influencing legislation,
such employee may not lobby any Member, officer, or employee of
the Senate for a period of 1 year after leaving that position.
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\73\(Note: paragraph 9(c) shall apply to individuals who leave the
office or employment to which such paragraph applies on or after the
date of adjournment of the 1st session of the 110th Congress sine die
or Dec. 31, 2007, whichever date is earlier.)
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10. \74\Paragraphs 8 and 9 shall not apply to contacts with
the staff of the Secretary of the Senate regarding compliance
with the lobbying disclosure requirements of the Lobbying
Disclosure Act of 1995.
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\74\Paragraphs 10 and 11 added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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11. (a) If a Member's spouse or immediate family member is
a registered lobbyist, or is employed or retained by such a
registered lobbyist or an entity that hires or retains a
registered lobbyist for the purpose of influencing legislation,
the Member shall prohibit all staff employed or supervised by
that Member (including staff in personal, committee, and
leadership offices) from having any contact with the Member's
spouse or immediate family member that constitutes a lobbying
contact as defined by section 3 of the Lobbying Disclosure Act
of 1995 by such person.
(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.
(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.
12. (a)\75\ Except as provided by subparagraph (b), any
employee of the Senate who is required to file a report
pursuant to rule XXXIV shall refrain from participating
personally and substantially as an employee of the Senate in
any contact with any agency of the executive or judicial branch
of Government with respect to non-legislative matters affecting
any non-governmental person in which the employee has a
significant financial interest.
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\75\Pursuant to S. Res. 236, 101-2, Jan. 30, 1990, paragraphs 10.
and 11. were renumbered as 11. and 12. respectively and paragraph 10.
was added. Paragraph renumbered pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(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.
13.\76\ For purposes of this rule--
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\76\Paragraph 13 renumbered pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(a) ``employee of the Senate'' includes an employee
or individual described in paragraphs 2, 3, and 4(c) of
rule XLI;
(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
(c) the term ``lobbying'' means any oral or written
communication to influence the content or disposition
of any issue before Congress, including any pending or
future bill, resolution, treaty, nomination, hearing,
report, or investigation; but does not include--
(1) a communication (i) made in the form of
testimony given before a committee or office of
the Congress, or (ii) submitted for inclusion
in the public record, public docket, or public
file of a hearing; or
(2) a communication by an individual, acting
solely on his own behalf, for redress of
personal grievances, or to express his personal
opinion.
14.\77\ (a) A Member shall not negotiate or have any
arrangement concerning prospective private employment until
after his or her successor has been elected, unless such Member
files a signed statement with the Secretary of the Senate, for
public disclosure, regarding such negotiations or arrangements
not later than 3 business days after the commencement of such
negotiation or arrangement, including the name of the private
entity or entities involved in such negotiations or
arrangements, and the date such negotiations or arrangements
commenced.
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\77\Paragraph 14 added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(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.
(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.
15.\78\ For purposes of this rule--
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\78\Paragraph 15 renumbered pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(a) a Senator or the Vice President is the supervisor
of his administrative, clerical, or other assistants;
(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;
(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;
(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;
(e) the Secretary of the Senate is the supervisor of
the employees of his office;
(f) the Sergeant at Arms and Doorkeeper is the
supervisor of the employees of his office;
(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;
(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
(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.
RULE XXXVIII
1. (a)\79\ No Member may maintain or have maintained for
his use an unofficial office account. The term ``unofficial
office account'' means an account or repository into which
funds are received for the purpose, at least in part, of
defraying otherwise unreimbursed expenses allowable in
connection with the operation of a Member's office. An
unofficial office account does not include, and expenses
incurred by a Member in connection with his official duties
shall be defrayed only from--
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\79\Pursuant to S. Res. 192, 102-1, Oct. 31, 1991, paragraph 1 was
renumbered 1(a) and subparagraph (b) was added. Effective date revised
to May 1, 1992, by a provision of Pub. L. 102-229, Dec. 12, 1991.
Provisions of 2 U.S.C. 431 are contained in the Senate Manual at Sec.
586, S. Doc. 112-1.
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(1) personal funds of the Member;
(2) official funds specifically appropriated for that
purpose;
(3) funds derived from a political committee (as
defined in section 301(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431)); and
(4) funds received as reasonable reimbursements for
expenses incurred by a Member in connection with
personal services provided by the Member to the
organization making the reimbursement.
(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\
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\80\Section 311(d) of the Legislative Branch Appropriations Act,
1991, (2 U.S.C. 59e(d)), was amended by the Legislative Appropriations
Act, 2002 (Pub. Law 107-68). 2 U.S.C. 59e--Senate Manual Sec. 349, S.
Doc. 112-1.
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(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.
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\81\Subparagraph (c) added pursuant to Pub. L. 110-81, Sep. 14,
2007.
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2. No contribution (as defined in section 301(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall be
converted to the personal use of any Member or any former
Member. For the purposes of this rule ``personal use'' does not
include reimbursement of expenses incurred by a Member in
connection with his official duties.
RULE XXXIX
1. (a) Unless authorized by the Senate (or by the President
of the United States after an adjournment sine die), no funds
from the United States Government (including foreign currencies
made available under section 502(b) of the Mutual Security Act
of 1954 (22 U.S.C. 1754(b)) shall be received for the purpose
of travel outside the United States by any Member of the Senate
whose term will expire at the end of a Congress after--
(1) the date of the general election in which his
successor is elected; or
(2) in the case of a Member who is not a candidate in
such general election, the earlier of the date of such
general election or the adjournment sine die of the
second regular session of that Congress.
(b)\82\ The travel restrictions provided by subparagraph
(a) with respect to a Member of the Senate whose term will
expire at the end of a Congress shall apply to travel by--
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\82\Pursuant to S. Res. 80, 100-1, Jan. 28, 1987, paragraph 1 was
renumbered as 1. (a) and subparagraph (b) was added.
---------------------------------------------------------------------------
(1) any employee of the Member;
(2) any elected officer of the Senate whose
employment will terminate at the end of a Congress; and
(3) any employee of a committee whose employment will
terminate at the end of a Congress.
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.
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.
RULE XL
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\83\Section 3210 of Title 39, U.S.C., contains statutory provisions
that are parallel to certain provisions of rule XL relating to the
franking privilege. See Senate Manual Sec. 1481, S. Doc. 112-1.
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1. A Senator or an individual who is a candidate for
nomination for election, or election, to the Senate may not use
the frank for any mass mailing (as defined in section
3210(a)(6)(E)\84\ of Title 39, United States Code) if such mass
mailing is mailed at or delivered to any postal facility less
than sixty days immediately before the date of any primary or
general election (whether regular, special, or runoff) in which
the Senator is a candidate for public office or the individual
is a candidate for Senator, unless the candidacy of the Senator
in such election is uncontested.\85\
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\84\Citation corrected by S. Res. 187, 101-1, Oct. 2, 1989,
pursuant to Pub. L. 97-69, Oct. 26, 1981.
\85\As amended, S. Res. 224, 103-2, June 21, 1994.
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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.
3. (a) When a Senator disseminates information under the
frank by a mass mailing (as defined in section 3210(a)(6)(E) of
Title 39, United States Code), the Senator shall register
quarterly\86\ with the Secretary of the Senate such mass
mailings. Such registration shall be made by filing with the
Secretary a copy of the matter mailed and providing, on a form
supplied by the Secretary, a description of the group or groups
of persons to whom the mass mailing was mailed.
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\86\Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C. 59g, See
Senate Manual Sec. 351. S. Doc. 112-1.
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(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.
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.
5. The Senate computer facilities shall not be used (a) to
store, maintain, or otherwise process any lists or categories
of lists of names and addresses identifying the individuals
included in such lists as campaign workers or contributors, as
members of a political party, or by any other partisan
political designation, (b) to produce computer printouts except
as authorized by user guides approved by the Committee on Rules
and Administration, or (c) to produce mailing labels for mass
mailings, or computer tapes and discs, for use other than in
service facilities maintained and operated by the Senate or
under contract to the Senate. The Committee on Rules and
Administration shall prescribe such regulations not
inconsistent with the purposes of this paragraph as it
determines necessary to carry out such purposes.
6. (a) The radio and television studios provided by the
Senate or by the House of Representatives may not be used by a
Senator or an individual who is a candidate for nomination for
election, or election, to the Senate less than sixty days
immediately before the date of any primary or general election
(whether regular, special, or runoff) in which that Senator is
a candidate for public office or that individual is a candidate
for Senator, unless the candidacy of the Senator in such
election is uncontested.\87\
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\87\As amended, S. Res. 224, 103-2, June 21, 1994.
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(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.
RULE XLI
1. No officer or employee of the Senate may receive,
solicit, be a custodian of, or distribute any funds in
connection with any campaign for the nomination for election,
or the election, of any individual to be a Member of the Senate
or to any other Federal office. This prohibition does not apply
to three\88\ assistants to a Senator, at least one of whom is
in Washington, District of Columbia, who have been designated
by that Senator to perform any of the functions described in
the first sentence of this paragraph and who are compensated at
an annual rate in excess of $10,000 if such designation has
been made in writing and filed with the Secretary of the Senate
and if each such assistant files a financial statement in the
form provided under rule XXXIV for each year during which he is
designated under this rule. The Majority Leader and the
Minority Leader may each designate an employee of their
respective leadership office staff as one of the 3 designees
referred to in the second sentence.\89\ The Secretary of the
Senate shall make the designation available for public
inspection.
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\88\As amended by S. Res. 258, 100-1, Oct. 1, 1987.
\89\Pursuant to S. Res. 236, 101-2, Jan. 30, 1990.
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2. For purposes of the Senate Code of Official Conduct--
(a) an employee of the Senate includes any employee
whose salary is disbursed by the Secretary of the
Senate; and
(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.
3. Before approving the utilization by any committee of the
Senate of the services of an officer or employee of the
Government in accordance with paragraph 4\90\ of rule XXVII or
with an authorization provided by Senate resolution, the
Committee on Rules and Administration shall require such
officer or employee to agree in writing to comply with the
Senate Code of Official Conduct in the same manner and to the
same extent as an employee of the Senate. Any such officer or
employee shall, for purposes of such Code, be treated as an
employee of the Senate receiving compensation disbursed by the
Secretary of the Senate in an amount equal to the amount of
compensation he is receiving as an officer or employee of the
Government.
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\90\Reference corrected by S. Res. 192, 102-1, Oct. 31, 1991.
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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--
(a) is an officer or employee of the Senate,
(b) is an officer or employee of the Government
(other than the Senate), or
(c) agrees in writing to comply with the Senate Code
of Official Conduct in the same manner and to the same
extent as an employee of the Senate.
Any individual to whom subparagraph (c) applies shall, for
purposes of such Code, be treated as an employee of the Senate
receiving compensation disbursed by the Secretary of the Senate
in an amount equal to the amount of compensation which such
individual is receiving from any source for performing such
services.
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.
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.
(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.
(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.
(d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 of rule
XXXVII.\91\
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\91\Redesignated pursuant to S. Res. 236, 101-2, Jan. 30, 1990 and
S. Res. 299, 106-2, Apr. 27, 2000.
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RULE XLII
1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
(a) fail or refuse to hire an individual;
(b) discharge an individual; or
(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.
2.\92\ For purposes of this rule, the provisions of section
509(a) of the Americans With Disabilities Act of 1990 shall be
deemed to be a rule of the Senate as it pertains to Members,
officers, and employees of the Senate.
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\92\Added by S. Res. 192, 102-1, Oct. 31, 1991, effective July 26,
1990. ADA was subsequently amended by the Government Employee Rights
Act of 1991 (Title 3, Civil Rights Act of 1991, Pub. L. 102-166,
codified at 2 U.S.C. 1201 et seq.). See Senate Manual Secs. 751, 752,
S. Doc. 112-1.
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RULE XLIII
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\93\Rule established by S. Res. 273, 102-2, July 2, 1992.
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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.
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--
(a) request information or a status report;
(b) urge prompt consideration;
(c) arrange for interviews or appointments;
(d) express judgments;
(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
(f) perform any other service of a similar nature
consistent with the provisions of this rule.
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.
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.
5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.
6.\94\ No Member, with the intent to influence solely on
the basis of partisan political affiliation an employment
decision or employment practice of any private entity, shall--
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\94\Paragraph 6 added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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(a) take or withhold, or offer or threaten to take or
withhold, an official act; or
(b) influence, or offer or threaten to influence the
official act of another.
RULE XLIV\95\
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\95\Rule XLIV added pursuant to Pub. L. 110-81, Sep. 14, 2007.
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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.
(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.
2. (a) It shall not be in order to vote on a motion to
proceed to consider a Senate bill or joint resolution not
reported by committee unless the chairman of the committee of
jurisdiction or the Majority Leader or his or her designee
certifies--
(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if
any, in the bill or joint resolution, has been
identified through lists, charts, or other similar
means, including the name of each Senator who submitted
a request to the sponsor of the bill or joint
resolution for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website in a searchable format at least 48 hours before
such vote.
(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.
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.
(b) If a point of order is sustained under this paragraph,
then the conference report shall be set aside.
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.
(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.
(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.
5. For the purpose of this rule--
(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;
(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;
(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
(d) except as used in subparagraph 8(e), the term
``item`' when not preceded by ``congressionally
directed spending'' means any provision that is a
congressionally directed spending item, a limited tax
benefit, or a limited tariff benefit.
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.
(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.
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.
8. (a) A Senator may raise a point of order against one or
more provisions of a conference report if they constitute new
directed spending provisions. The Presiding Officer may sustain
the point of order as to some or all of the provisions against
which the Senator raised the point of order.
(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.
(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.
(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.
(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.
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.
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.
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.
12. Paragraph 1, 2, or 3 of this rule may be waived by
joint agreement of the Majority Leader and the Minority Leader
of the Senate upon their certification that such waiver is
necessary as a result of a significant disruption to Senate
facilities or to the availability of the Internet.
APPENDIX
Note.--S. Res. 445, 108-2, a resolution to eliminate certain
restrictions on service of a Senator on the Senate Select Committee on
Intelligence, passed the Senate Oct. 9, 2004. The resolution made
several changes to the jurisdiction, treatment and name of Senate
Committees. However, the provisions of S. Res. 445 did not modify the
Standing Rules of the Senate and therefore could not be included in
this document except as an appendix. The effective date for the
provisions of the resolution was the convening of the 109th Congress.
Titles I, III and V of S. Res. 445 are printed in this appendix.
S. Res. 28, 112-1, a resolution to establish as a standing order of
the Senate that a Senator publicly disclose a notice of intent to
objecting to any measure or matter, passed the Senate Jan. 27, 2011. S.
Res. 29, 112-1, a resolution to permit the waiving of the reading of an
amendment if the text and adequate notice are provided, passed the
Senate Jan. 27, 2011. S. Res. 15, 113-1, a resolution to improve
procedures for the consideration of legislation and nominations in the
Senate, passed the Senate Jan. 24, 2013. These resolutions made changes
to Senate procedure but did not modify the Standing Rules of the Senate
and therefore could not be included in this document except as an
appendix. S. Res. 28, S. Res 29 and S. Res. 15 are printed in this
appendix.
S. RES. 445
To eliminate certain restrictions on service of a Senator on the
Senate Select Committee on Intelligence.
IN THE SENATE OF THE UNITED STATES
October 1, 2004
Mr. Lott submitted the following resolution; which was referred to the
Committee on Rules and Administration
October 5, 2004
Reported by Mr. Lott, without amendment
October 9, 2004
Considered, amended, and agreed to
RESOLUTION
To eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence.
Resolved,
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
(B)(i) the United States Citizenship and Immigration
Service; or
(ii) the immigration functions of the United States
Customs and Border Protection or the United States
Immigration and Custom Enforcement or the Directorate
of Border and Transportation Security; and
(C) the following functions performed by any employee
of the Department of Homeland Security--
(i) any customs revenue function including
any function provided for in section 415 of the
Homeland Security Act of 2002 (Public Law 107-
296);
(ii) any commercial function or commercial
operation of the Bureau of Customs and Border
Protection or Bureau of Immigration and Customs
Enforcement, including matters relating to
trade facilitation and trade regulation; or
(iii) any other function related to clause
(i) or (ii) that was exercised by the United
States Customs Service on the day before the
effective date of the Homeland Security Act of
2002 (Public Law 107-296).
The jurisdiction of the Committee on Homeland Security and
Governmental Affairs in this paragraph shall supersede the jurisdiction
of any other committee of the Senate provided in the rules of the
Senate: Provided, That the jurisdiction provided under section
101(b)(1) shall not include the National Flood Insurance Act of 1968,
or functions of the Federal Emergency Management Agency related
thereto.
(2) Archives of the United States.
(3) Budget and accounting measures, other than
appropriations, except as provided in the Congressional Budget
Act of 1974.
(4) Census and collection of statistics, including economic
and social statistics.
(5) Congressional organization, except for any part of the
matter that amends the rules or orders of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of Columbia, except
appropriations therefor.
(10) Organization and management of United States nuclear
export policy.
(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
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 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 V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
This resolution shall take effect on the convening of the 109th
Congress.
S. RES. 28
To establish as a standing order of the Senate that a Senator
publicly disclose a notice of intent to objecting to any measure or
matter.
IN THE SENATE OF THE UNITED STATES
January 27, 2011
Mr. WYDEN (for himself, Mr. GRASSLEY, Mrs. MCCASKILL, Mr. BROWN of
Ohio, Mr. BINGAMAN, Mr. INHOFE, Mrs. MURRAY, Mrs. SHAHEEN, Mr. UDALL of
Colorado, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Ms. COLLINS, Mr. DURBIN, Mrs.
GILLIBRAND, Mr. TESTER, Mr. JOHANNS, Mr. MERKLEY, Mr. BEGICH, and Mr.
MANCHIN) submitted the following resolution; which was considered and
agreed to
RESOLUTION
To establish as a standing order of the Senate that a Senator publicly
disclose a notice of intent to objecting to any measure or matter.
Resolved,
SECTION 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 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 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 XXX, intend to object to XXX,
dated XXX. 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 XXX, on behalf of Senator
XXX.''
(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.
(c) Removal- A Senator may have a 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 XXX, do not object to XXX, dated XXX.'' 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. 29
To permit the waiving of the reading of an amendment if the text
and adequate notice are provided.
IN THE SENATE OF THE UNITED STATES
January 27, 2011
Mr. UDALL of Colorado (for himself and Mr. MERKLEY) submitted the
following resolution; which was considered and agreed to
RESOLUTION
To permit the waiving of the reading of an amendment if the text and
adequate notice are provided.
Resolved,
SECTION 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. 15
To improve procedures for the consideration of legislation and
nominations in the Senate.
IN THE SENATE OF THE UNITED STATES
JANUARY 24 (legislative day, JANUARY 3), 2013
Mr. REID (for himself, Mr. LEVIN, and Mr. MCCAIN) submitted the
following resolution; which was considered and agreed to
RESOLUTION
To improve procedures for the consideration of legislation and
nominations in the Senate.
Resolved,
SECTION 1. CONSIDERATION OF LEGISLATION.
(a) Motion to Proceed and Consideration of Amendments.--A motion to
proceed to the consideration of a measure or matter made pursuant to
this section shall be debatable for no more than 4 hours, equally
divided in the usual form. If the motion to proceed is agreed to the
following conditions shall apply:
(1) The first amendments in order to the measure or matter
shall be one first-degree amendment each offered by the
minority, the majority, the minority, and the majority, in that
order. If an amendment is not offered in its designated order
under this paragraph, the right to offer that amendment is
forfeited.
(2) If a cloture motion has been filed pursuant to rule XXII
of the Standing Rules of the Senate on a measure or matter
proceeded to under this section, it shall not be in order for
the minority to propose its first amendment unless it has been
submitted to the Senate Journal Clerk by 1:00 p.m. on the day
following the filing of that cloture motion, for the majority
to propose its first amendment unless it has been submitted to
the Senate Journal Clerk by 3:00 p.m. on the day following the
filing of that cloture motion, for the minority to propose its
second amendment unless it has been submitted to the Senate
Journal Clerk by 5:00 p.m. on the day following the filing of
that cloture motion, or for the majority to propose its second
amendment unless it has been submitted to the Senate Journal
Clerk by 7:00 p.m. on the day following the filing of that
cloture motion. If an amendment is not timely submitted under
this paragraph, the right to offer that amendment is forfeited.
(3) An amendment offered under paragraph (1) shall be
disposed of before the next amendment in order under paragraph
(1) may be offered.
(4) An amendment offered under paragraph (1) is not divisible
or subject to amendment while pending.
(5) An amendment offered under paragraph (1), if adopted,
shall be considered original text for purpose of further
amendment.
(6) No points of order shall be waived by virtue of this
section.
(7) No motion to commit or recommit shall be in order during
the pendency of any amendment offered pursuant to paragraph
(1).
(8) Notwithstanding rule XXII of the Standing Rules of the
Senate, if cloture is invoked on the measure or matter before
all amendments offered under paragraph (1) are disposed of, any
amendment in order under paragraph (1) but not actually pending
upon the expiration of post-cloture time may be offered and may
be debated for not to exceed 1 hour, equally divided in the
usual form. Any amendment offered under paragraph (1) that is
ruled non-germane on a point of order shall not fall upon that
ruling, but instead shall remain pending and shall require 60
votes in the affirmative to be agreed to.
(b) Sunset.--This section shall expire on the day after the date of
the sine die adjournment of the 113th Congress.
SEC. 2. CONSIDERATION OF NOMINATIONS.
(a) In General.--
(1) Post-Cloture Consideration.--If cloture is invoked in
accordance with rule XXII of the Standing Rules of the Senate
on a nomination described in paragraph (2), there shall be no
more than 8 hours of post-cloture consideration equally divided
in the usual form.
(2) Nominations Covered.--A nomination described in this
paragraph is any nomination except for the nomination of an
individual--
(A) to a position at level I of the Executive
Schedule under section 5312 of title 5, United States
Code; or
(B) to serve as a judge or justice appointed to hold
office during good behavior.
(b) Special Rule for District Court Nominees.--If cloture is
invoked in accordance with rule XXII of the Standing Rules of the
Senate on a nomination of an individual to serve as a judge of a
district court of the United States, there shall be no more than 2
hours of post-cloture consideration equally divided in the usual form.
(c) Sunset.--This section shall expire on the day after the date of
the sine die adjournment of the 113th Congress.
INDEX
A
Page
Absence of:
Senators..................................................... 4
Vice President............................................... 1
Acting President pro tempore, duties of the Chair................ 1
Additional numbers of documents, printing of..................... 7
Additional views in committee reports............................ 35
Adjourn, motion to............................................... 4, 15
Aging, Special Committee on, membership of....................... 28
Agriculture, Nutrition, and Forestry, Committee on............... 19
Amend, motion to................................................. 16
Amendment(s):
Committee, not within jurisdiction........................... 11
Congressionally directed spending............................ 67
Division of a question....................................... 10
Not in order.................................................10, 11
Of the rules................................................. 4
Post-cloture.................................................16, 17
Reduced to writing........................................... 10
Tabled without prejudice to the bill......................... 10
To appropriations bills......................................11, 12
Treaties..................................................... 43
Announcement of committee hearings............................... 32
Appeal from ruling of the Chair..................................14, 15
Appointment of:
Committees................................................... 18
Senator to the Chair......................................... 1
Senator, by Governor......................................... 3
Appropriations bills:
Amendments, restrictions on.................................. 11
New spending authority....................................... 20
Points of order.............................................. 11
Private claims prohibited.................................... 11
Procedure on................................................. 11
Reappropriating unexpended balances.......................... 12
Reports to identify items not required to carry out
provisions of existing law................................. 11
Rescission of appropriations................................. 20
Appropriations, Committee on:
Excepted from certain procedures..........................13, 31-38
Jurisdiction of.............................................. 19
Armed Services, Committee on..................................... 20
Assistant Secretary of the Senate, duties of the Chair........... 1
Authorization, expenditure, for committees....................... 35
B
Banking, Housing, and Urban Affairs, Committee on................ 20
Bills and resolutions:
See Amendment(s).
See Appropriations bills.
Calendar call................................................ 5
Enrollment of................................................ 9
Introduction of.............................................5, 6, 9
Motion to commit............................................. 9
Over, under the rule......................................... 6, 9
Pension bills................................................ 10
Preambles.................................................... 10
Printing of.................................................. 7
Private bills................................................ 10
Reading of................................................... 9
Reference to committees...................................... 9, 12
Reported from committees. See also Reports, committee.9, 12, 13, 34
Signing enrolled bills....................................... 1
To lie over one day.......................................... 9
Broadcasting of committee hearings............................... 33
Budget, Committee on the......................................... 21
Excepted from certain procedures......................31-32, 35, 37
Business:
Continued from session to session............................ 13
Executive or confidential....................................38, 41
Morning business............................................. 5
Order of..................................................... 6
Special orders............................................... 7
``Byrd rule.'' See 2 U.S.C. 644. [Senate Manual Sec. 622, S. Doc.
112-1]
C
Calendar of bills and resolutions:
Calendar Monday.............................................. 5
Calendar, call of............................................ 5
Consideration of items on.................................... 9
Placing of items on.......................................... 9
Calendar of special orders....................................... 7
Candidates of U.S. Senate, financial disclosure requirements. See
5 U.S.C. App. 6. [Senate Manual Sec. 439]
Capitol, Senate wing, regulation of.............................. 45
Certificates of election or appointments of Senator:
Forms of..................................................... 2, 3
Record of.................................................... 2
Chair. See also Presiding Officer:
Order in the Chamber or Galleries, enforcement............... 14
Performance of duties by others.............................. 1
Rulings, appeal from.........................................14, 15
Chairman, committee:
Appointment of............................................... 18
Duty to report approved measures promptly.................... 35
Limitations on service....................................... 29
Ranking majority member to serve in absence of............... 32
Resignation of............................................... 19
Chaplain, daily prayer by........................................ 4
Charitable contribution in lieu of honorarium.................... 55
Claims, private.................................................. 10
Closed session of:
Committees...................................................33, 34
Conferences.................................................. 40
Senate....................................................... 15
Cloture procedure:
Extension of debate.......................................... 16
Filing the cloture motion.................................... 15
Quorum required.............................................. 16
Reading of Journal dispensed with............................ 3
30-hour limit................................................ 16
Code of Official Conduct. See Senate Code of Official Conduct.
Commencement of daily sessions................................... 3
Commerce, Science, and Transportation, Committee on.............. 21
Commit, motion to................................................ 9, 15
Committee powers................................................. 30
Committee(s), joint:
Economic..................................................... 28
Taxation.....................................................29, 30
Committee(s), select:
Ethics....................................................... 29
Intelligence................................................. 28
Committee(s), special:
Aging........................................................ 28
Committee(s), standing:
Agriculture, Nutrition, and Forestry......................... 19
Appropriations. See also Appropriations, Committee on........ 19
Armed Services............................................... 20
Banking, Housing, and Urban Affairs.......................... 20
Budget. See also Budget, Committee on the.................... 21
Commerce, Science, and Transportation........................ 21
Energy and Natural Resources................................. 22
Environment and Public Works................................. 22
Finance...................................................... 23
Foreign Relations............................................ 23
Governmental Affairs......................................... 24
Health, Education, Labor, and Pensions....................... 25
Judiciary.................................................... 25
Rules and Administration. See also Rules and Administration,
Committee on............................................... 26
Small Business and Entreprenesurship......................... 27
Veterans' Affairs............................................ 27
Committee(s):
Amendments, not within jurisdiction.......................... 12
Appointment of............................................... 18
Chairman. See Chairman, committee.
Conference, reports of.......................................39, 40
Discharge, motion to......................................... 13
Expenditure authorizations................................... 35
Hearings. See Hearings, committee.
Investigations, authority for................................ 31
Jurisdiction, questions of................................... 12
Legislation jointly or sequentially referred................. 12
Legislative review by........................................35, 38
Meetings. See Meetings of committees.
Membership. See Membership of committees.
Minority staff............................................... 39
Powers, continuous........................................... 19
Procedure.................................................... 31
Proxies, use of..............................................34, 35
Quorum....................................................... 34
Records. See Records of committees.
Reference of bills and resolutions to........................ 9, 12
Report on committee activities............................... 35
Reports. See Reports, committee.
Rules of..................................................... 31
Sessions of.................................................. 31
Sitting while the Senate is in session....................... 32
Staff........................................................ 39
Subcommittees, limitation on service on......................29, 30
Subpoena power............................................... 31
Voting.......................................................33, 34
Witnesses.................................................... 31-33
Communications from heads of departments......................... 5
Computer facilities, restrictions on use......................... 63
Conference committees, reports of:
Adding new matter............................................40, 69
Public availability.......................................... 41
Striking matter committed by both Houses..................... 40
Confidential business, disclosure prohibited..................... 42
Confidential proceedings to be kept in separate book............. 4
Conflict of interest:
Ethics rule.................................................. 56
Voting....................................................... 8
Congressional Record:
Committee rules of procedure to be published in.............. 31
Memorials and petitions, summary to be printed in............ 5
Nominations to be printed in................................. 44
Constituent services............................................. 65
Contribution (charitable) in lieu of honorarium.................. 55
Contribution converted to personal use prohibited................ 56
Contributions, political, to nominees for U.S. Senator. See 2
U.S.C. Sec. Sec. 431-437. [Senate Manual Secs. 586-589, S. Doc.
112-1]
``Cordon rule'' (Rule 26, para. 12).............................. 38
Conventions, National Party...................................... 51
Credentials, presentation of..................................... 1, 2
D
Daily sessions, commencement of.................................. 3
Debate:
Close, motion to. See Cloture procedure.
Germaneness of............................................... 14
Procedure in................................................. 14
Discharge a committee, motion to................................. 13
Disclosure of confidential business prohibited................... 42
Disclosure of financial interests by Senators, officers and
employees of the Senate........................................ 45
Discrimination prohibited in employment practices................ 66
Division of a question........................................... 10
E
Earmarks. See Spending, ``Congessionally Directed''
Election of Senators, certificates............................... 2
Employees of the Senate:
Authority of Senators and officers over employees............42, 60
Committee employees. See Committee(s): Staff.
Conflict of interest......................................... 56
Employment discrimination prohibited......................... 66
Employment negotiations...................................... 59
Financial disclosure......................................... 45
Floor privilege.............................................. 17
Foreign travel...............................................48, 62
Gifts........................................................ 46
Non-government employees, use of restricted.................. 65
Outside earned income........................................ 56
Political fund activity...................................... 64
Post-employment lobbying restrictions........................ 58
Representation of petitioners................................ 66
Temporary, 90-day limit...................................... 65
Energy and Natural Resources, Committee on....................... 22
Enrollment of bills and resolutions.............................. 9
Signing of same.............................................. 9
Environment and Public Works, Committee on....................... 22
Ethics Rules. See Senate Code of Official Conduct.
Ethics, Select Committee on, membership.......................... 29
Executive sessions of the Senate................................. 42
Motion to proceed to executive business...................... 15
Nominations.................................................. 43
President furnished with records............................. 45
Proceedings to be kept in separate book...................... 4
Treaties..................................................... 43
Expenditure authorizations, committee............................ 35
F
Fair employment practices........................................ 66
Filing of committee reports......................................34, 36
Finance, Committee on............................................ 23
Financial disclosure. See also 5 U.S.C. App. 6. [Senate Manual
Sec. 1172, S. Doc. 112-1]...................................... 45
Floor:
Privilege of................................................. 17
Recognition.................................................. 14
Foreign Relations, Committee on.................................. 23
Foreign travel by Senators, officers and employees............... 62
Advance authorization and disclosure......................... 62
Franking privilege:
See also Mass mailing.
Use of official funds........................................ 63
G
Galleries:
News media, regulation of....................................44, 63
Occupants of, no Senator shall call attention to............. 14
Order in, enforcement........................................ 14
Germaneness of debate............................................ 14
Gifts to Senators, officers, employees, spouses and dependents.
See also 2 U.S.C. 31-2. [Senate Manual Sec. 308, S. Doc. 112-1] 46
Governmental Affairs, Committee on............................... 24
H
Health, Education, Labor, and Pensions, Committee on............. 25
Hearings, committee
Announcement of.............................................. 32
Authority for................................................ 31
Availability................................................. 13
Broadcasting/televising of................................... 33
Closed....................................................... 33
Executive decisions.......................................... 13
Open......................................................... 33
Printing of.................................................. 32
Procedure.................................................... 31
Scheduling...................................................31, 32
Staff summary of witness testimony........................... 32
Stenographic assistance for reporting of..................... 31
Witnesses....................................................31, 32
House of Representatives:
Bills or messages from......................................5, 6, 9
Concurrence required for printing additional copies at a cost
exceeding the sum established by law....................... 7
Messages to.................................................. 6
Motion to request return of an item from..................... 8
I
Impeachment proceedings to be kept in separate book.............. 4
Indian Affairs, Committee on, membership......................... 29
Injunction of secrecy............................................42, 43
Intelligence, Select Committee on, membership.................... 28
Investigations, committee authority for.......................... 31
J
Joint Committee on Taxation, membership.......................... 29
Joint Economic Committee, membership............................. 28
Joint referral to committees of proposed legislation............. 12
Journal:
Contents of.................................................. 4
Legislative, executive, confidential, and impeachment
proceedings to be kept in separate books................... 4
Reading of..............................................3, 4, 5, 39
Judiciary, Committee on the...................................... 25
Jurisdiction of committees....................................... 18-29
L
Lame-duck foreign travel prohibited.............................. 60
Leaders, Majority and Minority
Authority over certain employees.............................61, 64
Cloture, control of additional time.......................... 16
Committee membership, temporary increases in................. 29
Committees, permission to meet while Senate is in session.... 32
Joint referral of bills...................................... 12
2-day rule waiver............................................ 13
``Leaks.'' Disclosure of confidential business................... 42
Legislation jointly referred to committees....................... 12
Legislative proceedings to be kept in separate book.............. 4
Legislative review by standing committees:
Appropriations and Budget Committees excepted................ 35
Due by Mar. 31 in odd years.................................. 35
Lobbying, restrictions on former Members or employees............ 58-60
M
Majority Leader. See Leaders, Majority and Minority.
Mass mailing under the frank:
Exceptions................................................... 63
Pre-election restrictions.................................... 63
Public inspection, available for............................. 63
Quarterly reports............................................ 63
Registration of mass mailings with Secretary of the Senate... 63
Meetings of committees:
See also Hearings, committee
Broadcasting or televising................................... 33
Closed and open sessions..................................... 33
Order, maintenance of........................................ 33
Permission to meet while Senate is in session................ 32
Public announcement.......................................... 32
Public availability.......................................... 33
Record of (transcript or electronic)......................... 34
Regular meeting days......................................... 31
Requesting a special meeting................................. 31
Scheduling................................................... 31-33
Membership of committees......................................... 28-31
Appointment of............................................... 18
Ex officio................................................... 29
Limitations and exceptions in respect to..................... 29-30
Temporary increases in (by leadership agreement)............. 29
Memorials. See Petitions or memorials
Messages from:
House of Representatives..................................... 6
President of the United States............................... 6
Messages to:
House of Representatives..................................... 6
President of the United States............................... 7
Minority Leader. See Leaders, Majority and Minority
Minority views in committee reports.............................. 37
Minority:
Staff of committees.......................................... 39
Witnesses before committees.................................. 32
Morning business................................................. 5, 6
Morning hour, conclusion of....................................5, 6, 14
Motion to:
Adjourn....................................................4, 6, 15
Amend........................................................ 15
Amend or correct the Journal................................. 3
Amend the part to be stricken................................ 10
Change order of special orders............................... 7
Close debate. See also Cloture procedure..................... 15
Commit a bill or resolution.................................. 9, 15
Compel the presence of absent Senators....................... 4
Continue consideration of a subject.......................... 6
Discharge a committee from consideration of a matter......... 13
Extend post-cloture debate................................... 16
Lay before the Senate bills or other matters from the
President or the House..................................... 5
Lay on the table............................................. 15
Postpone indefinitely........................................ 15
Print documents.............................................. 7
Proceed to consideration of a change in Standing Rules....... 6
Proceed to executive business................................ 15
Proceed to other business.................................... 6
Recess....................................................... 15
Reconsider................................................... 10
Reconsider a nomination...................................... 44
Reduced to writing........................................... 10
Refer a matter to committee.................................. 12
Request return of an item from the House..................... 8
Strike out and insert........................................ 10
Suspend, modify, or amend any rule........................... 4
Motions:
Precedence of................................................10, 15
To be in writing if requested................................ 10
Withdrawal or modification of by mover....................... 10
N
Nominations:
Injunction of secrecy........................................ 44
Proceedings on............................................... 43
Noncurrent records of the Senate................................. 7
O
Oath, Senatorial................................................. 3
Objection to reading a paper..................................... 7
Offensive references to another Senator or State prohibited...... 14
Office accounts of Senators, unofficial, prohibited.............. 61
Office expenses, use of contributed funds prohibited............. 62
Officers of the Senate:
Authority over employees.....................................39, 53
Conflict of interest......................................... 56
Financial disclosure......................................... 45
Foreign travel...............................................48, 62
Gifts........................................................ 46
Outside earned income........................................ 56
Political fund activity...................................... 64
Post employment lobbying restrictions........................ 58-60
Official funds, use of for mass mailing.......................... 63
Open sessions:
Committees................................................... 33
Conferences.................................................. 39
Order:
In Chamber or Galleries, enforcement......................... 14
In committees, enforcement................................... 33
Of business.................................................. 6
Of special orders............................................ 7
Questions of................................................. 15
Outside earned income............................................ 56
P
Papers:
Objection to reading......................................... 7
Printing of.................................................. 7
Transfer of noncurrent records............................... 7
Withdrawal of................................................ 7
``Pastore rule'' (Rule 19, para. 1(b))........................... 14
Pecuniary interest...........................................57, 69, 70
Pension bills.................................................... 10
Personnel on detail from other agencies.......................... 39
Petitions or memorials:
Presentation of.............................................. 5
Reference of................................................. 5
Summary of, to be printed in Congressional Record............ 5
Pledge of Allegiance to the Flag of the U.S...................... 3
Points of order:
Amendments not within committee's jurisdiction............... 12
Appropriations bill proposing new or general legislation..... 11
Conference report, new matter in............................. 40
Certification of earmarks.................................... 67-70
During cloture proceedings................................... 16
Measure reported from a committee............................ 36
New directed spending........................................68, 69
New matter added in conference............................... 40
Reappropriating unexpended balances.......................... 12
Restriction on expenditure of funds appropriated.............11, 12
Striking matter committed by both Houses..................... 40
Political fund activity by officers and employees:
Compliance with Code of Conduct.............................. 64
Post-employment revolving door................................... 58
Postpone, motion to.............................................. 15
Powers, committee................................................ 19
Prayer, daily, by Chaplain....................................... 3
Preambles........................................................ 10
Precedence of motions............................................10, 15
Presentation of credentials...................................... 1, 2
President of the United States
Bills or messages from....................................... 5, 6
Communications, confidential, from........................... 42
Former Presidents entitled to address the Senate............. 14
Meeting with Senate on executive business.................... 42
Messages to.................................................. 7
Transcript of executive records..............................42, 44
President pro tempore. See also Presiding Officer:
Vice President, absence of................................... 1
Presiding Officer. See also Chair.
Bills or other matters from the President or the House, may
at any time lay before the Senate.......................... 5
Calling a Senator to order................................... 14
Cloture debate, to keep time during.......................... 16
Directing a Senator to take his/her seat..................... 14
Order in the Chamber or galleries, enforcement............... 14
President pro tempore........................................ 1
Recognition of a Senator who desires to speak................13, 14
Rules for regulation of Senate wing, enforcement............. 45
Rulings, appeal from......................................... 14
Printing of:
Additional numbers of documents.............................. 7
Bills and resolutions........................................ 7
Committee reports............................................ 7, 34
Conference reports........................................... 39
Hearings, committee..........................................13, 34
Papers received from the House............................... 7
Private bills and claims.........................................10, 11
Privilege of the floor........................................... 17
Procedure, committee............................................. 31
Proxies, use of in committee.....................................34, 35
Q
Question:
Division of a................................................ 10
Of absence of a quorum....................................... 4
Of order..................................................... 14
Quorum:
Absence of, question of...................................... 4
For cloture vote............................................. 16
For unanimous consent to take a final vote on a specific date 8
Of a committee............................................... 34
Of the Senate................................................ 4
Sergeant at Arms to obtain attendance of absent Senators..... 4
R
Radio and television:
Broadcasting of committee meetings........................... 33
Studios, restrictions on use................................. 64
Ranking majority member of a committee to serve in absence of the
chairman....................................................... 32
Ratification of treaties......................................... 43
Reading of:
Bills and joint resolutions.................................. 9
Journal....................................................3, 4, 39
Paper, objection to.......................................... 7
Recess, motion to................................................ 15
Reconsideration.................................................. 8
Records of committees:
Actions...................................................... 34
Availability to all members.................................. 32
Proceedings (open or closed)................................. 33
Separate from chairman's office records...................... 36
Votes........................................................34, 35
Records of the Senate, noncurrent................................ 7
Records, financial disclosure.................................... 45
Reference, to committees..................................5, 10, 12, 13
Regulation of the Senate wing of the Capitol..................... 45
Reports, committee:
Activities during the preceding Congress..................... 35
Availability of (2-day rule)................................. 13
Conference committees........................................ 36-38
Contents required............................................ 36
Cost estimate................................................ 37
Debate equally divided....................................... 40
Filing of.................................................... 35
Legislative review........................................... 35
Printing of.................................................. 7, 34
Proposed changes in existing law............................. 35
Regulatory impact statement................................. 37
Submission of................................................ 5
Supplemental, minority, or additional views.................. 36
Tabulation of votes cast..................................... 35
To identify items not required to carry out provisions of
existing law............................................... 11
To lie over one day.......................................... 13
2-day rule................................................... 13
Reports, conference. See Conference reports.
Reports, financial disclosure.................................... 45
Representation by members........................................ 66
Restrictions on mass mailings.................................... 63
Rules and Administration, Committee on:
Computer facilities, oversight............................... 63
Floor privilege, regulation of............................... 17
Jurisdiction................................................. 26
Motions to print documents to be referred to................. 7
Personnel detailed from other agencies....................... 39
Senate wing, regulation of................................... 45
Stenographic assistance to committees, regulations of........ 31
Strategic plan for infrastructure support.................... 27
Rules of committees.............................................. 31
Rules of the Senate:
Continuance in effect from Congress to Congress.............. 4
Motion to suspend, modify, or amend.......................... 4, 6
Suspension by unanimous consent.............................. 4
S
Scheduling of committee sessions................................. 31-33
Secretary of the Senate:
Assistant Secretary of the Senate............................ 1
Certificates of election, record of.......................... 2
Duties of the Chair.......................................... 1
Enrollment of bills and resolutions and presentation of same
to the President........................................... 9
Financial disclosure......................................... 45
Mass mailings, registration of............................... 63
Messages to the President and House to be delivered by....... 6, 7
Nominations, duties pertaining to............................43, 44
Petitions, memorials, bills or resolutions, function with
respect to................................................. 6
Transfer of noncurrent records............................... 7
Withdrawal of papers......................................... 7
Senate Chamber:
Floor privilege.............................................. 17
For Senate use only.......................................... 45
Galleries....................................................14, 45
Order in, enforcement........................................ 14
Regulation of................................................ 45
Smoking prohibited........................................... 45
Senate Code of Official Conduct:
Conflict of interest......................................... 56
Employment practices......................................... 64
Employment negotiations...................................... 60
Financial disclosure, public................................. 45
Foreign travel...............................................48, 62
Franking privilege........................................... 63
Gifts........................................................ 46
Outside earned income........................................ 56
Personal use of contributed funds prohibited................. 61
Political fund activity...................................... 64
Post-employment lobbying restrictions........................ 58
Radio and television studios................................. 63
Representation by members.................................... 66
Unofficial office accounts prohibited........................ 61
Senate floor, persons admitted to................................ 17
Senate Office Buildings, regulation of........................... 45
Senate wing of the Capitol, regulation of........................ 45
Senators:
Absence of................................................... 4
Appointment by Governor...................................... 3
Certificates of election or appointment...................... 2, 3
Code of Official Conduct. See Senate Code of Official
Conduct.
Conflict of interest......................................... 56
Directed to take his/her seat................................ 14
Disparaging references prohibited............................ 14
Employment negotiations...................................... 60
Financial disclosure......................................... 45
Foreign travel...............................................48, 62
Franking privilege........................................... 63
Gifts........................................................ 46
Oath of office............................................... 3
Outside earned income........................................ 56
Post-employment lobbying restrictions........................ 58
Radio and television studios, use of......................... 63
Representation of petitioners................................ 66
Sergeant at Arms:
Financial disclosure......................................... 45
Quorum, function in obtaining................................ 4
Sessions:
Committee. See Meetings of committees.
Executive. See Executive sessions of the Senate.
With closed doors............................................ 15
Small Business, Committee on..................................... 27
Smoking in Senate Chamber prohibited............................. 45
Special orders................................................... 7
Spending:
Certification................................................ 67
Congressionally directed..................................... 67-71
Identification............................................... 67
Limited tariff benefit....................................... 67-71
Limited tax benefit.......................................... 67-71
New directed spending........................................ 70
Public availability of requests..............................67, 68
Standing Rules of the Senate:
Continuance in effect from Congress to Congress.............. 4
Motion to suspend, modify, or amend.......................... 4, 6
Suspension by unanimous consent.............................. 4
State, offensive references prohibited........................... 14
Statements of witnesses before committees, staff summary......... 32
Stenographic assistance for reporting of committee hearings...... 31
Striking matter committed by both Houses......................... 40
Certification of earmarks.................................... 67
New directed spending........................................ 69-71
New matter added in conference............................... 40
Subcommittees, limitation of service on..........................29, 30
Subpoena power of committees..................................... 31
Summary of testimony before committees, by staff................. 32
Supplemental expenditure authorizations for committees........... 36
Supplemental views in committee reports.......................... 36
Suspension of the rules.......................................... 4
T
Table, motion to................................................. 15
Taxation, Joint Committee on, membership......................... 29
Televising of committee hearings................................. 33
Television and Radio Studios:
Exemption from restrictions.................................. 63
User restrictions............................................ 63
Tickets:
Entertainment and sporting events............................ 47
Valuation.................................................... 47
Travel expenses, foreign.........................................54, 62
Travel Expenses:
Certification................................................53, 54
Flight--fair market value....................................48, 62
Reimbursements...............................................51, 52
Treaties:
Amendments................................................... 43
Injunction of secrecy........................................ 42
Proceedings on............................................... 43
Trust funds. See Rule 34. See also 5 U.S.C. App. 6 [Senate Manual
Sec. 1172, S. Doc. 112-1]...................................... 46
2-day rule (Rule 17, para. 5).................................... 13
U
Unanimous consent:
To change or withdraw a Senator's vote....................... 8
To proceed to consideration of a subject..................... 5
To reconsider a question..................................... 8
To suspend a rule............................................ 4
To suspend reading of the Journal............................ 3, 4
To take a final vote on a specific date...................... 8
Unfinished business.............................................. 6, 14
Unofficial office accounts prohibited............................52, 61
V
Veterans' Affairs, Committee on.................................. 27
Vice President................................................... 1
Voting:
Changing or withdrawing a Senator's vote..................... 8
Committee....................................................34, 35
Conflict of interest......................................... 8
Reconsideration.............................................. 8
Senator declining to vote.................................... 8
Unanimous consent to take a final vote on a specific date.... 8
Yeas and nays................................................ 8
W
Withdrawal:
Of motion, amendment, or resolution.......................... 10
Of papers.................................................... 7
Witnesses, committee
Authority to summon.......................................... 31
Selected by minority......................................... 32
To file advance statements................................... 32
Y
Yeas and nays:
See Voting.
Conflict of interest......................................... 8