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double-tap a word · tap elsewhere to close1Rule.. I
2APPOINTMENT OF A SENATOR TO THE CHAIR
41.
5 In the absence
6 of the Vice President,
7 the Senate shall choose
8 a President pro tempore,
9 who shall hold the office
10 and execute the duties thereof
11 during the pleasure
12 of the Senate
13 and until another is elected
14 or his term of office
15 as a Senator expires.
172.
18 In the absence
19 of the Vice President,
20 and pending the election
21 of a President pro tempore,
22 the Acting President pro tempore
23 or the Secretary
24 of the Senate,
25 or in his absence
26 the Assistant Secretary,
27 shall perform the duties
28 of the Chair.
303.
31 The President pro tempore
32 shall have the right
33 to name
34 in open Senate
35 or, if absent,
36 in writing,
37 a Senator
38 to perform the duties
39 of the Chair,
40 including the signing
41 of duly enrolled bills
42 and joint resolutions
43 but such substitution
44 shall not extend
45 beyond an adjournment,
46 except by unanimous consent;
47 and the Senator so named
48 shall have the right
49 to name
50 in open session,
51 or, if absent,
52 in writing,
53 a Senator
54 to perform the duties
55 of the Chair,
56 but not to extend
57 beyond an adjournment,
58 except by unanimous consent.
60Rule.. II
61PRESENTATION OF CREDENTIALS
62AND QUESTIONS OF PRIVILEGE
641.
65 The presentation
66 of the credentials
67 of Senators elect
68 or of Senators designate
69 and other questions
70 of privilege
71 shall always be in order,
72 except during the reading
73 and correction
74 of the Journal,
75 while a question of order
76 or a motion to adjourn
77 is pending,
78 or while the Senate is voting
79 or ascertaining the presence
80 of a quorum;
81 and all questions and motions
82 arising or made
83 upon the presentation
84 of such credentials
85 shall be proceeded with
86 until disposed of.
882.
89 The Secretary shall keep a record
90 of the certificates of election
91 and certificates of appointment
92 of Senators
93 by entering
94 in a well-bound book
95 kept for that purpose
96 the date
97 of the election or appointment,
98 the name
99 of the person elected
100 or appointed,
101 the date
102 of the certificate,
103 the name
104 of the governor
105 and the secretary of state
106 signing and counter-signing
107 the same,
108 and the State
109 from which such Senator
110 is elected or appointed.
1123.
113 The Secretary of the Senate
114 shall send copies
115 of the following recommended forms
116 to the governor
117 and secretary of state
118 of each State
119 wherein an election
120 is about to take place
121 or an appointment
122 is to be made
123 so that they may use such forms
124 if they see fit.
126THE RECOMMENDED FORMS
127FOR CERTIFICATES OF ELECTION
128AND CERTIFICATE OF APPOINTMENT
129ARE AS FOLLOWS:
131CERTIFICATE OF ELECTION
132FOR SIX-YEAR TERM
134To the President of the Senate
135 of the United States:
137This is to certify
138 that on the __ day of __, 20_,
139 A__ B__ was duly chosen
140 by the qualified electors
141 of the State of __
142 a Senator from said State
143 to represent said State
144 in the Senate
145 of the United States
146 for the term of six years,
147 beginning
148 on the 3d day of January, 20__.
150Witness:
151 His excellency our governor __,
152 and our seal hereto affixed at ___
153 this __ day of __,
154 in the year of our Lord 20__.
156By the governor:
157C__ D__,
158 Governor.
159E__ F__,
160 Secretary of State.
162CERTIFICATE OF ELECTION
163FOR UNEXPIRED TERM
165To the President of the Senate
166 of the United States:
168This is to certify
169 that on the __ day of __, 20__,
170 A__ B__ was duly chosen
171 by the qualified electors
172 of the State of __
173 a Senator
174 for the unexpired term
175 ending at noon
176 on the 3d day of January, 20__,
177 to fill the vacancy
178 in the representation
179 from said State
180 in the Senate
181 of the United States
182 caused by the __ of C__ D__.
184Witness:
185 His excellency our governor __,
186 and our seal hereto affixed at ___
187 this __ day of __,
188 in the year of our Lord 20__.
190By the governor:
191E__ F__,
192 Governor.
193G__ H__,
194 Secretary of State.
196CERTIFICATE OF APPOINTMENT
198To the President of the Senate
199 of the United States:
201This is to certify
202 that, pursuant to the power vested in me
203 by the Constitution
204 of the United States
205 and the laws
206 of the State of __,
207 I, A__ B__,
208 the governor of said State,
209 do hereby appoint C__ D__
210 a Senator from said State
211 to represent said State
212 in the Senate
213 of the United States
214 until the vacancy therein
215 caused by the __ of E__ F__,
216 is filled by election
217 as provided by law.
219Witness:
220 His excellency our governor __,
221 and our seal hereto affixed at ___
222 this __ day of __,
223 in the year of our Lord 20__.
225By the governor:
226G__ H__,
227 Governor.
228I__ J__,
229 Secretary of State.
231Rule.. III
232OATHS
234The oaths or affirmations
235 required by the Constitution
236 and prescribed by law
237 shall be taken and subscribed
238 by each Senator,
239 in open Senate,
240 before entering upon his duties.
242OATH REQUIRED BY THE CONSTITUTION
243AND BY LAW TO BE TAKEN BY SENATORS
245"I, A__ B__,
246 do solemnly swear
247 (or affirm)
248 that I will support and defend
249 the Constitution
250 of the United States
251 against all enemies,
252 foreign and domestic;
253 that I will bear true faith
254 and allegiance to the same;
255 that I take this obligation freely,
256 without any mental reservation
257 or purpose of evasion;
258 and that I will well
259 and faithfully discharge
260 the duties of the office
261 on which I am about to enter:
262 So help me God."
263 (5 U.S.C. 3331.)
265Rule.. IV
266COMMENCEMENT OF DAILY SESSIONS
2681.
269 (a)
270 The Presiding Officer
271 having taken the chair,
272 following the prayer
273 by the Chaplain,
274 and after the Presiding Officer,
275 or a Senator designated
276 by the Presiding Officer,
277 leads the Senate
278 from the dais
279 in reciting
280 the Pledge of Allegiance
281 to the Flag
282 of the United States,
283 and a Quorum being present,
284 the Journal
285 of the preceding day
286 shall be read
287 unless by nondebatable motion
288 the reading shall be waived,
289 the question being,
290 "Shall the Journal
291 stand approved to date?",
292 and any mistake made
293 in the entries corrected.
294 Except as provided
295 in subparagraph (b)
296 the reading of the Journal
297 shall not be suspended
298 unless by unanimous consent;
299 and when any motion shall be made
300 to amend or correct the same,
301 it shall be deemed
302 a privileged question,
303 and proceeded with
304 until disposed of.
306 (b)
307 Whenever the Senate is proceeding
308 under paragraph 2
309 of rule XXII,
310 the reading of the Journal
311 shall be dispensed with
312 and shall be considered approved
313 to date.
315 (c)
316 The proceedings of the Senate
317 shall be briefly
318 and accurately stated
319 on the Journal.
320 Messages of the President in full;
321 titles of bills and resolutions,
322 and such parts
323 as shall be affected
324 by proposed amendments;
325 every vote,
326 and a brief statement
327 of the contents
328 of each petition, memorial,
329 or paper presented
330 to the Senate,
331 shall be entered.
333 (d)
334 The legislative,
335 the executive,
336 the confidential legislative proceedings,
337 and the proceedings
338 when sitting
339 as a Court of Impeachment,
340 shall each be recorded
341 in a separate book.
3432.
344 During a session of the Senate
345 when that body
346 is in continuous session,
347 the Presiding Officer
348 shall temporarily suspend
349 the business of the Senate
350 at noon each day
351 for the purpose
352 of having the customary daily prayer
353 by the Chaplain.
355Rule.. V
356SUSPENSION AND AMENDMENT OF THE RULES
3581.
359 No motion to suspend, modify,
360 or amend any rule,
361 or any part thereof,
362 shall be in order,
363 except on one day's notice
364 in writing,
365 specifying precisely the rule
366 or part proposed
367 to be suspended,
368 modified, or amended,
369 and the purpose thereof.
370 Any rule may be suspended
371 without notice
372 by the unanimous consent
373 of the Senate,
374 except as otherwise provided
375 by the rules.
3772.
378 The rules of the Senate
379 shall continue
380 from one Congress
381 to the next Congress
382 unless they are changed
383 as provided
384 in these rules.
386Rule.. VI
387QUORUM —
388ABSENT SENATORS MAY BE SENT FOR
3901.
391 A quorum shall consist
392 of a majority
393 of the Senators
394 duly chosen and sworn.
3962.
397 No Senator shall absent himself
398 from the service of the Senate
399 without leave.
4013.
402 If, at any time
403 during the daily sessions
404 of the Senate,
405 a question shall be raised
406 by any Senator
407 as to the presence
408 of a quorum,
409 the Presiding Officer
410 shall forthwith direct the Secretary
411 to call the roll
412 and shall announce the result,
413 and these proceedings
414 shall be without debate.
4164.
417 Whenever upon such roll call
418 it shall be ascertained
419 that a quorum is not present,
420 a majority of the Senators present
421 may direct the Sergeant at Arms
422 to request,
423 and, when necessary,
424 to compel the attendance
425 of the absent Senators,
426 which order
427 shall be determined
428 without debate;
429 and pending its execution,
430 and until a quorum shall be present,
431 no debate nor motion,
432 except to adjourn,
433 or to recess
434 pursuant to a previous order
435 entered by unanimous consent,
436 shall be in order.
438Rule.. VII
439MORNING BUSINESS
4411.
442 On each legislative day
443 after the Journal is read,
444 the Presiding Officer
445 on demand of any Senator
446 shall lay before the Senate
447 messages from the President,
448 reports and communications
449 from the heads of Departments,
450 and other communications
451 addressed to the Senate,
452 and such bills,
453 joint resolutions,
454 and other messages
455 from the House
456 of Representatives
457 as may remain upon his table
458 from any previous day's session
459 undisposed of.
460 The Presiding Officer
461 on demand of any Senator
462 shall then call for,
463 in the following order:
464 The presentation
465 of petitions and memorials.
466 Reports of committees.
467 The introduction
468 of bills and joint resolutions.
469 The submission
470 of other resolutions.
471 All of which
472 shall be received and disposed of
473 in such order,
474 unless unanimous consent
475 shall be otherwise given,
476 with newly offered resolutions
477 being called for
478 before resolutions
479 coming over
480 from a previous legislative
481 day
482 are laid before the Senate.
4842.
485 Until the morning business
486 shall have been concluded,
487 and so announced from the Chair,
488 or until one hour
489 after the Senate convenes
490 at the beginning
491 of a new legislative day,
492 no motion to proceed
493 to the consideration
494 of any bill, resolution,
495 report of a committee,
496 or other subject
497 upon the Calendar
498 shall be entertained
499 by the Presiding Officer,
500 unless by unanimous consent:
501 Provided, however,
502 That on Mondays
503 which are the beginning
504 of a legislative day
505 the Calendar shall be called
506 under rule VIII,
507 and until two hours
508 after the Senate convenes
509 no motion shall be entertained
510 to proceed to the consideration
511 of any bill, resolution,
512 or other subject
513 upon the Calendar
514 except the motion
515 to continue the consideration
516 of a bill, resolution,
517 or other subject
518 against objection
519 as provided in rule VIII,
520 or until the call
521 of the Calendar
522 has been completed.
5243.
525 The Presiding Officer may at any time lay,
526 and it shall be in order
527 at any time
528 for a Senator to move to lay,
529 before the Senate,
530 any bill or other matter
531 sent to the Senate
532 by the President
533 or the House
534 of Representatives
535 for appropriate action
536 allowed under the rules
537 and any question pending
538 at that time
539 shall be suspended
540 for this purpose.
541 Any motion so made
542 shall be determined
543 without debate.
5454.
546 Petitions or memorials
547 shall be referred,
548 without debate,
549 to the appropriate committee
550 according to subject matter
551 on the same basis
552 as bills and resolutions,
553 if signed
554 by the petitioner or memorialist.
555 A question of receiving or reference
556 may be raised
557 and determined without debate.
558 But no petition or memorial
559 or other paper
560 signed by citizens or subjects
561 of a foreign power
562 shall be received,
563 unless the same be transmitted
564 to the Senate
565 by the President.
5675.
568 Only a brief statement
569 of the contents
570 of petitions and memorials
571 shall be printed
572 in the Congressional Record;
573 and no other portion
574 of any petition or memorial
575 shall be printed in the Record
576 unless specifically so ordered
577 by vote of the Senate,
578 as provided for
579 in paragraph 4 of rule XI,
580 in which case the order
581 shall be deemed to apply
582 to the body
583 of the petition or memorial
584 only;
585 and names attached
586 to the petition or memorial
587 shall not be printed
588 unless specially ordered,
589 except that petitions and memorials
590 from the legislatures
591 or conventions,
592 lawfully called,
593 of the respective States,
594 Territories,
595 and insular possessions
596 shall be printed in full
597 in the Record
598 whenever presented.
6006.
601 Senators having petitions, memorials,
602 bills, or resolutions to present
603 after the morning hour
604 may deliver them
605 in the absence of objection
606 to the Presiding Officer's desk,
607 endorsing upon them their names,
608 and with the approval
609 of the Presiding Officer,
610 they shall be entered on the Journal
611 with the names
612 of the Senators presenting them
613 and in the absence of objection
614 shall be considered
615 as having been read twice
616 and referred
617 to the appropriate committees,
618 and a transcript of such entries
619 shall be furnished
620 to the official reporter of debates
621 for publication
622 in the Congressional Record,
623 under the direction
624 of the Secretary of the Senate.
626Rule.. VIII
627ORDER OF BUSINESS
6291.
630 At the conclusion
631 of the morning business
632 at the beginning
633 of a new legislative day,
634 unless upon motion
635 the Senate shall at any time
636 otherwise order,
637 the Senate shall proceed
638 to the consideration
639 of the Calendar
640 of Bills and Resolutions,
641 and shall continue such consideration
642 until 2 hours
643 after the Senate convenes
644 on such day
645 (the end of the morning hour);
646 and bills and resolutions
647 that are not objected to
648 shall be taken up in their order,
649 and each Senator
650 shall be entitled to speak once
651 and for five minutes only
652 upon any question;
653 and an objection may be interposed
654 at any stage of the proceedings,
655 but upon motion
656 the Senate may continue
657 such consideration;
658 and this order shall commence
659 immediately after the call
660 for "other resolutions",
661 or after disposition of resolutions
662 coming "over under the rule",
663 and shall take precedence
664 of the unfinished business
665 and other special orders.
666 But if the Senate shall proceed
667 on motion
668 with the consideration
669 of any matter
670 notwithstanding an objection,
671 the foregoing provisions
672 touching debate
673 shall not apply.
6752.
676 All motions made
677 during the first two hours
678 of a new legislative day
679 to proceed to the consideration
680 of any matter
681 shall be determined without debate,
682 except motions to proceed
683 to the consideration
684 of any motion, resolution,
685 or proposal
686 to change any
687 of the Standing Rules
688 of the Senate
689 shall be debatable.
690 Motions made
691 after the first two hours
692 of a new legislative day
693 to proceed to the consideration
694 of bills and resolutions
695 are debatable.
697Rule.. IX
698MESSAGES
7001.
701 Messages from the President
702 of the United States
703 or from the House
704 of Representatives
705 may be received
706 at any stage of proceedings,
707 except while the Senate is voting
708 or ascertaining the presence
709 of a quorum,
710 or while the Journal is being read,
711 or while a question of order
712 or a motion to adjourn
713 is pending.
7152.
716 Messages shall be sent
717 to the House of Representatives
718 by the Secretary,
719 who shall previously certify
720 the determination of the Senate
721 upon all bills,
722 joint resolutions,
723 and other resolutions
724 which may be communicated
725 to the House,
726 or in which its concurrence
727 may be requested;
728 and the Secretary
729 shall also certify and deliver
730 to the President
731 of the United States
732 all resolutions
733 and other communications
734 which may be directed to him
735 by the Senate.
737Rule.. X
738SPECIAL ORDERS
7401.
741 Any subject may,
742 by a vote of two-thirds
743 of the Senators present,
744 be made a special order of business
745 for consideration
746 and when the time so fixed
747 for its consideration arrives
748 the Presiding Officer
749 shall lay it before the Senate,
750 unless there be unfinished business
751 in which case it takes its place
752 on the Calendar of Special Orders
753 in the order of time
754 at which it was made special,
755 to be considered
756 in that order
757 when there is no
758 unfinished business.
7602.
761 All motions to change such order,
762 or to proceed
763 to the consideration
764 of other business,
765 shall be decided without debate.
767Rule.. XI
768PAPERS —
769WITHDRAWAL, PRINTING, READING OF,
770AND REFERENCE
7721.
773 No memorial or other paper
774 presented to the Senate,
775 except original treaties
776 finally acted upon,
777 shall be withdrawn from its files
778 except by order of the Senate.
7802.
781 The Secretary of the Senate
782 shall obtain
783 at the close of each Congress
784 all the noncurrent records
785 of the Senate
786 and of each Senate committee
787 and transfer them
788 to the General Services Administration
789 for preservation,
790 subject to the orders of the Senate.
7923.
793 When the reading of a paper is called for,
794 and objected to,
795 it shall be determined
796 by a vote of the Senate,
797 without debate.
7994.
800 Every motion or resolution
801 to print documents, reports,
802 and other matter
803 transmitted
804 by the executive departments,
805 or to print memorials, petitions,
806 accompanying documents,
807 or any other paper,
808 except bills of the Senate
809 or House of Representatives,
810 resolutions submitted by a Senator,
811 communications
812 from the legislatures or conventions,
813 lawfully called,
814 of the respective States,
815 shall, unless the Senate otherwise order,
816 be referred
817 to the Committee
818 on Rules and Administration.
819 When a motion is made
820 to commit with instructions,
821 it shall be in order
822 to add thereto a motion to print.
8245.
825 Motions or resolutions
826 to print additional numbers
827 shall also be referred
828 to the Committee
829 on Rules and Administration;
830 and when the committee shall report favorably,
831 the report shall be accompanied
832 by an estimate
833 of the probable cost thereof;
834 and when the cost of printing
835 such additional numbers
836 shall exceed the sum established by law,
837 the concurrence
838 of the House of Representatives
839 shall be necessary
840 for an order to print the same.
8426.
843 Every bill and joint resolution
844 introduced or reported from a committee,
845 and all bills and joint resolutions
846 received from the House of Representatives,
847 and all reports of committees,
848 shall be printed,
849 unless, for the dispatch
850 of the business of the Senate,
851 such printing
852 may be dispensed with.
854Rule.. XII
855VOTING PROCEDURE
8571.
858 When the yeas and nays are ordered,
859 the names of Senators
860 shall be called alphabetically;
861 and each Senator shall, without debate,
862 declare his assent or dissent
863 to the question,
864 unless excused by the Senate;
865 and no Senator shall be permitted to vote
866 after the decision
867 shall have been announced
868 by the Presiding Officer,
869 but may for sufficient reasons,
870 with unanimous consent,
871 change or withdraw his vote.
872 No motion to suspend this rule
873 shall be in order,
874 nor shall the Presiding Officer
875 entertain any request
876 to suspend it
877 by unanimous consent.
8792.
880 When a Senator declines to vote
881 on call of his name,
882 he shall be required
883 to assign his reasons therefor,
884 and having assigned them,
885 the Presiding Officer shall submit
886 the question to the Senate:
887 "Shall the Senator
888 for the reasons assigned by him,
889 be excused from voting?"
890 which shall be decided without debate;
891 and these proceedings shall be had
892 after the roll call
893 and before the result is announced;
894 and any further proceedings
895 in reference thereto
896 shall be after such announcement.
8983.
899 A Member,
900 notwithstanding any other provisions
901 of this rule,
902 may decline to vote,
903 in committee or on the floor,
904 on any matter
905 when he believes
906 that his voting on such a matter
907 would be a conflict of interest.
9094.
910 No request by a Senator
911 for unanimous consent
912 for the taking of a final vote
913 on a specified date
914 upon the passage
915 of a bill or joint resolution
916 shall be submitted to the Senate
917 for agreement thereto
918 until after a quorum call
919 ordered for the purpose
920 by the Presiding Officer,
921 it shall be disclosed
922 that a quorum of the Senate is present;
923 and when a unanimous consent is thus given
924 the same shall operate
925 as the order of the Senate,
926 but any unanimous consent
927 may be revoked
928 by another unanimous consent
929 granted in the manner prescribed above
930 upon one day's notice.
932Rule.. XIII
933RECONSIDERATION
9351.
936 When a question has been decided
937 by the Senate,
938 any Senator voting
939 with the prevailing side
940 or who has not voted
941 may, on the same day
942 or on either of the next two days
943 of actual session thereafter,
944 move a reconsideration;
945 and if the Senate shall refuse to reconsider
946 such a motion entered,
947 or if such a motion is withdrawn
948 by leave of the Senate,
949 or if upon reconsideration
950 the Senate shall affirm
951 its first decision,
952 no further motion to reconsider
953 shall be in order
954 unless by unanimous consent.
955 Every motion to reconsider
956 shall be decided by a majority vote,
957 and may be laid on the table
958 without affecting the question
959 in reference to which
960 the same is made,
961 which shall be a final disposition
962 of the motion.
9642.
965 When a bill, resolution, report, amendment,
966 order, or message,
967 upon which a vote has been taken,
968 shall have gone out of the possession
969 of the Senate
970 and been communicated
971 to the House of Representatives,
972 the motion to reconsider
973 shall be accompanied
974 by a motion to request the House
975 to return the same;
976 which last motion
977 shall be acted upon immediately,
978 and without debate,
979 and if determined in the negative
980 shall be a final disposition
981 of the motion to reconsider.
983Rule.. XIV
984BILLS, JOINT RESOLUTIONS, RESOLUTIONS,
985AND PREAMBLES THERETO
9871.
988 Whenever a bill or joint resolution
989 shall be offered,
990 its introduction shall, if objected to,
991 be postponed for one day.
9932.
994 Every bill and joint resolution
995 shall receive three readings
996 previous to its passage
997 which readings
998 on demand of any Senator
999 shall be on three different
1000 legislative days,
1001 and the Presiding Officer
1002 shall give notice at each reading
1003 whether it be the first, second, or third:
1004 Provided,
1005 That each reading may be by title only,
1006 unless the Senate in any case
1007 shall otherwise order.
10093.
1010 No bill or joint resolution
1011 shall be committed or amended
1012 until it shall have been twice read,
1013 after which it may be referred
1014 to a committee;
1015 bills and joint resolutions
1016 introduced on leave,
1017 and bills and joint resolutions
1018 from the House of Representatives,
1019 shall be read once,
1020 and may be read twice, if not objected to,
1021 on the same day for reference,
1022 but shall not be considered on that day
1023 nor debated, except for reference,
1024 unless by unanimous consent.
10264.
1027 Every bill and joint resolution
1028 reported from a committee,
1029 not having previously been read,
1030 shall be read once, and twice,
1031 if not objected to, on the same day,
1032 and placed on the Calendar
1033 in the order
1034 in which the same may be reported;
1035 and every bill and joint resolution
1036 introduced on leave,
1037 and every bill and joint resolution
1038 of the House of Representatives
1039 which shall have received
1040 a first and second reading
1041 without being referred
1042 to a committee,
1043 shall, if objection be made
1044 to further proceeding thereon,
1045 be placed on the Calendar.
10475.
1048 All bills, amendments,
1049 and joint resolutions
1050 shall be examined
1051 under the supervision
1052 of the Secretary of the Senate
1053 before they go out of the possession
1054 of the Senate,
1055 and all bills and joint resolutions
1056 which shall have passed both Houses
1057 shall be examined
1058 under the supervision
1059 of the Secretary of the Senate,
1060 to see that the same
1061 are correctly enrolled,
1062 and, when signed
1063 by the Speaker of the House
1064 and the President of the Senate,
1065 the Secretary of the Senate
1066 shall forthwith present the same,
1067 when they shall have originated
1068 in the Senate,
1069 to the President
1070 of the United States
1071 and report the fact and date
1072 of such presentation
1073 to the Senate.
10756.
1076 All other resolutions
1077 shall lie over one day for consideration,
1078 if not referred,
1079 unless by unanimous consent
1080 the Senate shall otherwise direct.
1081 When objection is heard
1082 to the immediate consideration
1083 of a resolution or motion
1084 when it is submitted,
1085 it shall be placed on the Calendar
1086 under the heading of
1087 "Resolutions and Motions over,
1088 under the Rule,"
1089 to be laid before the Senate
1090 on the next legislative day
1091 when there is no further
1092 morning business
1093 but before the close
1094 of morning business
1095 and before the termination
1096 of the morning hour.
10987.
1099 When a bill or joint resolution
1100 shall have been ordered
1101 to be read a third time,
1102 it shall not be in order
1103 to propose amendments,
1104 unless by unanimous consent,
1105 but it shall be in order at any time
1106 before the passage
1107 of any bill or resolution
1108 to move its commitment;
1109 and when the bill or resolution
1110 shall again be reported
1111 from the committee
1112 it shall be placed on the Calendar.
11148.
1115 When a bill or resolution
1116 is accompanied by a preamble,
1117 the question shall first be put
1118 on the bill or resolution
1119 and then on the preamble,
1120 which may be withdrawn by a mover
1121 before an amendment of the same,
1122 or ordering of the yeas and nays;
1123 or it may be laid on the table
1124 without prejudice
1125 to the bill or resolution,
1126 and shall be a final disposition
1127 of such preamble.
11299.
1130 Whenever a private bill,
1131 except a bill for a pension,
1132 is under consideration,
1133 it shall be in order
1134 to move the adoption of a resolution
1135 to refer the bill
1136 to the Chief Commissioner
1137 of the Court of Claims
1138 for a report in conformity
1139 with section 2509 of title 28,
1140 United States Code.
114210.
1143 No private bill or resolution
1144 (including so-called omnibus claims
1145 or pension bills),
1146 and no amendment
1147 to any bill or resolution,
1148 authorizing or directing
1149 (1) the payment of money
1150 for property damages,
1151 personal injuries, or death,
1152 for which a claim may be filed
1153 under chapter 171 of title 28,
1154 United States Code,
1155 or for a pension
1156 (other than to carry out
1157 a provision of law
1158 or treaty stipulation);
1159 (2) the construction of a bridge
1160 across a navigable stream;
1161 or (3) the correction
1162 of a military or naval record,
1163 shall be received or considered.
1165Rule.. XV
1166AMENDMENTS AND MOTIONS
11681.
1169 (a)
1170 An amendment
1171 and any instruction accompanying
1172 a motion to recommit
1173 shall be reduced to writing and read
1174 and identical copies shall be provided
1175 by the Senator offering
1176 the amendment or instruction
1177 to the desks
1178 of the Majority Leader
1179 and the Minority Leader
1180 before being debated.
1181 (b)
1182 A motion shall be reduced to writing,
1183 if desired by the Presiding Officer
1184 or by any Senator,
1185 and shall be read
1186 before being debated.
11882.
1189 Any motion, amendment, or resolution
1190 may be withdrawn or modified
1191 by the mover
1192 at any time
1193 before a decision, amendment,
1194 or ordering of the yeas and nays,
1195 except a motion to reconsider,
1196 which shall not be withdrawn
1197 without leave.
11993.
1200 If the question in debate
1201 contains several propositions,
1202 any Senator may have the same divided,
1203 except a motion to strike out and insert,
1204 which shall not be divided;
1205 but the rejection of a motion
1206 to strike out and insert
1207 one proposition
1208 shall not prevent a motion
1209 to strike out and insert
1210 a different proposition;
1211 nor shall it prevent a motion
1212 simply to strike out;
1213 nor shall the rejection of a motion
1214 to strike out
1215 prevent a motion
1216 to strike out and insert.
1217 But pending a motion
1218 to strike out and insert,
1219 the part to be stricken out
1220 and the part to be inserted
1221 shall each be regarded
1222 for the purpose of amendment
1223 as a question,
1224 and motions to amend
1225 the part to be stricken out
1226 shall have precedence.
12284.
1229 When an amendment proposed
1230 to any pending measure
1231 is laid on the table,
1232 it shall not carry with it,
1233 or prejudice, such measure.
12355.
1236 It shall not be in order to consider
1237 any proposed committee amendment
1238 (other than a technical, clerical,
1239 or conforming amendment)
1240 which contains any significant matter
1241 not within the jurisdiction
1242 of the committee
1243 proposing such amendment.
1245Rule.. XVI
1246APPROPRIATIONS
1247AND AMENDMENTS
1248TO GENERAL APPROPRIATIONS BILLS
12501.
1251 On a point of order made by any Senator,
1252 no amendments shall be received
1253 to any general appropriation bill
1254 the effect of which will be
1255 to increase an appropriation
1256 already contained in the bill,
1257 or to add a new item of appropriation,
1258 unless it be made
1259 to carry out the provisions
1260 of some existing law,
1261 or treaty stipulation,
1262 or act or resolution
1263 previously passed by the Senate
1264 during that session;
1265 or unless the same be moved
1266 by direction
1267 of the Committee on Appropriations
1268 or of a committee of the Senate
1269 having legislative jurisdiction
1270 of the subject matter,
1271 or proposed in pursuance
1272 of an estimate submitted
1273 in accordance with law.
12752.
1276 The Committee on Appropriations
1277 shall not report an appropriation bill
1278 containing amendments to such bill
1279 proposing new or general legislation
1280 or any restriction
1281 on the expenditure
1282 of the funds appropriated
1283 which proposes a limitation
1284 not authorized by law
1285 if such restriction
1286 is to take effect
1287 or cease to be effective
1288 upon the happening
1289 of a contingency,
1290 and if an appropriation bill
1291 is reported to the Senate
1292 containing amendments to such bill
1293 proposing new or general legislation
1294 or any such restriction,
1295 a point of order may be made
1296 against the bill,
1297 and if the point is sustained,
1298 the bill shall be recommitted
1299 to the Committee on Appropriations.
13013.
1302 All amendments
1303 to general appropriation bills
1304 moved by direction of a committee
1305 having legislative jurisdiction
1306 of the subject matter
1307 proposing to increase an appropriation
1308 already contained in the bill,
1309 or to add new items of appropriation,
1310 shall, at least one day
1311 before they are considered,
1312 be referred
1313 to the Committee on Appropriations,
1314 and when actually proposed to the bill
1315 no amendment proposing to increase
1316 the amount stated in such amendment
1317 shall be received
1318 on a point of order
1319 made by any Senator.
13214.
1322 On a point of order made by any Senator,
1323 no amendment offered by any other Senator
1324 which proposes general legislation
1325 shall be received
1326 to any general appropriation bill,
1327 nor shall any amendment
1328 not germane or relevant
1329 to the subject matter
1330 contained in the bill
1331 be received;
1332 nor shall any amendment
1333 to any item or clause of such bill
1334 be received
1335 which does not directly relate thereto;
1336 nor shall any restriction
1337 on the expenditure
1338 of the funds appropriated
1339 which proposes a limitation
1340 not authorized by law
1341 be received
1342 if such restriction
1343 is to take effect
1344 or cease to be effective
1345 upon the happening of a contingency;
1346 and all questions of relevancy of amendments
1347 under this rule, when raised,
1348 shall be submitted to the Senate
1349 and be decided without debate;
1350 and any such amendment or restriction
1351 to a general appropriation bill
1352 may be laid on the table
1353 without prejudice to the bill.
13555.
1356 On a point of order made by any Senator,
1357 no amendment,
1358 the object of which
1359 is to provide for a private claim,
1360 shall be received
1361 to any general appropriation bill,
1362 unless it be to carry out
1363 the provisions of an existing law
1364 or a treaty stipulation,
1365 which shall be cited
1366 on the face of the amendment.
13686.
1369 When a point of order is made
1370 against any restriction
1371 on the expenditure of funds appropriated
1372 in a general appropriation bill
1373 on the ground
1374 that the restriction
1375 violates this rule,
1376 the rule shall be construed strictly
1377 and, in case of doubt,
1378 in favor of the point of order.
13807.
1381 Every report on general appropriation bills
1382 filed by the Committee on Appropriations
1383 shall identify with particularity
1384 each recommended amendment
1385 which proposes an item of appropriation
1386 which is not made
1387 to carry out the provisions
1388 of an existing law,
1389 a treaty stipulation,
1390 or an act or resolution
1391 previously passed
1392 by the Senate
1393 during that session.
13958.
1396 On a point of order made by any Senator,
1397 no general appropriation bill
1398 or amendment thereto
1399 shall be received or considered
1400 if it contains a provision
1401 reappropriating unexpended balances
1402 of appropriations;
1403 except that this provision
1404 shall not apply to appropriations
1405 in continuation of appropriations
1406 for public works
1407 on which work has commenced.
1409Rule.. XVII
1410REFERENCE TO COMMITTEES;
1411MOTIONS TO DISCHARGE;
1412REPORTS OF COMMITTEES;
1413AND HEARINGS AVAILABLE
14151.
1416 Except as provided in paragraph 3,
1417 in any case
1418 in which a controversy arises
1419 as to the jurisdiction
1420 of any committee
1421 with respect
1422 to any proposed legislation,
1423 the question of jurisdiction
1424 shall be decided
1425 by the presiding officer,
1426 without debate,
1427 in favor of the committee
1428 which has jurisdiction
1429 over the subject matter
1430 which predominates
1431 in such proposed legislation;
1432 but such decision
1433 shall be subject to an appeal.
14352.
1436 A motion simply to refer
1437 shall not be open to amendment,
1438 except to add instructions.
14403.
1441 (a)
1442 Upon motion
1443 by both the majority leader or his designee
1444 and the minority leader or his designee,
1445 proposed legislation
1446 may be referred
1447 to two or more committees
1448 jointly or sequentially.
1449 Notice of such motion
1450 and the proposed legislation
1451 to which it relates
1452 shall be printed
1453 in the Congressional Record.
1454 The motion shall be privileged,
1455 but it shall not be in order
1456 until the Congressional Record
1457 in which the notice is printed
1458 has been available to Senators
1459 for at least twenty-four hours.
1460 No amendment to any such motion
1461 shall be in order
1462 except amendments
1463 to any instructions contained therein.
1464 Debate on any such motion,
1465 and all amendments thereto
1466 and debatable motions and appeals
1467 in connection therewith,
1468 shall be limited
1469 to not more than two hours,
1470 the time to be equally divided between,
1471 and controlled by,
1472 the majority leader
1473 and the minority leader
1474 or their designees.
1475 (b)
1476 Proposed legislation
1477 which is referred
1478 to two or more committees jointly
1479 may be reported only
1480 by such committees jointly
1481 and only one report may accompany
1482 any proposed legislation
1483 so jointly reported.
1484 (c)
1485 A motion to refer any proposed legislation
1486 to two or more committees sequentially
1487 shall specify the order of referral.
1488 (d)
1489 Any motion under this paragraph
1490 may specify the portion or portions
1491 of proposed legislation
1492 to be considered by the committees,
1493 or any of them,
1494 to which such proposed legislation
1495 is referred,
1496 and such committees or committee
1497 shall be limited,
1498 in the consideration
1499 of such proposed legislation,
1500 to the portion or portions so specified.
1501 (e)
1502 Any motion under this subparagraph
1503 may contain instructions
1504 with respect to the time allowed
1505 for consideration by the committees,
1506 or any of them,
1507 to which proposed legislation
1508 is referred
1509 and the discharge of such committees,
1510 or any of them,
1511 from further consideration
1512 of such proposed legislation.
15144.
1515 (a)
1516 All reports of committees
1517 and motions to discharge a committee
1518 from the consideration of a subject,
1519 and all subjects
1520 from which a committee
1521 shall be discharged,
1522 shall lie over one day for consideration,
1523 unless by unanimous consent
1524 the Senate shall otherwise direct.
1525 (b)
1526 Whenever any committee
1527 (except the Committee on Appropriations)
1528 has reported any measure,
1529 by action taken in conformity
1530 with the requirements
1531 of paragraph 7 of rule XXVI,
1532 no point of order shall lie
1533 with respect to that measure
1534 on the ground
1535 that hearings upon that measure
1536 by the committee
1537 were not conducted
1538 in accordance
1539 with the provisions
1540 of paragraph 4
1541 of rule XXVI.
15435.
1544 Any measure or matter
1545 reported by any standing committee
1546 shall not be considered in the Senate
1547 unless the report of that committee
1548 upon that measure or matter
1549 has been available to Members
1550 for at least two calendar days
1551 (excluding Sundays and legal holidays)
1552 prior to the consideration
1553 of that measure or matter.
1554 If hearings have been held
1555 on any such measure or matter so reported,
1556 the committee reporting the measure or matter
1557 shall make every reasonable effort
1558 to have such hearings printed
1559 and available for distribution
1560 to the Members of the Senate
1561 prior to the consideration
1562 of such measure or matter
1563 in the Senate.
1564 This paragraph:
1565 May be waived
1566 by joint agreement
1567 of the Majority Leader
1568 and the Minority Leader
1569 of the Senate;
1570 and
1571 Shall not apply to:
1572 Any measure
1573 for the declaration of war,
1574 or the declaration
1575 of a national emergency,
1576 by the Congress,
1577 and
1578 Any executive decision, determination,
1579 or action
1580 which would become,
1581 or continue to be, effective
1582 unless disapproved
1583 or otherwise invalidated
1584 by one or both Houses of Congress.
1586Rule.. XVIII
1587BUSINESS CONTINUED FROM SESSION TO SESSION
1589At the second or any subsequent session
1590 of a Congress
1591 the legislative business of the Senate
1592 which remained undetermined
1593 at the close
1594 of the next preceding session
1595 of that Congress
1596 shall be resumed and proceeded with
1597 in the same manner
1598 as if no adjournment of the Senate
1599 had taken place.
1601Rule.. XIX
1602DEBATE
16041.
1605 (a)
1606 When a Senator desires to speak,
1607 he shall rise
1608 and address the Presiding Officer,
1609 and shall not proceed
1610 until he is recognized,
1611 and the Presiding Officer shall recognize
1612 the Senator
1613 who shall first address him.
1614 No Senator shall interrupt another Senator
1615 in debate without his consent,
1616 and to obtain such consent
1617 he shall first address
1618 the Presiding Officer,
1619 and no Senator shall speak more than twice
1620 upon any one question in debate
1621 on the same legislative day
1622 without leave of the Senate,
1623 which shall be determined without debate.
1624 (b)
1625 At the conclusion of the morning hour
1626 at the beginning of a new legislative day
1627 or after the unfinished business
1628 or any pending business
1629 has first been laid before the Senate
1630 on any calendar day,
1631 and until after the duration
1632 of three hours of actual session
1633 after such business is laid down
1634 except as determined to the contrary
1635 by unanimous consent
1636 or on motion without debate,
1637 all debate shall be germane
1638 and confined to the specific question
1639 then pending before the Senate.
16412.
1642 No Senator in debate shall,
1643 directly or indirectly,
1644 by any form of words
1645 impute to another Senator
1646 or to other Senators
1647 any conduct or motive
1648 unworthy or unbecoming a Senator.
16503.
1651 No Senator in debate
1652 shall refer offensively
1653 to any State of the Union.
16554.
1656 If any Senator,
1657 in speaking or otherwise,
1658 in the opinion of the Presiding Officer
1659 transgress the rules of the Senate
1660 the Presiding Officer shall,
1661 either on his own motion
1662 or at the request of any other Senator,
1663 call him to order;
1664 and when a Senator shall be called to order
1665 he shall take his seat,
1666 and may not proceed
1667 without leave of the Senate,
1668 which, if granted,
1669 shall be upon motion
1670 that he be allowed
1671 to proceed in order,
1672 which motion
1673 shall be determined without debate.
1674 Any Senator directed
1675 by the Presiding Officer
1676 to take his seat,
1677 and any Senator requesting
1678 the Presiding Officer
1679 to require a Senator to take his seat,
1680 may appeal from the ruling of the Chair,
1681 which appeal shall be open to debate.
16835.
1684 If a Senator be called to order
1685 for words spoken in debate,
1686 upon the demand of the Senator
1687 or of any other Senator,
1688 the exceptionable words
1689 shall be taken down in writing,
1690 and read at the table
1691 for the information of the Senate.
16936.
1694 Whenever confusion arises
1695 in the Chamber or the galleries,
1696 or demonstrations of approval or disapproval
1697 are indulged in
1698 by the occupants of the galleries,
1699 it shall be the duty of the Chair
1700 to enforce order
1701 on his own initiative
1702 and without any point of order
1703 being made by a Senator.
17057.
1706 No Senator shall introduce to
1707 or bring to the attention of the Senate
1708 during its sessions
1709 any occupant in the galleries
1710 of the Senate.
1711 No motion to suspend this rule
1712 shall be in order,
1713 nor may the Presiding Officer
1714 entertain any request
1715 to suspend it
1716 by unanimous consent.
17188.
1719 Former Presidents of the United States
1720 shall be entitled to address the Senate
1721 upon appropriate notice
1722 to the Presiding Officer
1723 who shall thereupon
1724 make the necessary arrangements.
1726Rule.. XX
1727QUESTIONS OF ORDER
17291.
1730 A question of order
1731 may be raised
1732 at any stage of the proceedings,
1733 except when the Senate is voting
1734 or ascertaining the presence of a quorum,
1735 and, unless submitted to the Senate,
1736 shall be decided
1737 by the Presiding Officer
1738 without debate,
1739 subject to an appeal to the Senate.
1740 When an appeal is taken,
1741 any subsequent question of order
1742 which may arise
1743 before the decision of such appeal
1744 shall be decided
1745 by the Presiding Officer
1746 without debate;
1747 and every appeal therefrom
1748 shall be decided at once,
1749 and without debate;
1750 and any appeal may be laid on the table
1751 without prejudice
1752 to the pending proposition,
1753 and thereupon shall be held
1754 as affirming the decision
1755 of the Presiding Officer.
17572.
1758 The Presiding Officer
1759 may submit any question of order
1760 for the decision of the Senate.
1762Rule.. XXI
1763SESSION WITH CLOSED DOORS
17651.
1766 On a motion made and seconded
1767 to close the doors
1768 of the Senate,
1769 on the discussion
1770 of any business
1771 which may,
1772 in the opinion
1773 of a Senator,
1774 require secrecy,
1775 the Presiding Officer
1776 shall direct the galleries
1777 to be cleared;
1778 and during the discussion
1779 of such motion
1780 the doors shall remain closed.
17822.
1783 When the Senate meets
1784 in closed session,
1785 any applicable provisions
1786 of rules XXIX and XXXI,
1787 including the confidentiality
1788 of information
1789 shall apply
1790 to any information
1791 and to the conduct
1792 of any debate transacted.
1794Rule.. XXII
1795PRECEDENCE OF MOTIONS
17971.
1798 When a question is pending,
1799 no motion shall be received but
1801 To adjourn.
1803 To adjourn to a day certain,
1804 or that when the Senate
1805 adjourn
1806 it shall be
1807 to a day certain.
1809 To take a recess.
1811 To proceed
1812 to the consideration
1813 of executive business.
1815 To lay on the table.
1817 To postpone indefinitely.
1819 To postpone to a day certain.
1821 To commit.
1823 To amend.
1825 Which several motions
1826 shall have precedence
1827 as they stand arranged;
1828 and the motions
1829 relating to adjournment,
1830 to take a recess,
1831 to proceed
1832 to the consideration
1833 of executive business,
1834 to lay on the table,
1835 shall be decided
1836 without debate.
18382.
1839 Notwithstanding the provisions
1840 of rule II or rule IV
1841 or any other rule
1842 of the Senate,
1843 at any time a motion
1844 signed by sixteen Senators,
1845 to bring to a close
1846 the debate
1847 upon any measure, motion,
1848 other matter
1849 pending before the Senate,
1850 or the unfinished business,
1851 is presented to the Senate,
1852 the Presiding Officer,
1853 or clerk
1854 at the direction
1855 of the Presiding Officer,
1856 shall at once state the motion
1857 to the Senate,
1858 and one hour
1859 after the Senate meets
1860 on the following calendar day
1861 but one,
1862 he shall lay the motion
1863 before the Senate
1864 and direct
1865 that the clerk call the roll,
1866 and upon the ascertainment
1867 that a quorum is present,
1868 the Presiding Officer shall,
1869 without debate,
1870 submit to the Senate
1871 by a yea-and-nay vote
1872 the question:
1874 "Is it the sense of the Senate
1875 that the debate
1876 shall be brought to a close?"
1878 And if that question
1879 shall be decided
1880 in the affirmative
1881 by three-fifths
1882 of the Senators
1883 duly chosen and sworn --
1884 except on a measure or motion
1885 to amend the Senate rules,
1886 in which case
1887 the necessary
1888 affirmative vote
1889 shall be two-thirds
1890 of the Senators
1891 present and voting --
1892 then said measure, motion,
1893 or other matter
1894 pending before the Senate,
1895 or the unfinished business,
1896 shall be the unfinished business
1897 to the exclusion
1898 of all other business
1899 until disposed of.
1901 Thereafter no Senator
1902 shall be entitled to speak
1903 in all more than one hour
1904 on the measure, motion,
1905 or other matter
1906 pending before the Senate,
1907 or the unfinished business,
1908 the amendments thereto,
1909 and motions affecting the same,
1910 and it shall be the duty
1911 of the Presiding Officer
1912 to keep the time
1913 of each Senator
1914 who speaks.
1915 Except by unanimous consent,
1916 no amendment shall be proposed
1917 after the vote
1918 to bring the debate
1919 to a close,
1920 unless it had been submitted
1921 in writing
1922 to the Journal Clerk
1923 by 1 o'clock p.m.
1924 on the day following
1925 the filing
1926 of the cloture motion
1927 if an amendment
1928 in the first degree,
1929 and unless it had been
1930 so submitted
1931 at least one hour
1932 prior to the beginning
1933 of the cloture vote
1934 if an amendment
1935 in the second degree.
1936 No dilatory motion,
1937 or dilatory amendment,
1938 or amendment not germane
1939 shall be in order.
1940 Points of order,
1941 including questions
1942 of relevancy,
1943 and appeals
1944 from the decision
1945 of the Presiding Officer,
1946 shall be decided
1947 without debate.
1949 After no more than thirty hours
1950 of consideration
1951 of the measure, motion,
1952 or other matter
1953 on which cloture
1954 has been invoked,
1955 the Senate shall proceed,
1956 without any further debate
1957 on any question,
1958 to vote
1959 on the final disposition
1960 thereof
1961 to the exclusion
1962 of all amendments
1963 not then actually pending
1964 before the Senate
1965 at that time
1966 and to the exclusion
1967 of all motions,
1968 except a motion to table,
1969 or to reconsider
1970 and one quorum call
1971 on demand
1972 to establish the presence
1973 of a quorum
1974 (and motions required
1975 to establish a quorum)
1976 immediately before
1977 the final vote begins.
1978 The thirty hours
1979 may be increased
1980 by the adoption of a motion,
1981 decided without debate,
1982 by a three-fifths
1983 affirmative vote
1984 of the Senators
1985 duly chosen and sworn,
1986 and any such time
1987 thus agreed upon
1988 shall be equally divided
1989 between and controlled by
1990 the Majority
1991 and Minority Leaders
1992 or their designees.
1993 However, only one motion
1994 to extend time,
1995 specified above,
1996 may be made
1997 in any one calendar day.
1999 If, for any reason,
2000 a measure or matter
2001 is reprinted
2002 after cloture
2003 has been invoked,
2004 amendments
2005 which were in order
2006 prior to the reprinting
2007 of the measure or matter
2008 will continue to be in order
2009 and may be conformed
2010 and reprinted
2011 at the request
2012 of the amendment's sponsor.
2013 The conforming changes
2014 must be limited
2015 to lineation and pagination.
2017 No Senator shall call up
2018 more than two amendments
2019 until every other Senator
2020 shall have had the opportunity
2021 to do likewise.
2023 Notwithstanding other provisions
2024 of this rule,
2025 a Senator may yield
2026 all or part of his one hour
2027 to the majority or minority
2028 floor managers
2029 of the measure, motion,
2030 or matter
2031 or to the Majority
2032 or Minority Leader,
2033 but each Senator specified
2034 shall not have more than
2035 two hours so yielded
2036 to him
2037 and may in turn yield
2038 such time
2039 to other Senators.
2041 Notwithstanding any other provision
2042 of this rule,
2043 any Senator
2044 who has not used or yielded
2045 at least ten minutes,
2046 is, if he seeks recognition,
2047 guaranteed up to ten minutes,
2048 inclusive,
2049 to speak only.
2051 After cloture is invoked,
2052 the reading of any amendment,
2053 including House amendments,
2054 shall be dispensed with
2055 when the proposed amendment
2056 has been identified
2057 and has been available
2058 in printed form
2059 at the desk
2060 of the Members
2061 for not less than
2062 twenty-four hours.
20643.
2065 If a cloture motion
2066 on a motion to proceed
2067 to a measure or matter
2068 is presented
2069 in accordance with this rule
2070 and is signed by 16 Senators,
2071 including the Majority Leader,
2072 the Minority Leader,
2073 7 additional Senators
2074 not affiliated
2075 with the majority,
2076 and 7 additional Senators
2077 not affiliated
2078 with the minority,
2079 one hour
2080 after the Senate meets
2081 on the following calendar day,
2082 the Presiding Officer,
2083 or the clerk
2084 at the direction
2085 of the Presiding Officer,
2086 shall lay the motion
2087 before the Senate.
2088 If cloture is then invoked
2089 on the motion to proceed,
2090 the question shall be
2091 on the motion to proceed,
2092 without further debate.
2094Rule.. XXIII
2095PRIVILEGE OF THE FLOOR
20971.
2098 Other than the Vice President
2099 and Senators,
2100 no person shall be admitted
2101 to the floor
2102 of the Senate
2103 while in session,
2104 except as follows:
2106 The President
2107 of the United States
2108 and his private secretary.
2110 The President elect
2111 and Vice President elect
2112 of the United States.
2114 Ex-Presidents
2115 and ex-Vice Presidents
2116 of the United States.
2118 Judges of the Supreme Court.
2120 Ex-Senators and Senators elect,
2121 except as provided
2122 in paragraph 2.
2124 The officers and employees
2125 of the Senate
2126 in the discharge
2127 of their official duties.
2129 Ex-Secretaries
2130 and ex-Sergeants at Arms
2131 of the Senate,
2132 except as provided
2133 in paragraph 2.
2135 Members
2136 of the House of Representatives
2137 and Members elect.
2139 Ex-Speakers
2140 of the House of Representatives,
2141 except as provided
2142 in paragraph 2.
2144 The Sergeant at Arms
2145 of the House
2146 and his chief deputy
2147 and the Clerk of the House
2148 and his deputy.
2150 Heads of the Executive Departments.
2152 Ambassadors and Ministers
2153 of the United States.
2155 Governors of States and Territories.
2157 Members of the Joint Chiefs of Staff.
2159 The General Commanding the Army.
2161 The Senior Admiral
2162 of the Navy
2163 on the active list.
2165 Members of National Legislatures
2166 of foreign countries
2167 and Members
2168 of the European Parliament.
2170 Judges of the Court of Claims.
2172 The Mayor
2173 of the District of Columbia.
2175 The Librarian of Congress
2176 and the Assistant Librarian
2177 in charge of the Law Library.
2179 The Architect of the Capitol.
2181 The Chaplain
2182 of the House of Representatives.
2184 The Secretary
2185 of the Smithsonian Institution.
2187 The Parliamentarian Emeritus
2188 of the Senate.
2190 Members of the staffs
2191 of committees of the Senate
2192 and joint committees
2193 of the Congress
2194 when in the discharge
2195 of their official duties
2196 and employees
2197 in the office of a Senator
2198 when in the discharge
2199 of their official duties
2200 (but in each case
2201 subject to such rules
2202 or regulations
2203 as may be prescribed
2204 by the Committee
2205 on Rules
2206 and Administration).
2207 Senate committee staff members
2208 and employees
2209 in the office of a Senator
2210 must be on the payroll
2211 of the Senate
2212 and members
2213 of joint committee staffs
2214 must be on the payroll
2215 of the Senate
2216 or the House
2217 of Representatives.
22192.
2220(a)
2221 The floor privilege
2222 provided in paragraph 1
2223 shall not apply,
2224 when the Senate is in session,
2225 to an individual
2226 covered by this paragraph
2227 who is-
2229 a registered lobbyist
2230 or agent
2231 of a foreign principal;
2232 or
2234 in the employ of
2235 or represents
2236 any party or organization
2237 for the purpose
2238 of influencing,
2239 directly or indirectly,
2240 the passage, defeat,
2241 or amendment
2242 of any Federal
2243 legislative
2244 proposal.
2246(b)
2247 The Committee
2248 on Rules and Administration
2249 may promulgate regulations
2250 to allow individuals
2251 covered by this paragraph
2252 floor privileges
2253 for ceremonial functions
2254 and events
2255 designated
2256 by the Majority Leader
2257 and the Minority Leader.
22593.
2260 A former Member of the Senate
2261 may not exercise privileges
2262 to use Senate athletic facilities
2263 or Member-only parking spaces
2264 if such Member is-
2266 a registered lobbyist
2267 or agent
2268 of a foreign principal;
2269 or
2271 in the employ of
2272 or represents
2273 any party or organization
2274 for the purpose
2275 of influencing,
2276 directly or indirectly,
2277 the passage, defeat,
2278 or amendment
2279 of any Federal
2280 legislative
2281 proposal.
2283Rule.. XXIV
2284APPOINTMENT OF COMMITTEES
22861.
2287 In the appointment
2288 of the standing committees,
2289 or to fill vacancies thereon,
2290 the Senate,
2291 unless otherwise ordered,
2292 shall by resolution appoint
2293 the chairman
2294 of each such committee
2295 and the other members thereof.
2296 On demand of any Senator,
2297 a separate vote shall be had
2298 on the appointment
2299 of the chairman
2300 of any such committee
2301 and on the appointment
2302 of the other members thereof.
2303 Each such resolution
2304 shall be subject to amendment
2305 and to division
2306 of the question.
23082.
2309 On demand of one-fifth
2310 of the Senators present,
2311 a quorum being present,
2312 any vote taken
2313 pursuant to paragraph 1
2314 shall be by ballot.
23163.
2317 Except as otherwise provided
2318 or unless otherwise ordered,
2319 all other committees,
2320 and the chairmen thereof,
2321 shall be appointed
2322 in the same manner
2323 as standing committees.
23254.
2326 When a chairman of a committee
2327 shall resign
2328 or cease to serve
2329 on a committee,
2330 action by the Senate
2331 to fill the vacancy
2332 in such committee,
2333 unless specially
2334 otherwise ordered,
2335 shall be only
2336 to fill up the number
2337 of members
2338 of the committee,
2339 and the election
2340 of a new chairman.
2342Rule.. XXV
2343STANDING COMMITTEES
23451.
2346 The following standing committees
2347 shall be appointed
2348 at the commencement
2349 of each Congress,
2350 and shall continue
2351 and have the power to act
2352 until their successors
2353 are appointed,
2354 with leave to report
2355 by bill or otherwise
2356 on matters
2357 within their respective
2358 jurisdictions:
2360(1)
2361 Committee on Agriculture, Nutrition,
2362 and Forestry,
2363 to which committee
2364 shall be referred
2365 all proposed legislation,
2366 messages, petitions, memorials,
2367 and other matters
2368 relating primarily
2369 to the following subjects:
2371 Agricultural economics and research.
2373 Agricultural extension services
2374 and experiment stations.
2376 Agricultural production, marketing,
2377 and stabilization of prices.
2379 Agriculture
2380 and agricultural commodities.
2382 Animal industry and diseases.
2384 Crop insurance and soil conservation.
2386 Farm credit and farm security.
2388 Food from fresh waters.
2390 Food stamp programs.
2392 Forestry,
2393 and forest reserves
2394 and wilderness areas
2395 other than those created
2396 from the public domain.
2398 Home economics.
2400 Human nutrition.
2402 Inspection of livestock, meat,
2403 and agricultural products.
2405 Pests and pesticides.
2407 Plant industry, soils,
2408 and agricultural engineering.
2410 Rural development,
2411 rural electrification,
2412 and watersheds.
2414 School nutrition programs.
2416(2)
2417 Such committee shall also
2418 study and review,
2419 on a comprehensive basis,
2420 matters relating
2421 to food, nutrition, and hunger,
2422 both in the United States
2423 and in foreign countries,
2424 and rural affairs,
2425 and report thereon
2426 from time to time.
2428(1)
2429 Committee on Appropriations,
2430 to which committee
2431 shall be referred
2432 all proposed legislation,
2433 messages, petitions, memorials,
2434 and other matters
2435 relating
2436 to the following subjects:
2438 Appropriation of the revenue
2439 for the support
2440 of the Government,
2441 except as provided
2442 in subparagraph (e).
2444 Rescission of appropriations
2445 contained
2446 in appropriation Acts
2447 (referred to
2448 in section 105
2449 of title 1,
2450 United States Code).
2452 The amount
2453 of new spending authority
2454 described
2455 in section 401(c)(2) (A) and (B)
2456 of the Congressional Budget Act
2457 of 1974
2458 which is to be effective
2459 for a fiscal year.
2461 New spending authority
2462 described
2463 in section 401(c)(2)(C)
2464 of the Congressional Budget Act
2465 of 1974
2466 provided in bills and resolutions
2467 referred to the committee
2468 under section 401(b)(2)
2469 of that Act
2470 (but subject to the provisions
2471 of section 401(b)(3)
2472 of that Act).
2474(1)
2475 Committee on Armed Services,
2476 to which committee
2477 shall be referred
2478 all proposed legislation,
2479 messages, petitions, memorials,
2480 and other matters
2481 relating
2482 to the following subjects:
2484 Aeronautical and space activities
2485 peculiar to
2486 or primarily associated with
2487 the development
2488 of weapons systems
2489 or military operations.
2491 Common defense.
2493 Department of Defense,
2494 the Department of the Army,
2495 the Department of the Navy,
2496 and the Department of the Air Force,
2497 generally.
2499 Maintenance and operation
2500 of the Panama Canal,
2501 including administration, sanitation,
2502 and government
2503 of the Canal Zone.
2505 Military research and development.
2507 National security aspects
2508 of nuclear energy.
2510 Naval petroleum reserves,
2511 except those in Alaska.
2513 Pay, promotion, retirement,
2514 and other benefits and privileges
2515 of members
2516 of the Armed Forces,
2517 including overseas education
2518 of civilian
2519 and military dependents.
2521 Selective service system.
2523 Strategic and critical materials
2524 necessary
2525 for the common defense.
2527(2)
2528 Such committee shall also
2529 study and review,
2530 on a comprehensive basis,
2531 matters relating
2532 to the common defense policy
2533 of the United States,
2534 and report thereon
2535 from time to time.
2537(1)
2538 Committee on Banking, Housing,
2539 and Urban Affairs,
2540 to which committee
2541 shall be referred
2542 all proposed legislation,
2543 messages, petitions, memorials,
2544 and other matters
2545 relating
2546 to the following subjects:
2548 Banks, banking,
2549 and financial institutions.
2551 Control of prices
2552 of commodities, rents, and services.
2554 Deposit insurance.
2556 Economic stabilization
2557 and defense production.
2559 Export and foreign trade promotion.
2561 Export controls
2563 Federal monetary policy,
2564 including Federal Reserve System.
2566 Financial aid
2567 to commerce and industry.
2569 Issuance and redemption of notes.
2571 Money and credit,
2572 including currency and coinage.
2574 Nursing home construction.
2576 Public and private housing
2577 (including veterans' housing).
2579 Renegotiation
2580 of Government contracts.
2582 Urban development
2583 and urban mass transit.
2585(2)
2586 Such committee shall also
2587 study and review,
2588 on a comprehensive basis,
2589 matters relating
2590 to international economic policy
2591 as it affects
2592 United States monetary affairs,
2593 credit,
2594 and financial institutions;
2595 economic growth,
2596 urban affairs,
2597 and credit,
2598 and report thereon
2599 from time to time.
2601(1)
2602 Committee on the Budget,
2603 to which committee
2604 shall be referred
2605 all concurrent resolutions
2606 on the budget
2607 (as defined
2608 in section 3(a)(4)
2609 of the Congressional Budget Act
2610 of 1974)
2611 and all other matters
2612 required to be referred
2613 to that committee
2614 under titles III and IV
2615 of that Act,
2616 and messages, petitions, memorials,
2617 and other matters relating thereto.
2619(2)
2620 Such committee shall have the duty-
2622 to report the matters
2623 required to be reported by it
2624 under titles III and IV
2625 of the Congressional Budget Act
2626 of 1974;
2628 to make continuing studies
2629 of the effect
2630 on budget outlays
2631 of relevant existing
2632 and proposed legislation
2633 and to report the results
2634 of such studies
2635 to the Senate
2636 on a recurring basis;
2638 to request and evaluate
2639 continuing studies
2640 of tax expenditures,
2641 to devise methods
2642 of coordinating tax expenditures,
2643 policies, and programs
2644 with direct budget outlays,
2645 and to report the results
2646 of such studies
2647 to the Senate
2648 on a recurring basis;
2650 and
2652 to review,
2653 on a continuing basis,
2654 the conduct
2655 by the Congressional Budget Office
2656 of its functions and duties.
2658(1)
2659 Committee on Commerce, Science,
2660 and Transportation,
2661 to which committee
2662 shall be referred
2663 all proposed legislation,
2664 messages, petitions, memorials,
2665 and other matters
2666 relating
2667 to the following subjects:
2669 Coast Guard.
2671 Coastal zone management.
2673 Communications.
2675 Highway safety.
2677 Inland waterways,
2678 except construction.
2680 Interstate commerce.
2682 Marine and ocean navigation,
2683 safety, and transportation,
2684 including navigational aspects
2685 of deepwater ports.
2687 Marine fisheries.
2689 Merchant marine and navigation.
2691 Nonmilitary aeronautical
2692 and space sciences.
2694 Oceans, weather,
2695 and atmospheric activities.
2697 Panama Canal
2698 and interoceanic canals generally,
2699 except as provided
2700 in subparagraph (c).
2702 Regulation of consumer products
2703 and services,
2704 including testing
2705 related to toxic substances,
2706 other than pesticides,
2707 and except for credit,
2708 financial services,
2709 and housing.
2711 Regulation
2712 of interstate common carriers,
2713 including railroads, buses, trucks,
2714 vessels, pipelines,
2715 and civil aviation.
2717 Science, engineering,
2718 and technology research
2719 and development and policy.
2721 Sports.
2723 Standards and measurement.
2725 Transportation.
2727 Transportation and commerce aspects
2728 of Outer Continental Shelf lands.
2730(2)
2731 Such committee shall also
2732 study and review,
2733 on a comprehensive basis,
2734 all matters relating
2735 to science and technology,
2736 oceans policy,
2737 transportation,
2738 communications,
2739 and consumer affairs,
2740 and report thereon
2741 from time to time.
2743(1)
2744 Committee on Energy
2745 and Natural Resources,
2746 to which committee
2747 shall be referred
2748 all proposed legislation,
2749 messages, petitions, memorials,
2750 and other matters
2751 relating
2752 to the following subjects:
2754 Coal production, distribution,
2755 and utilization.
2757 Energy policy.
2759 Energy regulation and conservation.
2761 Energy related aspects
2762 of deepwater ports.
2764 Energy research and development.
2766 Extraction of minerals
2767 from oceans
2768 and Outer Continental Shelf lands.
2770 Hydroelectric power, irrigation,
2771 and reclamation.
2773 Mining education and research.
2775 Mining, mineral lands, mining claims,
2776 and mineral conservation.
2778 National parks,
2779 recreation areas,
2780 wilderness areas,
2781 wild and scenic rivers,
2782 historical sites,
2783 military parks and battlefields,
2784 and on the public domain,
2785 preservation
2786 of prehistoric ruins
2787 and objects of interest.
2789 Naval petroleum reserves in Alaska.
2791 Nonmilitary development
2792 of nuclear energy.
2794 Oil and gas production
2795 and distribution.
2797 Public lands and forests,
2798 including farming
2799 and grazing thereon,
2800 and mineral extraction therefrom.
2802 Solar energy systems.
2804 Territorial possessions
2805 of the United States,
2806 including trusteeships.
2808(2)
2809 Such committee shall also
2810 study and review,
2811 on a comprehensive basis,
2812 matters relating
2813 to energy
2814 and resources development,
2815 and report thereon
2816 from time to time.
2818(1)
2819 Committee on Environment
2820 and Public Works,
2821 to which committee
2822 shall be referred
2823 all proposed legislation,
2824 messages, petitions, memorials,
2825 and other matters
2826 relating
2827 to the following subjects:
2829 Air pollution.
2831 Construction and maintenance
2832 of highways.
2834 Environmental aspects
2835 of Outer Continental Shelf lands.
2837 Environmental effects
2838 of toxic substances,
2839 other than pesticides.
2841 Environmental policy.
2843 Environmental research
2844 and development.
2846 Fisheries and wildlife.
2848 Flood control
2849 and improvements
2850 of rivers and harbors,
2851 including environmental aspects
2852 of deepwater ports.
2854 Noise pollution.
2856 Nonmilitary environmental regulation
2857 and control
2858 of nuclear energy.
2860 Ocean dumping.
2862 Public buildings
2863 and improved grounds
2864 of the United States generally,
2865 including Federal buildings
2866 in the District of Columbia.
2868 Public works, bridges, and dams.
2870 Regional economic development.
2872 Solid waste disposal and recycling.
2874 Water pollution.
2876 Water resources.
2878(2)
2879 Such committee shall also
2880 study and review,
2881 on a comprehensive basis,
2882 matters relating
2883 to environmental protection
2884 and resource utilization
2885 and conservation,
2886 and report thereon
2887 from time to time.
2889(1)
2890 Committee on Finance,
2891 to which committee
2892 shall be referred
2893 all proposed legislation,
2894 messages, petitions, memorials,
2895 and other matters
2896 relating
2897 to the following subjects:
2899 Bonded debt
2900 of the United States,
2901 except as provided
2902 in the Congressional Budget Act
2903 of 1974.
2905 Customs, collection districts,
2906 and ports of entry and delivery.
2908 Deposit of public moneys.
2910 General revenue sharing.
2912 Health programs
2913 under the Social Security Act
2914 and health programs financed
2915 by a specific tax
2916 or trust fund.
2918 National social security.
2920 Reciprocal trade agreements.
2922 Revenue measures generally,
2923 except as provided
2924 in the Congressional Budget Act
2925 of 1974.
2927 Revenue measures relating
2928 to the insular possessions.
2930 Tariffs and import quotas,
2931 and matters related thereto.
2933 Transportation of dutiable goods.
2935(1)
2936 Committee on Foreign Relations,
2937 to which committee
2938 shall be referred
2939 all proposed legislation,
2940 messages, petitions, memorials,
2941 and other matters
2942 relating
2943 to the following subjects:
2945 Acquisition of land and buildings
2946 for embassies and legations
2947 in foreign countries.
2949 Boundaries of the United States.
2951 Diplomatic service.
2953 Foreign economic, military,
2954 technical,
2955 and humanitarian assistance.
2957 Foreign loans.
2959 International activities
2960 of the American National Red Cross
2961 and the International Committee
2962 of the Red Cross.
2964 International aspects
2965 of nuclear energy,
2966 including nuclear transfer policy.
2968 International conferences
2969 and congresses.
2971 International law
2972 as it relates to foreign policy.
2974 International Monetary Fund
2975 and other international organizations
2976 established primarily
2977 for international monetary
2978 purposes
2979 (except that,
2980 at the request
2981 of the Committee
2982 on Banking, Housing,
2983 and Urban Affairs,
2984 any proposed legislation
2985 relating to such subjects
2986 reported
2987 by the Committee
2988 on Foreign Relations
2989 shall be referred
2990 to the Committee
2991 on Banking, Housing,
2992 and Urban Affairs).
2994 Intervention abroad
2995 and declarations of war.
2997 Measures
2998 to foster commercial intercourse
2999 with foreign nations
3000 and to safeguard
3001 American business interests
3002 abroad.
3004 National security
3005 and international aspects
3006 of trusteeships
3007 of the United States.
3009 Oceans
3010 and international environmental
3011 and scientific affairs
3012 as they relate to foreign policy.
3014 Protection
3015 of United States citizens abroad
3016 and expatriation.
3018 Relations of the United States
3019 with foreign nations generally.
3021 Treaties and executive agreements,
3022 except reciprocal trade agreements.
3024 United Nations
3025 and its affiliated organizations.
3027 World Bank group,
3028 the regional development banks,
3029 and other international organizations
3030 established primarily
3031 for development assistance
3032 purposes.
3034(2)
3035 Such committee shall also
3036 study and review,
3037 on a comprehensive basis,
3038 matters relating
3039 to the national security policy,
3040 foreign policy,
3041 and international economic policy
3042 as it relates
3043 to foreign policy
3044 of the United States,
3045 and matters relating
3046 to food, hunger, and nutrition
3047 in foreign countries,
3048 and report thereon
3049 from time to time.
3051(1)
3052 Committee on Governmental Affairs,
3053 to which committee
3054 shall be referred
3055 all proposed legislation,
3056 messages,
3057 petitions,
3058 memorials,
3059 and other matters
3060 relating
3061 to the following subjects:
3063 Archives
3064 of the United States.
3066 Budget and accounting measures,
3067 other than appropriations,
3068 except as provided
3069 in the Congressional Budget Act
3070 of 1974.
3072 Census
3073 and collection of statistics,
3074 including economic
3075 and social statistics.
3077 Congressional organization,
3078 except for any part
3079 of the matter
3080 that amends the rules
3081 or orders
3082 of the Senate.
3084 Federal Civil Service.
3086 Government information.
3088 Intergovernmental relations.
3090 Municipal affairs
3091 of the District of Columbia,
3092 except appropriations therefor.
3094 Organization and management
3095 of United States
3096 nuclear export policy.
3098 Organization and reorganization
3099 of the executive branch
3100 of the Government.
3102 Postal Service.
3104 Status of officers and employees
3105 of the United States,
3106 including their classification,
3107 compensation,
3108 and benefits.
3110(2)
3111 Such committee
3112 shall have the duty of
3114 receiving and examining reports
3115 of the Comptroller General
3116 of the United States
3117 and of submitting
3118 such recommendations
3119 to the Senate
3120 as it deems necessary
3121 or desirable
3122 in connection
3123 with the subject matter
3124 of such reports;
3126 studying the efficiency, economy,
3127 and effectiveness
3128 of all agencies
3129 and departments
3130 of the Government;
3132 evaluating the effects of laws
3133 enacted to reorganize
3134 the legislative
3135 and executive branches
3136 of the Government;
3137 and
3139 studying
3140 the intergovernmental relationships
3141 between the United States
3142 and the States
3143 and municipalities,
3144 and between the United States
3145 and international organizations
3146 of which the United States
3147 is a member.
3149(1)
3150 Committee on Health, Education,
3151 Labor, and Pensions,
3152 to which committee
3153 shall be referred
3154 all proposed legislation,
3155 messages,
3156 petitions,
3157 memorials,
3158 and other matters
3159 relating
3160 to the following subjects:
3162 Measures relating
3163 to education, labor, health,
3164 and public welfare.
3166 Aging.
3168 Agricultural colleges.
3170 Arts and humanities.
3172 Biomedical research
3173 and development.
3175 Child labor.
3177 Convict labor
3178 and the entry of goods
3179 made by convicts
3180 into interstate commerce.
3182 Domestic activities
3183 of the American National Red Cross.
3185 Equal employment opportunity.
3187 Gallaudet College,
3188 Howard University,
3189 and Saint Elizabeths Hospital.
3191 Individuals with disabilities.
3193 Labor standards
3194 and labor statistics.
3196 Mediation and arbitration
3197 of labor disputes.
3199 Occupational safety and health,
3200 including the welfare of miners.
3202 Private pension plans.
3204 Public health.
3206 Railway labor and retirement.
3208 Regulation
3209 of foreign laborers.
3211 Student loans.
3213 Wages and hours of labor.
3215(2)
3216 Such committee
3217 shall also study and review,
3218 on a comprehensive basis,
3219 matters
3220 relating
3221 to health,
3222 education and training,
3223 and public welfare,
3224 and report thereon
3225 from time to time.
3227(1)
3228 Committee on the Judiciary,
3229 to which committee
3230 shall be referred
3231 all proposed legislation,
3232 messages,
3233 petitions,
3234 memorials,
3235 and other matters
3236 relating
3237 to the following subjects:
3239 Apportionment of Representatives.
3241 Bankruptcy, mutiny, espionage,
3242 and counterfeiting.
3244 Civil liberties.
3246 Constitutional amendments.
3248 Federal courts and judges.
3250 Government information.
3252 Holidays and celebrations.
3254 Immigration and naturalization.
3256 Interstate compacts generally.
3258 Judicial proceedings,
3259 civil and criminal,
3260 generally.
3262 Local courts
3263 in the territories
3264 and possessions.
3266 Measures relating
3267 to claims
3268 against the United States.
3270 National penitentiaries.
3272 Patent Office.
3274 Patents, copyrights,
3275 and trademarks.
3277 Protection of trade and commerce
3278 against unlawful restraints
3279 and monopolies
3281 Revision and codification
3282 of the statutes
3283 of the United States.
3285 State and territorial
3286 boundary lines.
3288(1)
3289 Committee
3290 on Rules and Administration,
3291 to which committee
3292 shall be referred
3293 all proposed legislation,
3294 messages,
3295 petitions,
3296 memorials,
3297 and other matters
3298 relating
3299 to the following subjects:
3301 Administration
3302 of the Senate Office Buildings
3303 and the Senate wing
3304 of the Capitol,
3305 including the assignment
3306 of office space.
3308 Congressional organization
3309 relative
3310 to rules and procedures,
3311 and Senate rules
3312 and regulations,
3313 including floor
3314 and gallery rules.
3316 Corrupt practices.
3318 Credentials and qualifications
3319 of Members of the Senate,
3320 contested elections,
3321 and acceptance
3322 of incompatible offices.
3324 Federal elections generally,
3325 including the election
3326 of the President,
3327 Vice President,
3328 and Members
3329 of the Congress.
3331 Government Printing Office,
3332 and the printing
3333 and correction
3334 of the Congressional Record,
3335 as well as those matters
3336 provided for
3337 under rule XI.
3339 Meetings of the Congress
3340 and attendance of Members.
3342 Payment of money
3343 out of the contingent fund
3344 of the Senate
3345 or creating a charge
3346 upon the same
3347 (except that any resolution
3348 relating
3349 to substantive matter
3350 within the jurisdiction
3351 of any other
3352 standing committee
3353 of the Senate
3354 shall be first referred
3355 to such committee).
3357 Presidential succession.
3359 Purchase of books
3360 and manuscripts
3361 and erection of monuments
3362 to the memory
3363 of individuals.
3365 Senate Library
3366 and statuary, art, and pictures
3367 in the Capitol
3368 and Senate Office Buildings.
3370 Services to the Senate,
3371 including the Senate restaurant.
3373 United States Capitol
3374 and congressional
3375 office buildings,
3376 the Library of Congress,
3377 the Smithsonian Institution
3378 (and the incorporation
3379 of similar institutions),
3380 and the Botanic Gardens.
3382(2)
3383 Such committees shall also-
3385 make a continuing study
3386 of the organization
3387 and operation
3388 of the Congress
3389 of the United States
3390 and shall recommend improvements
3391 in such organization
3392 and operation
3393 with a view toward
3394 strengthening the Congress,
3395 simplifying its operations,
3396 improving its relationships
3397 with other branches
3398 of the United States
3399 Government,
3400 and enabling it better
3401 to meet
3402 its responsibilities
3403 under the Constitution
3404 of the United States;
3406 identify any court proceeding
3407 or action
3408 which, in the opinion
3409 of the Committee,
3410 is of vital interest
3411 to the Congress
3412 as a constitutionally
3413 established institution
3414 of the Federal Government
3415 and call such proceeding
3416 or action
3417 to the attention
3418 of the Senate;
3419 and
3421 develop, implement, and update
3422 as necessary
3423 a strategy planning process
3424 and a strategic plan
3425 for the functional
3426 and technical
3427 infrastructure support
3428 of the Senate
3429 and provide oversight
3430 over plans
3431 developed
3432 by Senate officers
3433 and others
3434 in accordance
3435 with the strategic
3436 planning process.
3438(1)
3439 Committee on Small Business
3440 and Entrepreneurship,
3441 to which committee
3442 shall be referred
3443 all proposed legislation,
3444 messages,
3445 petitions,
3446 memorials,
3447 and other matters
3448 relating
3449 to the Small Business
3450 Administration.
3452(2)
3453 Any proposed legislation
3454 reported by such committee
3455 which relates to matters
3456 other than the functions
3457 of the Small Business
3458 Administration
3459 shall,
3460 at the request
3461 of the chairman
3462 of any standing committee
3463 having jurisdiction
3464 over the subject matter
3465 extraneous
3466 to the functions
3467 of the Small
3468 Business
3469 Administration,
3470 be considered and reported
3471 by such standing committee
3472 prior to its consideration
3473 by the Senate;
3474 and likewise measures
3475 reported by other committees
3476 directly relating
3477 to the Small Business
3478 Administration
3479 shall,
3480 at the request
3481 of the chairman
3482 of the Committee
3483 on Small Business,
3484 be referred
3485 to the Committee
3486 on Small Business
3487 and Entrepreneurship
3488 for its consideration
3489 of any portions
3490 of the measure
3491 dealing
3492 with the Small
3493 Business
3494 Administration,
3495 and be reported
3496 by this committee
3497 prior to its consideration
3498 by the Senate.
3500(3)
3501 Such committee
3502 shall also study and survey
3503 by means
3504 of research
3505 and investigation
3506 all problems
3507 of American
3508 small business enterprises,
3509 and report thereon
3510 from time to time.
3512(1)
3513 Committee on Veterans' Affairs,
3514 to which committee
3515 shall be referred
3516 all proposed legislation,
3517 messages,
3518 petitions,
3519 memorials,
3520 and other matters
3521 relating
3522 to the following subjects:
3524 Compensation of veterans.
3526 Life insurance
3527 issued by the Government
3528 on account of service
3529 in the Armed Forces.
3531 National cemeteries.
3533 Pensions of all wars
3534 of the United States,
3535 general and special.
3537 Readjustment of servicemen
3538 to civil life.
3540 Soldiers' and sailors'
3541 civil relief.
3543 Veterans' hospitals,
3544 medical care
3545 and treatment of veterans.
3547 Veterans' measures generally.
3549 Vocational rehabilitation
3550 and education of veterans.
3552(2)
3553 Except as otherwise provided
3554 by paragraph 4
3555 of this rule,
3556 each of the following
3557 standing committees
3558 shall consist
3559 of the number of Senators
3560 set forth
3561 in the following table
3562 on the line
3563 on which the name
3564 of that committee
3565 appears:
3567 Committee / Members
3569 Agriculture, Nutrition,
3570 and Forestry / 20
3572 Appropriations / 28
3574 Armed Services / 18
3576 Banking, Housing,
3577 and Urban Affairs / 22
3579 Commerce, Science,
3580 and Transportation / 20
3582 Energy and Natural Resources / 20
3584 Environment and Public Works / 18
3586 Finance / 20
3588 Foreign Relations / 18
3590 Homeland Security
3591 and Governmental Affairs / 16
3593 Judiciary / 18
3595 H.E.L.P. / 18
3597(3)(a)
3598 Except as otherwise provided
3599 by paragraph 4
3600 of this rule,
3601 each of the following
3602 standing committees
3603 shall consist
3604 of the number of Senators
3605 set forth
3606 in the following table
3607 on the line
3608 on which the name
3609 of that committee
3610 appears:
3612 Committee / Members:
3614 Budget / 22
3616 Rules and Administration / 16
3618 Veterans' Affairs / 14
3620 Small Business
3621 and Entrepreneurship / 18
3623(3)(b)
3624 Each of the following committees
3625 and joint committees
3626 shall consist
3627 of the number of Senators
3628 (or Senate members,
3629 in the case
3630 of a joint committee)
3631 set forth
3632 in the following table
3633 on the line
3634 on which the name
3635 of that committee
3636 appears:
3638 Committee / Members:
3640 Aging / 18
3642 Intelligence / 19
3644 Joint Economic Committee / 10
3646(3)(c)
3647 Each of the following committees
3648 and joint committees
3649 shall consist
3650 of the number of Senators
3651 (or Senate members,
3652 in the case
3653 of a joint committee)
3654 set forth
3655 in the following table
3656 on the line
3657 on which the name
3658 of that committee
3659 appears:
3661 Committee / Members:
3663 Ethics / 6
3665 Indian Affairs / 14
3667 Joint Committee on Taxation / 5
3669(4)(a)
3670 Each of the following committees
3671 and joint committees
3672 shall consist
3673 of the number of Senators
3674 (or Senate members,
3675 in the case
3676 of a joint committee)
3677 set forth
3678 in the following table
3679 on the line
3680 on which the name
3681 of that committee
3682 appears:
3684 each Senator shall serve
3685 on two and no more committees
3686 listed in paragraph 2;
3687 and
3689 each Senator may serve
3690 on only one committee
3691 listed
3692 in paragraph 3 (a) or (b).
3694(4)(b)(1)
3695 Each Senator may serve
3696 on not more than three
3697 subcommittees
3698 of each committee
3699 (other than the Committee
3700 on Appropriations)
3701 listed in paragraph 2
3702 of which he is a member.
3704(4)(b)(2)
3705 Each Senator may serve
3706 on not more than two
3707 subcommittees
3708 of a committee
3709 listed
3710 in paragraph 3 (a) or (b)
3711 of which he is a member.
3713(4)(b)(3)
3714 Notwithstanding subparagraphs
3715 (1) and (2),
3716 a Senator
3717 serving as chairman
3718 or ranking minority member
3719 of a standing, select,
3720 or special committee
3721 of the Senate
3722 or joint committee
3723 of the Congress
3724 may serve ex officio,
3725 without vote,
3726 as a member
3727 of any subcommittee
3728 of such committee
3729 or joint committee.
3731(4)(b)(4)
3732 No committee of the Senate
3733 may establish any sub-unit
3734 of that committee
3735 other than a subcommittee,
3736 unless the Senate
3737 by resolution
3738 has given permission therefor.
3739 For purposes
3740 of this subparagraph,
3741 any subunit
3742 of a joint committee
3743 shall be treated
3744 as a subcommittee.
3746(4)(c)
3747 By agreement
3748 entered into
3749 by the majority leader
3750 and the minority leader,
3751 the membership
3752 of one or more
3753 standing committees
3754 may be increased temporarily
3755 from time to time
3756 by such number or numbers
3757 as may be required
3758 to accord
3759 to the majority party
3760 a majority
3761 of the membership
3762 of all standing
3763 committees.
3764 When any such temporary increase
3765 is necessary
3766 to accord
3767 to the majority party
3768 a majority
3769 of the membership
3770 of all standing committees,
3771 members of the majority party
3772 in such number
3773 as may be required
3774 for that purpose
3775 may serve as members
3776 of three standing committees
3777 listed in paragraph 2.
3778 No such temporary increase
3779 in the membership
3780 of any standing committee
3781 under this subparagraph
3782 shall be continued in effect
3783 after the need therefor
3784 has ended.
3785 No standing committee
3786 may be increased
3787 in membership
3788 under this subparagraph
3789 by more than two members
3790 in excess
3791 of the number prescribed
3792 for that committee
3793 by paragraph 2
3794 or 3(a).
3796(4)(d)
3797 A Senator may serve
3798 as a member
3799 of any joint committee
3800 of the Congress
3801 the Senate members of which
3802 are required by law
3803 to be appointed
3804 from a standing committee
3805 of the Senate
3806 of which he is a member,
3807 and service as a member
3808 of any such joint committee
3809 shall not be taken into account
3810 for purposes
3811 of subparagraph (a)(2).
3813(4)(e)(1)
3814 No Senator shall serve
3815 at any time
3816 as chairman
3817 of more than one
3818 standing, select,
3819 or special committee
3820 of the Senate
3821 or joint committee
3822 of the Congress,
3823 except that a Senator
3824 may serve as chairman
3825 of any joint committee
3826 of the Congress
3827 having jurisdiction
3828 with respect
3829 to a subject matter
3830 which is directly related
3831 to the jurisdiction
3832 of a standing
3833 committee
3834 of which he
3835 is chairman.
3837(4)(e)(2)
3838 No Senator shall serve
3839 at any time
3840 as chairman
3841 of more than one subcommittee
3842 of each standing, select,
3843 or special committee
3844 of the Senate
3845 or joint committee
3846 of the Congress
3847 of which he is a member.
3849(4)(e)(3)
3850 A Senator
3851 who is serving
3852 as the chairman
3853 of a committee
3854 listed in paragraph 2
3855 may serve at any time
3856 as the chairman
3857 of only one subcommittee
3858 of all committees
3859 listed in paragraph 2
3860 of which he is a member
3861 and may serve at any time
3862 as the chairman
3863 of only one subcommittee
3864 of each committee
3865 listed
3866 in paragraph 3
3867 (a) or (b)
3868 of which he is a member.
3869 A Senator
3870 who is serving
3871 as the chairman
3872 of a committee
3873 listed
3874 in paragraph 3
3875 (a) or (b)
3876 may not serve
3877 as the chairman
3878 of any subcommittee
3879 of that committee,
3880 and may serve at any time
3881 as the chairman
3882 of only one subcommittee
3883 of each committee
3884 listed in paragraph 2
3885 of which he is a member.
3886 Any other Senator
3887 may serve as the chairman
3888 of only one subcommittee
3889 of each committee
3890 listed
3891 in paragraph 2, 3(a),
3892 or 3(b)
3893 of which he is a member.
3895(4)(f)
3896 A Senator
3897 serving
3898 on the Committee
3899 on Rules and Administration
3900 may not serve
3901 on any joint committee
3902 of the Congress
3903 unless the Senate members
3904 thereof
3905 are required by law
3906 to be appointed
3907 from the Committee
3908 on Rules
3909 and Administration,
3910 or unless such Senator served
3911 on the Committee
3912 on Rules and Administration
3913 and the Joint Committee
3914 on Taxation
3915 on the last day
3916 of the Ninety-eighth
3917 Congress.
3919(4)(g)
3920 A Senator
3921 who on the day preceding
3922 the effective date
3923 of Title I
3924 of the Committee System
3925 Reorganization
3926 Amendments of 1977
3927 was serving
3928 as the chairman
3929 or ranking minority member
3930 of the Committee
3931 on the District of Columbia
3932 or the Committee
3933 on Post Office
3934 and Civil Service
3935 may serve
3936 on the Committee
3937 on Governmental Affairs
3938 in addition to serving
3939 on two other
3940 standing committees
3941 listed in paragraph 2.
3942 At the request
3943 of any such Senator,
3944 he shall be appointed
3945 to serve
3946 on such committee
3947 but, while serving
3948 on such committee
3949 and two other
3950 standing committees
3951 listed in paragraph 2,
3952 he may not serve
3953 on any committee
3954 listed
3955 in paragraph 3
3956 (a) or (b)
3957 other than the Committee
3958 on Rules
3959 and Administration.
3960 The preceding provisions
3961 of this subparagraph
3962 shall apply
3963 with respect
3964 to any Senator
3965 only so long
3966 as his service
3967 as a member
3968 of the Committee
3969 on Governmental Affairs
3970 is continuous
3971 after the date
3972 on which the appointment
3973 of the majority
3974 and minority members
3975 of the Committee
3976 on Governmental
3977 Affairs
3978 is initially
3979 completed.
3981Rule.. XXVI
3982COMMITTEE PROCEDURE
39841.
3985 Each standing committee,
3986 including any subcommittee
3987 of any such committee,
3988 is authorized
3989 to hold such hearings,
3990 to sit and act
3991 at such times and places
3992 during the sessions,
3993 recesses,
3994 and adjourned periods
3995 of the Senate,
3996 to require by subpena or otherwise
3997 the attendance of such witnesses
3998 and the production
3999 of such correspondence,
4000 books,
4001 papers,
4002 and documents,
4003 to take such testimony
4004 and to make such expenditures
4005 out of the contingent fund
4006 of the Senate
4007 as may be authorized
4008 by resolutions of the Senate.
4009 Each such committee
4010 may make investigations
4011 into any matter
4012 within its jurisdiction,
4013 may report such hearings
4014 as may be had by it,
4015 and may employ stenographic assistance
4016 at a cost not exceeding the amount
4017 prescribed
4018 by the Committee
4019 on Rules and Administration.
4020 The expenses of the committee
4021 shall be paid
4022 from the contingent fund
4023 of the Senate
4024 upon vouchers
4025 approved by the chairman.
40272.
4028 Each committee
4029 shall adopt rules
4030 (not inconsistent
4031 with the Rules of the Senate)
4032 governing the procedure
4033 of such committee.
4034 The rules of each committee
4035 shall be published
4036 in the Congressional Record
4037 not later than March 1
4038 of the first year
4039 of each Congress,
4040 except that if any such committee
4041 is established
4042 on or after February 1 of a year,
4043 the rules of that committee
4044 during the year of establishment
4045 shall be published
4046 in the Congressional Record
4047 not later than sixty days
4048 after such establishment.
4049 Any amendment
4050 to the rules of a committee
4051 shall not take effect
4052 until the amendment is published
4053 in the Congressional Record.
40553.
4056 Each standing committee
4057 (except the Committee on Appropriations)
4058 shall fix regular weekly, biweekly,
4059 or monthly meeting days
4060 for the transaction of business
4061 before the committee
4062 and additional meetings
4063 may be called by the chairman
4064 as he may deem necessary.
4065 If at least three members
4066 of any such committee
4067 desire that a special meeting
4068 of the committee
4069 be called by the chairman,
4070 those members may file
4071 in the offices of the committee
4072 their written request
4073 to the chairman
4074 for that special meeting.
4075 Immediately upon the filing
4076 of the request,
4077 the clerk of the committee
4078 shall notify the chairman
4079 of the filing of the request.
4080 If, within three calendar days
4081 after the filing of the request,
4082 the chairman does not call
4083 the requested special meeting,
4084 to be held
4085 within seven calendar days
4086 after the filing of the request,
4087 a majority of the members
4088 of the committee
4089 may file
4090 in the offices of the committee
4091 their written notice
4092 that a special meeting
4093 of the committee
4094 will be held,
4095 specifying the date and hour
4096 of that special meeting.
4097 The committee shall meet
4098 on that date and hour.
4099 Immediately upon the filing
4100 of the notice,
4101 the clerk of the committee
4102 shall notify all members
4103 of the committee
4104 that such special meeting
4105 will be held
4106 and inform them
4107 of its date and hour.
4108 If the chairman
4109 of any such committee
4110 is not present
4111 at any regular, additional,
4112 or special meeting
4113 of the committee,
4114 the ranking member
4115 of the majority party
4116 on the committee
4117 who is present
4118 shall preside at that meeting.
41204.
4121 (a)
4122 Each committee
4123 (except the Committee on Appropriations
4124 and the Committee on the Budget)
4125 shall make public announcement
4126 of the date, place,
4127 and subject matter
4128 of any hearing
4129 to be conducted by the committee
4130 on any measure or matter
4131 at least one week
4132 before the commencement
4133 of that hearing
4134 unless the committee determines
4135 that there is good cause
4136 to begin such hearing
4137 at an earlier date.
4138 (b)
4139 Each committee
4140 (except the Committee on Appropriations)
4141 shall require each witness
4142 who is to appear before the committee
4143 in any hearing
4144 to file with the clerk
4145 of the committee,
4146 at least one day
4147 before the date
4148 of the appearance
4149 of that witness,
4150 a written statement
4151 of his proposed testimony
4152 unless the committee chairman
4153 and the ranking minority member
4154 determine
4155 that there is good cause
4156 for noncompliance.
4157 If so requested by any committee,
4158 the staff of the committee
4159 shall prepare
4160 for the use of the members
4161 of the committee
4162 before each day of hearing
4163 before the committee
4164 a digest of the statements
4165 which have been so filed
4166 by witnesses
4167 who are to appear
4168 before the committee
4169 on that day.
4170 (c)
4171 After the conclusion
4172 of each day of hearing,
4173 if so requested by any committee,
4174 the staff shall prepare
4175 for the use of the members
4176 of the committee
4177 a summary of the testimony
4178 given before the committee
4179 on that day.
4180 After approval
4181 by the chairman
4182 and the ranking minority member
4183 of the committee,
4184 each such summary may be printed
4185 as a part of the committee hearings
4186 if such hearings are ordered
4187 by the committee
4188 to be printed.
4189 (d)
4190 Whenever any hearing is conducted
4191 by a committee
4192 (except the Committee on Appropriations)
4193 upon any measure or matter,
4194 the minority on the committee
4195 shall be entitled,
4196 upon request made
4197 by a majority
4198 of the minority members
4199 to the chairman
4200 before the completion
4201 of such hearing,
4202 to call witnesses
4203 selected by the minority
4204 to testify
4205 with respect
4206 to the measure or matter
4207 during at least one day
4208 of hearing thereon.
42105.
4211 (a)
4212 Notwithstanding any other provision
4213 of the rules,
4214 when the Senate is in session,
4215 no committee of the Senate
4216 or any subcommittee thereof
4217 may meet, without special leave,
4218 after the conclusion
4219 of the first two hours
4220 after the meeting
4221 of the Senate commenced
4222 and in no case
4223 after two o'clock postmeridian
4224 unless consent therefor
4225 has been obtained
4226 from the majority leader
4227 and the minority leader
4228 (or in the event of the absence
4229 of either of such leaders,
4230 from his designee).
4231 The prohibition contained
4232 in the preceding sentence
4233 shall not apply
4234 to the Committee on Appropriations
4235 or the Committee on the Budget.
4236 The majority leader
4237 or his designee
4238 shall announce to the Senate
4239 whenever consent has been given
4240 under this subparagraph
4241 and shall state
4242 the time and place
4243 of such meeting.
4244 The right to make
4245 such announcement of consent
4246 shall have the same priority
4247 as the filing
4248 of a cloture motion.
4250 (b)
4251 Each meeting of a committee,
4252 or any subcommittee thereof,
4253 including meetings
4254 to conduct hearings,
4255 shall be open to the public,
4256 except that a meeting
4257 or series of meetings
4258 by a committee
4259 or a subcommittee thereof
4260 on the same subject
4261 for a period
4262 of no more than
4263 fourteen calendar days
4264 may be closed to the public
4265 on a motion made and seconded
4266 to go into closed session
4267 to discuss only
4268 whether the matters
4269 enumerated
4270 in clauses (1) through (6)
4271 would require the meeting
4272 to be closed,
4273 followed immediately
4274 by a record vote
4275 in open session
4276 by a majority
4277 of the members
4278 of the committee
4279 or subcommittee
4280 when it is determined
4281 that the matters
4282 to be discussed
4283 or the testimony
4284 to be taken
4285 at such meeting or meetings
4287 will disclose matters
4288 necessary to be kept secret
4289 in the interests
4290 of national defense
4291 or the confidential conduct
4292 of the foreign relations
4293 of the United States;
4295 will relate solely
4296 to matters
4297 of committee staff personnel
4298 or internal staff management
4299 or procedure;
4301 will tend to charge an individual
4302 with crime or misconduct,
4303 to disgrace or injure
4304 the professional standing
4305 of an individual,
4306 or otherwise to expose
4307 an individual
4308 to public contempt or obloquy,
4309 or will represent
4310 a clearly unwarranted invasion
4311 of the privacy
4312 of an individual;
4314 will disclose the identity
4315 of any informer
4316 or law enforcement agent
4317 or will disclose any information
4318 relating to the investigation
4319 or prosecution
4320 of a criminal offense
4321 that is required
4322 to be kept secret
4323 in the interests
4324 of effective law enforcement;
4326 will disclose information
4327 relating to the trade secrets
4328 of financial or commercial information
4329 pertaining specifically
4330 to a given person if
4331 an Act of Congress
4332 requires the information
4333 to be kept confidential
4334 by Government officers
4335 and employees;
4336 or
4337 the information has been obtained
4338 by the Government
4339 on a confidential basis,
4340 other than through
4341 an application by such person
4342 for a specific Government
4343 financial or other benefit,
4344 and is required
4345 to be kept secret
4346 in order to prevent
4347 undue injury
4348 to the competitive position
4349 of such person;
4350 or
4352 may divulge matters
4353 required to be kept confidential
4354 under other provisions of law
4355 or Government regulations.
4357 (c)
4358 Whenever any hearing
4359 conducted by any such committee
4360 or subcommittee
4361 is open to the public,
4362 that hearing may be broadcast
4363 by radio or television, or both,
4364 under such rules
4365 as the committee
4366 or subcommittee may adopt.
4368 (d)
4369 Whenever disorder arises
4370 during a committee meeting
4371 that is open to the public,
4372 or any demonstration
4373 of approval or disapproval
4374 is indulged in
4375 by any person
4376 in attendance
4377 at any such meeting,
4378 it shall be the duty of the Chair
4379 to enforce order
4380 on his own initiative
4381 and without any point of order
4382 being made by a Senator.
4383 When the Chair finds it necessary
4384 to maintain order,
4385 he shall have the power
4386 to clear the room,
4387 and the committee may act
4388 in closed session
4389 for so long
4390 as there is doubt
4391 of the assurance of order.
4393 (e)
4394 (1)
4395 Each committee shall prepare and keep
4396 a complete transcript
4397 or electronic recording
4398 adequate to fully record
4399 the proceeding
4400 of each meeting or conference
4401 whether or not such meeting
4402 or any part thereof
4403 is closed under this paragraph,
4404 unless a majority of its members
4405 vote to forgo such a record.
4407 (2)
4408 (A)
4409 Except with respect to meetings
4410 closed in accordance with this rule,
4411 each committee and subcommittee
4412 shall make publicly available
4413 through the internet
4414 a video recording,
4415 audio recording,
4416 or transcript
4417 of any meeting
4418 not later than 21 business days
4419 after the meeting occurs.
4421 (B)
4422 information required by subclause (A)
4423 shall be available
4424 until the end of the Congress
4425 following the date
4426 of the meeting.
4428 (C)
4429 The Committee
4430 on Rules and Administration
4431 may waive this clause
4432 upon request
4433 based on the inability
4434 of a committee or subcommittee
4435 to comply with this clause
4436 due to technical
4437 or logistical reasons.
44396.
4440 Morning meetings of committees
4441 and subcommittees thereof
4442 shall be scheduled
4443 for one or both
4444 of the periods
4445 prescribed in this paragraph.
4446 The first period shall end
4447 at eleven o'clock antemeridian.
4448 The second period shall begin
4449 at eleven o'clock antemeridian
4450 and end
4451 at two o'clock postmeridian.
44537.
4454 (a)
4455 (1)
4456 Except as provided
4457 in this paragraph,
4458 each committee,
4459 and each subcommittee thereof
4460 is authorized
4461 to fix the number
4462 of its members
4463 (but not less than one-third
4464 of its entire membership)
4465 who shall constitute a quorum
4466 thereof
4467 for the transaction
4468 of such business
4469 as may be considered
4470 by said committee,
4471 except that no measure or matter
4472 or recommendation
4473 shall be reported
4474 from any committee
4475 unless a majority
4476 of the committee
4477 were physically present.
4479 (2)
4480 Each such committee, or subcommittee,
4481 is authorized
4482 to fix a lesser number
4483 than one-third
4484 of its entire membership
4485 who shall constitute a quorum
4486 thereof
4487 for the purpose
4488 of taking sworn testimony.
4490 (3)
4491 The vote of any committee
4492 to report a measure or matter
4493 shall require the concurrence
4494 of a majority
4495 of the members
4496 of the committee
4497 who are present.
4498 No vote of any member
4499 of any committee
4500 to report a measure or matter
4501 may be cast by proxy
4502 if rules adopted
4503 by such committee
4504 forbid the casting of votes
4505 for that purpose by proxy;
4506 however, proxies may not be voted
4507 when the absent committee member
4508 has not been informed
4509 of the matter
4510 on which he is being recorded
4511 and has not affirmatively requested
4512 that he be so recorded.
4513 Action by any committee
4514 in reporting any measure or matter
4515 in accordance
4516 with the requirements
4517 of this subparagraph
4518 shall constitute the ratification
4519 by the committee
4520 of all action theretofore taken
4521 by the committee
4522 with respect
4523 to that measure or matter,
4524 including votes taken
4525 upon the measure or matter
4526 or any amendment thereto,
4527 and no point of order shall lie
4528 with respect
4529 to that measure or matter
4530 on the ground
4531 that such previous action
4532 with respect thereto
4533 by such committee
4534 was not taken in compliance
4535 with such requirements.
4537 (b)
4538 Each committee
4539 (except the Committee
4540 on Appropriations)
4541 shall keep a complete record
4542 of all committee action.
4543 Such record shall include a record
4544 of the votes on any question
4545 on which a record vote
4546 is demanded.
4547 The results of rollcall votes
4548 taken in any meeting
4549 of any committee
4550 upon any measure,
4551 or any amendment thereto,
4552 shall be announced
4553 in the committee report
4554 on that measure
4555 unless previously announced
4556 by the committee,
4557 and such announcement
4558 shall include a tabulation
4559 of the votes cast in favor
4560 and the votes cast
4561 in opposition
4562 to each such measure
4563 and amendment
4564 by each member
4565 of the committee
4566 who was present
4567 at that meeting.
4569 (c)
4570 Whenever any committee
4571 by rollcall vote
4572 reports any measure or matter,
4573 the report of the committee
4574 upon such measure or matter
4575 shall include a tabulation
4576 of the votes cast
4577 by each member
4578 of the committee
4579 in favor of
4580 and in opposition to
4581 such measure or matter.
4582 Nothing contained
4583 in this subparagraph
4584 shall abrogate the power
4585 of any committee
4586 to adopt rules
4587 providing for proxy voting
4588 on all matters
4589 other than the reporting
4590 of a measure or matter,
4591 or
4592 providing
4593 in accordance
4594 with subparagraph (a)
4595 for a lesser number
4596 as a quorum
4597 for any action
4598 other than the reporting
4599 of a measure or matter.
46018.
4602 (a)
4603 In order to assist the Senate in --
4604 its analysis, appraisal,
4605 and evaluation
4606 of the application, administration,
4607 and execution
4608 of the laws
4609 enacted by the Congress,
4610 and
4611 its formulation, consideration,
4612 and enactment
4613 of such modifications of
4614 or changes in those laws,
4615 and of such additional legislation,
4616 as may be necessary or appropriate,
4617 each standing committee
4618 (except the Committees
4619 on Appropriations
4620 and the Budget),
4621 shall review and study,
4622 on a continuing basis
4623 the application, administration,
4624 and execution
4625 of those laws,
4626 or parts of laws,
4627 the subject matter of which
4628 is within
4629 the legislative
4630 jurisdiction
4631 of that committee.
4632 Such committees
4633 may carry out
4634 the required analysis, appraisal,
4635 and evaluation themselves,
4636 or by contract,
4637 or may require a Government agency
4638 to do so
4639 and furnish a report thereon
4640 to the Senate.
4641 Such committees may rely
4642 on such techniques
4643 as pilot testing,
4644 analysis of costs
4645 in comparison with benefits,
4646 or provision for evaluation
4647 after a defined period of time.
4649 (b)
4650 In each odd-numbered year,
4651 each such committee shall submit,
4652 not later than March 31,
4653 to the Senate,
4654 a report on the activities
4655 of that committee
4656 under this paragraph
4657 during the Congress
4658 ending at noon
4659 on January 3
4660 of such year.
46629.
4663 (a)
4664 Except as provided
4665 in subparagraph (b),
4666 each committee shall report
4667 one authorization resolution
4668 each year
4669 authorizing the committee
4670 to make expenditures
4671 out of the contingent fund
4672 of the Senate
4673 to defray its expenses,
4674 including the compensation
4675 of members of its staff
4676 and agency contributions
4677 related to such compensation,
4678 during the period
4679 beginning on March 1
4680 of such year
4681 and ending
4682 on the last day
4683 of February
4684 of the following year.
4685 Such annual authorization resolution
4686 shall be reported
4687 not later than January 31
4688 of each year,
4689 except that,
4690 whenever the designation
4691 of members
4692 of standing committees
4693 of the Senate
4694 occurs during the first session
4695 of a Congress
4696 at a date later than January 20,
4697 such resolution may be reported
4698 at any time
4699 within thirty days
4700 after the date
4701 on which the designation
4702 of such members
4703 is completed.
4704 After the annual authorization resolution
4705 of a committee for a year
4706 has been agreed to,
4707 such committee may procure authorization
4708 to make additional expenditures
4709 out of the contingent fund
4710 of the Senate
4711 during that year
4712 only by reporting
4713 a supplemental authorization
4714 resolution.
4715 Each supplemental authorization resolution
4716 reported by a committee
4717 shall amend
4718 the annual authorization resolution
4719 of such committee
4720 for that year
4721 and shall be accompanied by a report
4722 specifying with particularity
4723 the purpose
4724 for which such authorization
4725 is sought
4726 and the reason
4727 why such authorization
4728 could not have been sought
4729 at the time
4730 of the submission
4731 by such committee
4732 of its annual
4733 authorization
4734 resolution
4735 for that year.
4737 (b)
4738 In lieu of the procedure provided
4739 in subparagraph (a),
4740 the Committee
4741 on Rules and Administration
4742 may
4743 direct each committee
4744 to report an authorization resolution
4745 for a two year budget period
4746 beginning on March 1
4747 of the first session
4748 of a Congress;
4749 and
4750 report one authorization resolution
4751 containing more than one
4752 committee authorization resolution
4753 for a one year
4754 or two year budget period.
475610.
4757 (a)
4758 All committee hearings, records,
4759 data, charts, and files
4760 shall be kept separate and distinct
4761 from the congressional office records
4762 of the Member serving
4763 as chairman
4764 of the committee;
4765 and such records
4766 shall be the property
4767 of the Senate
4768 and all members of the committee
4769 and the Senate
4770 shall have access
4771 to such records.
4772 Each committee is authorized
4773 to have printed and bound
4774 such testimony and other data
4775 presented at hearings
4776 held by the committee.
4778 (b)
4779 It shall be the duty
4780 of the chairman of each committee
4781 to report or cause to be reported
4782 promptly to the Senate
4783 any measure approved
4784 by his committee
4785 and to take or cause to be taken
4786 necessary steps
4787 to bring the matter to a vote.
4788 In any event,
4789 the report of any committee
4790 upon a measure
4791 which has been approved
4792 by the committee
4793 shall be filed
4794 within seven calendar days
4795 (exclusive of days
4796 on which the Senate
4797 is not in session)
4798 after the day
4799 on which there has been filed
4800 with the clerk
4801 of the committee
4802 a written and signed request
4803 of a majority
4804 of the committee
4805 for the reporting
4806 of that measure.
4807 Upon the filing of any such request,
4808 the clerk of the committee
4809 shall transmit immediately
4810 to the chairman
4811 of the committee
4812 notice of the filing
4813 of that request.
4814 This subparagraph does not apply
4815 to the Committee on Appropriations.
4817 (c)
4818 If at the time of approval
4819 of a measure or matter
4820 by any committee
4821 (except for the Committee
4822 on Appropriations),
4823 any member of the committee
4824 gives notice of intention
4825 to file supplemental, minority,
4826 or additional views,
4827 that member shall be entitled
4828 to not less than three calendar days
4829 in which to file such views,
4830 in writing,
4831 with the clerk
4832 of the committee.
4833 All such views so filed
4834 by one or more members
4835 of the committee
4836 shall be included within,
4837 and shall be a part of,
4838 the report filed by the committee
4839 with respect
4840 to that measure or matter.
4841 The report of the committee
4842 upon that measure or matter
4843 shall be printed in a single volume
4844 which
4845 shall include
4846 all supplemental, minority,
4847 or additional views
4848 which have been submitted
4849 by the time
4850 of the filing of the report,
4851 and
4852 shall bear upon its cover a recital
4853 that supplemental, minority,
4854 or additional views
4855 are included as part
4856 of the report.
4857 This subparagraph does not preclude
4858 the immediate filing and printing
4859 of a committee report
4860 unless timely request
4861 for the opportunity
4862 to file supplemental, minority,
4863 or additional views
4864 has been made
4865 as provided
4866 by this subparagraph;
4867 or
4868 the filing by any such committee
4869 of any supplemental report
4870 upon any measure or matter
4871 which may be required
4872 for the correction
4873 of any technical error
4874 in a previous report
4875 made by that committee
4876 upon that measure or matter.
487811.
4879 (a)
4880 The report accompanying
4881 each bill or joint resolution
4882 of a public character
4883 reported by any committee
4884 (except the Committee
4885 on Appropriations
4886 and the Committee on the Budget)
4887 shall contain
4888 an estimate, made by such committee,
4889 of the costs
4890 which would be incurred
4891 in carrying out
4892 such bill or joint resolution
4893 in the fiscal year
4894 in which it is reported
4895 and in each
4896 of the five fiscal years
4897 following such fiscal year
4898 (or for the authorized duration
4899 of any program authorized
4900 by such bill
4901 or joint resolution,
4902 if less than five years),
4903 except that,
4904 in the case of measures
4905 affecting the revenues,
4906 such reports shall require
4907 only an estimate
4908 of the gain or loss
4909 in revenues
4910 for a one-year period;
4911 and
4912 a comparison
4913 of the estimate of costs
4914 described in subparagraph (1)
4915 made by such committee
4916 with any estimate of costs
4917 made by any Federal agency;
4918 or
4919 in lieu of such estimate
4920 or comparison, or both,
4921 a statement of the reasons
4922 why compliance
4923 by the committee
4924 with the requirements
4925 of subparagraph (1) or (2),
4926 or both,
4927 is impracticable.
4929 (b)
4930 Each such report
4931 (except those
4932 by the Committee on Appropriations)
4933 shall also contain
4934 an evaluation, made by such committee,
4935 of the regulatory impact
4936 which would be incurred
4937 in carrying out
4938 the bill or joint resolution.
4939 The evaluation shall include
4940 (A) an estimate of the numbers
4941 of individuals and businesses
4942 who would be regulated
4943 and a determination
4944 of the groups and classes
4945 of such individuals
4946 and businesses,
4947 (B) a determination
4948 of the economic impact
4949 of such regulation
4950 on the individuals, consumers,
4951 and businesses affected,
4952 (C) a determination of the impact
4953 on the personal privacy
4954 of the individuals affected,
4955 and
4956 (D) a determination
4957 of the amount
4958 of additional paperwork
4959 that will result
4960 from the regulations
4961 to be promulgated
4962 pursuant to the bill
4963 or joint resolution,
4964 which determination may include,
4965 but need not be limited to,
4966 estimates of the amount of time
4967 and financial costs
4968 required of affected parties,
4969 showing whether the effects
4970 of the bill or joint resolution
4971 could be substantial,
4972 as well as reasonable estimates
4973 of the recordkeeping requirements
4974 that may be associated
4975 with the bill
4976 or joint resolution;
4977 or
4978 in lieu of such evaluation,
4979 a statement of the reasons
4980 why compliance
4981 by the committee
4982 with the requirements
4983 of clause (1)
4984 is impracticable.
4986 (c)
4987 It shall not be in order
4988 for the Senate to consider
4989 any such bill or joint resolution
4990 if the report of the committee
4991 on such bill or joint resolution
4992 does not comply
4993 with the provisions
4994 of subparagraphs (a) and (b)
4995 on the objection of any Senator.
499712.
4998 Whenever a committee reports
4999 a bill or a joint resolution
5000 repealing or amending
5001 any statute or part thereof
5002 it shall make a report thereon
5003 and shall include in such report
5004 or in an accompanying document
5005 (to be prepared
5006 by the staff
5007 of such committee)
5008 (a) the text of the statute
5009 or part thereof
5010 which is proposed
5011 to be repealed;
5012 and
5013 (b) a comparative print
5014 of that part
5015 of the bill
5016 or joint resolution
5017 making the amendment
5018 and of the statute
5019 or part thereof
5020 proposed to be amended,
5021 showing
5022 by strickenthrough type
5023 and italics,
5024 parallel columns,
5025 or other appropriate
5026 typographical devices
5027 the omissions and insertions
5028 which would be made
5029 by the bill
5030 or joint resolution
5031 if enacted
5032 in the form recommended
5033 by the committee.
5034 This paragraph shall not apply
5035 to any such report
5036 in which it is stated that,
5037 in the opinion of the committee,
5038 it is necessary
5039 to dispense
5040 with the requirements
5041 of this subsection
5042 to expedite the business
5043 of the Senate.
504513.
5046 (a)
5047 Each committee
5048 (except the Committee
5049 on Appropriations)
5050 which has legislative jurisdiction
5051 shall, in its consideration
5052 of all bills and joint resolutions
5053 of a public character
5054 within its jurisdiction,
5055 endeavor to insure that
5056 all continuing programs
5057 of the Federal Government
5058 and of the government
5059 of the District of Columbia,
5060 within the jurisdiction
5061 of such committee
5062 or joint committee,
5063 are designed;
5064 and
5065 all continuing activities
5066 of Federal agencies,
5067 within the jurisdiction
5068 of such committee
5069 or joint committee,
5070 are carried on;
5071 so that,
5072 to the extent consistent
5073 with the nature, requirements,
5074 and objectives
5075 of those programs
5076 and activities,
5077 appropriations therefor
5078 will be made annually.
5080 (b)
5081 Each committee
5082 (except the Committee
5083 on Appropriations)
5084 shall with respect
5085 to any continuing program
5086 within its jurisdiction
5087 for which appropriations
5088 are not made annually,
5089 review such program,
5090 from time to time,
5091 in order to ascertain
5092 whether such program
5093 could be modified
5094 so that appropriations therefor
5095 would be made annually.
5097Rule.. XXVII
5098COMMITTEE STAFF
51001.
5101 Staff members appointed
5102 to assist minority members of committees
5103 pursuant to authority of a resolution
5104 described in paragraph 9 of rule XXVI
5105 or other Senate resolution
5106 shall be accorded equitable treatment
5107 with respect
5108 to the fixing of salary rates,
5109 the assignment of facilities,
5110 and the accessibility
5111 of committee records.
51132.
5114 The minority shall receive fair consideration
5115 in the appointment of staff personnel
5116 pursuant to authority of a resolution
5117 described in paragraph 9 of rule XXVI.
51193.
5120 The staffs of committees
5121 (including personnel appointed
5122 pursuant to authority of a resolution
5123 described in paragraph 9 of rule XXVI
5124 or other Senate resolution)
5125 should reflect the relative number
5126 of majority and minority members
5127 of committees.
5128 A majority of the minority members
5129 of any committee may, by resolution,
5130 request that at least one-third
5131 of all funds of the committee
5132 for personnel
5133 (other than those funds
5134 determined
5135 by the chairman
5136 and ranking minority member
5137 to be allocated
5138 for the administrative
5139 and clerical functions
5140 of the committee as a whole)
5141 be allocated
5142 to the minority members
5143 of such committee
5144 for compensation of minority staff
5145 as the minority members may decide.
5146 The committee shall thereafter
5147 adjust its budget
5148 to comply with such resolution.
5149 Such adjustment shall be equitably made
5150 over a four-year period,
5151 commencing July 1, 1977,
5152 with not less than one-half
5153 being made in two years.
5154 Upon request
5155 by a majority of the minority members
5156 of any committee by resolution,
5157 proportionate space, equipment,
5158 and facilities
5159 shall be provided for such minority staff.
51614.
5162 No committee shall appoint to its staff
5163 any experts or other personnel
5164 detailed or assigned
5165 from any department or agency
5166 of the Government,
5167 except with the written permission
5168 of the Committee
5169 on Rules and Administration.
5171Rule.. XXVIII
5172CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS
51741.
5175 The presentation of reports
5176 of committees of conference
5177 shall always be in order
5178 when available on each Senator's desk,
5179 except when the Journal is being read
5180 or a question of order
5181 or a motion to adjourn is pending,
5182 or while the Senate is voting
5183 or ascertaining the presence of a quorum;
5184 and when received
5185 the question of proceeding
5186 to the consideration of the report,
5187 if raised,
5188 shall be immediately put,
5189 and shall be determined without debate.
51912.
5192 (a)
5193 When a message
5194 from the House of Representatives
5195 is laid before the Senate,
5196 it shall be in order
5197 for a single, non-divisible motion
5198 to be made that includes-
5200 a motion to disagree to a House amendment
5201 or insist upon a Senate amendment;
5203 a motion to request a committee of conference
5204 with the House
5205 or to agree to a request by the House
5206 for a committee of conference;
5207 and
5209 a motion to authorize the Presiding Officer
5210 to appoint conferees
5211 (or a motion to appoint conferees).
5213 (b)
5214 If a cloture motion is presented
5215 on a motion made
5216 pursuant to subparagraph (a),
5217 the motion shall be debatable
5218 for no more than 2 hours,
5219 equally divided in the usual form,
5220 after which the Presiding Officer,
5221 or the clerk
5222 at the direction
5223 of the Presiding Officer,
5224 shall lay the motion before the Senate.
5225 If cloture is then invoked on the motion,
5226 the question shall be on the motion,
5227 without further debate.
52293.
5230 (a)
5231 Conferees shall not insert in their report
5232 matter not committed to them
5233 by either House,
5234 nor shall they strike from the bill
5235 matter agreed to by both Houses.
5237 (b)
5238 If matter
5239 which was agreed to by both Houses
5240 is stricken from the bill
5241 a point of order may be made
5242 against the report,
5243 and if the point of order is sustained,
5244 the report is rejected
5245 or shall be recommitted
5246 to the committee of conference
5247 if the House of Representatives
5248 has not already acted thereon.
5250 (c)
5251 If new matter is inserted in the report,
5252 a point of order may be made
5253 against the conference report
5254 and it shall be disposed of
5255 as provided under paragraph 5.
52574.
5258 (a)
5259 In any case
5260 in which a disagreement
5261 to an amendment
5262 in the nature of a substitute
5263 has been referred to conferees-
5265 it shall be in order for the conferees
5266 to report a substitute
5267 on the same subject matter;
5269 the conferees may not include
5270 in the report
5271 matter not committed to them
5272 by either House;
5273 and
5275 the conferees may include
5276 in their report in any such case
5277 matter which is a germane modification
5278 of subjects in disagreement.
5280 (b)
5281 In any case
5282 in which the conferees violate
5283 subparagraph (a),
5284 a point of order may be made
5285 against the conference report
5286 and it shall be disposed of
5287 as provided under paragraph 5.
52895.
5290 (a)
5291 A Senator may raise a point of order
5292 that one or more provisions
5293 of a conference report
5294 violates paragraph 3 or paragraph 4,
5295 as the case may be.
5296 The Presiding Officer may sustain
5297 the point of order
5298 as to some or all of the provisions
5299 against which the Senator
5300 raised the point of order.
5302 (b)
5303 If the Presiding Officer sustains
5304 the point of order
5305 as to any of the provisions
5306 against which the Senator
5307 raised the point of order,
5308 then those provisions
5309 against which the Presiding Officer
5310 sustains the point of order
5311 shall be stricken.
5312 After all other points of order
5313 under this paragraph
5314 have been disposed of-
5316 the Senate shall proceed to consider
5317 the question of whether the Senate
5318 should recede from its amendment
5319 to the House bill,
5320 or its disagreement
5321 to the amendment of the House,
5322 and concur with a further amendment,
5323 which further amendment
5324 shall consist of only that portion
5325 of the conference report
5326 that has not been stricken;
5328 the question in clause (1)
5329 shall be decided
5330 under the same debate limitation
5331 as the conference report;
5332 and
5334 no further amendment shall be in order.
53366.
5337 (a)
5338 Any Senator may move to waive
5339 any or all points of order
5340 under paragraph 3 or paragraph 4
5341 with respect to the pending conference report
5342 by an affirmative vote of three-fifths
5343 of the Members, duly chosen and sworn.
5344 All motions to waive under this paragraph
5345 shall be debatable collectively
5346 for not to exceed 1 hour
5347 equally divided
5348 between the Majority Leader
5349 and the Minority Leader
5350 or their designees.
5351 A motion to waive all points of order
5352 under this paragraph
5353 shall not be amendable.
5355 (b)
5356 All appeals from rulings of the Chair
5357 under paragraph 5
5358 shall be debatable collectively
5359 for not to exceed 1 hour,
5360 equally divided
5361 between the Majority
5362 and the Minority Leader
5363 or their designees.
5364 An affirmative vote of three-fifths
5365 of the Members of the Senate,
5366 duly chosen and sworn,
5367 shall be required in the Senate
5368 to sustain an appeal
5369 of the ruling of the Chair
5370 under paragraph 5.
53727.
5373 Each report made
5374 by a committee of conference
5375 to the Senate
5376 shall be printed as a report of the Senate.
5377 As so printed,
5378 such report shall be accompanied
5379 by an explanatory statement
5380 prepared jointly
5381 by the conferees
5382 on the part of the House
5383 and the conferees
5384 on the part of the Senate.
5385 Such statement
5386 shall be sufficiently detailed and explicit
5387 to inform the Senate
5388 as to the effect
5389 which the amendments or propositions
5390 contained in such report
5391 will have upon the measure
5392 to which those amendments
5393 or propositions relate.
53958.
5396 If time for debate
5397 in the consideration of any report
5398 of a committee of conference
5399 upon the floor of the Senate
5400 is limited,
5401 the time allotted for debate
5402 shall be equally divided
5403 between the majority party
5404 and the minority party.
54069.
5407 Each conference committee
5408 between the Senate
5409 and the House of Representatives
5410 shall be open to the public
5411 except when managers
5412 of either the Senate
5413 or the House of Representatives
5414 in open session
5415 determine by a rollcall vote
5416 of a majority of those managers present,
5417 that all or part of the remainder
5418 of the meeting on the day of the vote
5419 shall be closed to the public.
542110.
5422 (a)
5423 (1)
5424 It shall not be in order
5425 to vote on the adoption of a report
5426 of a committee of conference
5427 unless such report has been available
5428 to Members and to the general public
5429 for at least 48 hours
5430 before such vote.
5431 If a point of order is sustained
5432 under this paragraph,
5433 then the conference report
5434 shall be set aside.
5436 (2)
5437 For purposes of this paragraph,
5438 a report of a committee of conference
5439 is made available to the general public
5440 as of the time it is posted
5441 on a publicly accessible website
5442 controlled by a Member,
5443 committee,
5444 Library of Congress,
5445 or other office of Congress,
5446 or the Government Printing Office,
5447 as reported to the Presiding Officer
5448 by the Secretary of the Senate.
5450 (b)
5451 (1)
5452 This paragraph may be waived
5453 in the Senate
5454 with respect to the pending conference report
5455 by an affirmative vote of three-fifths
5456 of the Members, duly chosen and sworn.
5457 A motion to waive this paragraph
5458 shall be debatable
5459 for not to exceed 1 hour
5460 equally divided
5461 between the Majority Leader
5462 and the Minority Leader
5463 or their designees.
5465 (2)
5466 An affirmative vote of three-fifths
5467 of the Members, duly chosen and sworn,
5468 shall be required to sustain an appeal
5469 of the ruling of the Chair
5470 on a point of order
5471 raised under this paragraph.
5472 An appeal of the ruling of the Chair
5473 shall be debatable
5474 for not to exceed 1 hour
5475 equally divided
5476 between the Majority
5477 and the Minority Leader
5478 or their designees.
5480 (c)
5481 This paragraph may be waived
5482 by joint agreement
5483 of the Majority Leader
5484 and the Minority Leader of the Senate,
5485 upon their certification
5486 that such waiver is necessary
5487 as a result of a significant disruption
5488 to Senate facilities
5489 or to the availability of the Internet.
5491Rule.. XXIX
5492EXECUTIVE SESSIONS
54941.
5495 When the President of the United States
5496 shall meet the Senate
5497 in the Senate Chamber
5498 for the consideration
5499 of Executive business,
5500 he shall have a seat
5501 on the right of the Presiding Officer.
5502 When the Senate shall be convened
5503 by the President of the United States
5504 to any other place,
5505 the Presiding Officer of the Senate
5506 and the Senators
5507 shall attend at the place appointed,
5508 with the necessary officers
5509 of the Senate.
55112.
5512 When acting
5513 upon confidential or Executive business,
5514 unless the same shall be considered
5515 in open Executive session,
5516 the Senate Chamber shall be cleared
5517 of all persons
5518 except the Secretary,
5519 the Assistant Secretary,
5520 the Principal Legislative Clerk,
5521 the Parliamentarian,
5522 the Executive Clerk,
5523 the Minute and Journal Clerk,
5524 the Sergeant at Arms,
5525 the Secretaries
5526 to the Majority and the Minority,
5527 and such other officers
5528 as the Presiding Officer
5529 shall think necessary;
5530 and all such officers
5531 shall be sworn to secrecy.
55333.
5534 All confidential communications
5535 made by the President
5536 of the United States
5537 to the Senate
5538 shall be by the Senators
5539 and the officers of the Senate
5540 kept secret;
5541 and all treaties
5542 which may be laid before the Senate,
5543 and all remarks, votes,
5544 and proceedings thereon
5545 shall also be kept secret,
5546 until the Senate shall,
5547 by their resolution,
5548 take off the injunction of secrecy.
55504.
5551 Whenever the injunction of secrecy
5552 shall be removed
5553 from any part of the proceedings
5554 of the Senate
5555 in closed Executive
5556 or legislative session,
5557 the order of the Senate
5558 removing the same
5559 shall be entered
5560 in the Legislative Journal
5561 as well as in the Executive Journal,
5562 and shall be published
5563 in the Congressional Record
5564 under the direction
5565 of the Secretary of the Senate.
55675.
5568 Any Senator, officer, or employee
5569 of the Senate
5570 who shall disclose
5571 the secret or confidential business
5572 or proceedings of the Senate,
5573 including the business and proceedings
5574 of the committees,
5575 subcommittees,
5576 and offices of the Senate,
5577 shall be liable,
5578 if a Senator,
5579 to suffer expulsion from the body;
5580 and if an officer or employee,
5581 to dismissal
5582 from the service of the Senate,
5583 and to punishment for contempt.
55856.
5586 Whenever, by the request of the Senate
5587 or any committee thereof,
5588 any documents or papers
5589 shall be communicated to the Senate
5590 by the President
5591 or the head of any department
5592 relating to any matter
5593 pending in the Senate,
5594 the proceedings in regard to which
5595 are secret or confidential
5596 under the rules,
5597 said documents and papers
5598 shall be considered as confidential,
5599 and shall not be disclosed
5600 without leave of the Senate.
5602Rule.. XXX
5603EXECUTIVE SESSION - PROCEEDINGS ON TREATIES
56051.
5606 (a)
5607 When a treaty shall be laid
5608 before the Senate for ratification,
5609 it shall be read a first time;
5610 and no motion in respect to it
5611 shall be in order,
5612 except to refer it to a committee,
5613 to print it in confidence
5614 for the use of the Senate,
5615 or to remove the injunction of secrecy.
5617 (b)
5618 When a treaty is reported from a committee
5619 with or without amendment,
5620 it shall, unless the Senate
5621 unanimously otherwise directs,
5622 lie over one day for consideration;
5623 after which it may be read a second time,
5624 after which amendments may be proposed.
5625 At any stage of such proceedings
5626 the Senate may remove
5627 the injunction of secrecy
5628 from the treaty.
5630 (c)
5631 The decisions thus made
5632 shall be reduced
5633 to the form of a resolution
5634 of ratification,
5635 with or without amendments,
5636 as the case may be,
5637 which shall be proposed
5638 on a subsequent day,
5639 unless, by unanimous consent,
5640 the Senate determine otherwise,
5641 at which stage no amendment
5642 to the treaty shall be received
5643 unless by unanimous consent;
5644 but the resolution of ratification
5645 when pending
5646 shall be open to amendment
5647 in the form of reservations,
5648 declarations,
5649 statements,
5650 or understandings.
5652 (d)
5653 On the final question
5654 to advise and consent to the ratification
5655 in the form agreed to,
5656 the concurrence of two-thirds
5657 of the Senators present
5658 shall be necessary
5659 to determine it in the affirmative;
5660 but all other motions and questions
5661 upon a treaty
5662 shall be decided by a majority vote,
5663 except a motion
5664 to postpone indefinitely,
5665 which shall be decided
5666 by a vote of two-thirds.
56682.
5669 Treaties transmitted by the President
5670 to the Senate for ratification
5671 shall be resumed
5672 at the second or any subsequent session
5673 of the same Congress
5674 at the stage in which they were left
5675 at the final adjournment
5676 of the session
5677 at which they were transmitted;
5678 but all proceedings on treaties
5679 shall terminate with the Congress,
5680 and they shall be resumed
5681 at the commencement
5682 of the next Congress
5683 as if no proceedings
5684 had previously been had thereon.
5686Rule.. XXXI
5687EXECUTIVE SESSION - PROCEEDINGS ON NOMINATIONS
56891.
5690 When nominations shall be made
5691 by the President of the United States
5692 to the Senate,
5693 they shall, unless otherwise ordered,
5694 be referred to appropriate committees;
5695 and the final question
5696 on every nomination shall be,
5697 "Will the Senate advise and consent
5698 to this nomination?"
5699 which question shall not be put
5700 on the same day
5701 on which the nomination is received,
5702 nor on the day
5703 on which it may be reported
5704 by a committee,
5705 unless by unanimous consent.
57072.
5708 All business in the Senate
5709 shall be transacted in open session,
5710 unless the Senate
5711 as provided in rule XXI
5712 by a majority vote
5713 shall determine
5714 that a particular nomination,
5715 treaty,
5716 or other matter
5717 shall be considered
5718 in closed executive session,
5719 in which case all subsequent proceedings
5720 with respect to said nomination,
5721 treaty,
5722 or other matter
5723 shall be kept secret:
5724 Provided,
5725 That the injunction of secrecy
5726 as to the whole or any part
5727 of proceedings
5728 in closed executive session
5729 may be removed on motion adopted
5730 by a majority vote of the Senate
5731 in closed executive session:
5732 Provided further,
5733 That any Senator may make public
5734 his vote in closed executive session.
57363.
5737 When a nomination is confirmed or rejected,
5738 any Senator voting in the majority
5739 may move for a reconsideration
5740 on the same day
5741 on which the vote was taken,
5742 or on either of the next two days
5743 of actual executive session
5744 of the Senate;
5745 but if a notification
5746 of the confirmation or rejection
5747 of a nomination
5748 shall have been sent to the President
5749 before the expiration of the time
5750 within which a motion to reconsider
5751 may be made,
5752 the motion to reconsider
5753 shall be accompanied
5754 by a motion to request the President
5755 to return such notification
5756 to the Senate.
5757 Any motion to reconsider the vote
5758 on a nomination
5759 may be laid on the table
5760 without prejudice to the nomination,
5761 and shall be a final disposition
5762 of such motion.
57644.
5765 Nominations confirmed or rejected
5766 by the Senate
5767 shall not be returned by the Secretary
5768 to the President
5769 until the expiration of the time limited
5770 for making a motion to reconsider
5771 the same,
5772 or while a motion to reconsider is pending
5773 unless otherwise ordered by the Senate.
57755.
5776 When the Senate shall adjourn
5777 or take a recess for more than thirty days,
5778 all motions to reconsider a vote
5779 upon a nomination
5780 which has been confirmed or rejected
5781 by the Senate,
5782 which shall be pending
5783 at the time of taking
5784 such adjournment or recess,
5785 shall fall;
5786 and the Secretary shall return
5787 all such nominations
5788 to the President
5789 as confirmed or rejected
5790 by the Senate,
5791 as the case may be.
57936.
5794 Nominations neither confirmed nor rejected
5795 during the session
5796 at which they are made
5797 shall not be acted upon
5798 at any succeeding session
5799 without being again made
5800 to the Senate by the President;
5801 and if the Senate shall adjourn
5802 or take a recess
5803 for more than thirty days,
5804 all nominations pending
5805 and not finally acted upon
5806 at the time of taking
5807 such adjournment or recess
5808 shall be returned by the Secretary
5809 to the President,
5810 and shall not again be considered
5811 unless they shall again be made
5812 to the Senate by the President.
58147.
5815 (a)
5816 The Official Reporters
5817 shall be furnished with a list
5818 of nominations to office
5819 after the proceedings of the day
5820 on which they are received,
5821 and a like list
5822 of all confirmations and rejections.
5824 (b)
5825 All nominations to office
5826 shall be prepared for the printer
5827 by the Official Reporter,
5828 and printed
5829 in the Congressional Record,
5830 after the proceedings of the day
5831 in which they are received,
5832 also nominations recalled,
5833 and confirmed.
5835 (c)
5836 The Secretary shall furnish to the press,
5837 and to the public upon request,
5838 the names of nominees
5839 confirmed or rejected
5840 on the day
5841 on which a final vote shall be had,
5842 except when otherwise ordered
5843 by the Senate.
5845Rule.. XXXII
5846THE PRESIDENT FURNISHED WITH COPIES
5847 OF RECORDS OF EXECUTIVE SESSIONS
5849 The President of the United States shall,
5850 from time to time,
5851 be furnished
5852 with an authenticated transcript
5853 of the public executive records
5854 of the Senate,
5855 but no further extract
5856 from the Executive Journal
5857 shall be furnished by the Secretary,
5858 except by special order of the Senate;
5859 and no paper,
5860 except original treaties
5861 transmitted to the Senate
5862 by the President of the United States,
5863 and finally acted upon by the Senate,
5864 shall be delivered
5865 from the office of the Secretary
5866 without an order of the Senate
5867 for that purpose.
5869Rule.. XXXIII
5870SENATE CHAMBER - SENATE WING OF THE CAPITOL
58721.
5873 The Senate Chamber shall not be granted
5874 for any other purpose
5875 than for the use of the Senate;
5876 no smoking shall be permitted
5877 at any time
5878 on the floor of the Senate,
5879 or lighted cigars, cigarettes, or pipes
5880 be brought into the Chamber.
58822.
5883 It shall be the duty
5884 of the Committee
5885 on Rules and Administration
5886 to make all rules and regulations
5887 respecting such parts of the Capitol,
5888 its passages and galleries,
5889 including the restaurant
5890 and the Senate Office Buildings,
5891 as are or may be set apart
5892 for the use of the Senate
5893 and its officers,
5894 to be enforced
5895 under the direction
5896 of the Presiding Officer.
5897 The Committee shall make such regulations
5898 respecting the reporters' galleries
5899 of the Senate,
5900 together with the adjoining rooms
5901 and facilities,
5902 as will confine their occupancy and use
5903 to bona fide reporters
5904 of newspapers and periodicals,
5905 and of news or press associations
5906 for daily news dissemination
5907 through radio, television,
5908 wires, and cables,
5909 and similar media of transmission.
5910 These regulations shall so provide
5911 for the use of such space and facilities
5912 as fairly to distribute their use
5913 to all such media
5914 of news dissemination.
5916Rule.. XXXIV
5917PUBLIC FINANCIAL DISCLOSURE
59191.
5920 For purposes of this rule,
5921 the provisions of title I
5922 of the Ethics in Government Act
5923 of 1978
5924 (Pub. L. 95521)
5925 shall be deemed to be a rule
5926 of the Senate
5927 as it pertains to Members, officers,
5928 and employees of the Senate.
59302.
5931 (a)
5932 The Select Committee on Ethics
5933 shall transmit a copy of each report
5934 filed with it
5935 under title I
5936 of the Ethics in Government Act
5937 of 1978
5938 (other than a report filed
5939 by a Member of Congress)
5940 to the head of the employing office
5941 of the individual filing the report.
5943 (b)
5944 For purposes of this rule,
5945 the head of the employing office
5946 shall be
5948 in the case of an employee of a Member,
5949 the Member
5950 by whom that person is employed;
5952 in the case of an employee of a Committee,
5953 the chairman
5954 and ranking minority member
5955 of such Committee;
5957 in the case of an employee
5958 on the leadership staff,
5959 the Member of the leadership
5960 on whose staff such person serves;
5961 and
5963 in the case of any other employee
5964 of the legislative branch,
5965 the head of the office
5966 in which such individual serves.
59683.
5969 In addition to the requirements
5970 of paragraph 1,
5971 Members, officers, and employees
5972 of the Senate
5973 shall include in each report
5974 filed under paragraph 1
5975 the following additional information:
5977 (a)
5978 For purposes of section 102(a)(1)(B)
5979 of the Ethics in Government Act of 1978
5980 additional categories of income as follows:
5982 greater than $1,000,000
5983 but not more than $5,000,000,
5984 or
5986 (2) greater than $5,000,000.
5988 (b)
5989 for purposes of section 102(d)(1)
5990 of the Ethics in Government Act of 1978
5991 additional categories of value as follows:
5993 greater than $1,000,000
5994 but not more than $5,000,000;
5996 greater than $5,000,000
5997 but not more than $25,000,000;
5999 greater than $25,000,000
6000 but not more than $50,000,000;
6001 and
6003 greater than $50,000,000.
6005 (c)
6006 For purposes of this paragraph
6007 and section 102
6008 of the Ethics in Government Act of 1978,
6009 additional categories
6010 with amounts or values
6011 greater than $1,000,000
6012 set forth in section 102(a)(1)(B)
6013 and 102(d)(1)
6014 shall apply to the income, assets,
6015 or liabilities of spouses
6016 and dependent children
6017 only if the income, assets,
6018 or liabilities are held jointly
6019 with the reporting individual.
6020 All other income, assets, or liabilities
6021 of the spouse or dependent children
6022 required to be reported
6023 under section 102
6024 and this paragraph
6025 in an amount or value
6026 greater than $1,000,000
6027 shall be categorized only
6028 as an amount or value
6029 greater than $1,000,000.
60314.
6032 In addition to the requirements
6033 of paragraph 1,
6034 Members, officers, and employees
6035 of the Senate
6036 shall include in each report
6037 filed under paragraph 1
6038 an additional statement
6039 under section 102(a)
6040 of the Ethics in Government Act of 1978
6041 listing the category
6042 of the total cash value
6043 of any interest
6044 of the reporting individual
6045 in a qualified blind trust
6046 as provided in section 102(d)(1)
6047 of the Ethics in Government Act of 1978,
6048 unless the trust instrument was executed
6049 prior to July 24, 1995
6050 and precludes the beneficiary
6051 from receiving information
6052 on the total cash value
6053 of any interest
6054 in the qualified blind trust.
6056Rule.. XXXV
6057GIFTS
60591.
6060 (a)
6061 (1)
6062 No Member, officer, or employee
6063 of the Senate
6064 shall knowingly accept a gift
6065 except as provided
6066 in this rule.
6068 (2)
6069 (A)
6070 A Member, officer, or employee
6071 may accept a gift
6072 (other than cash
6073 or cash equivalent)
6074 which the Member, officer,
6075 or employee
6076 reasonably
6077 and in good faith believes
6078 to have a value
6079 of less than $50,
6080 and a cumulative value
6081 from one source
6082 during a calendar year
6083 of less than $100.
6084 No gift with a value below $10
6085 shall count
6086 toward the $100 annual limit.
6087 No formal record keeping
6088 is required by this paragraph,
6089 but a Member, officer, or employee
6090 shall make a good faith effort
6091 to comply
6092 with this paragraph.
6094 (B)
6095 A Member, officer, or employee
6096 may not knowingly accept a gift
6097 from a registered lobbyist,
6098 an agent of a foreign principal,
6099 or a private entity
6100 that retains or employs
6101 a registered lobbyist
6102 or an agent
6103 of a foreign principal,
6104 except as provided
6105 in subparagraphs (c) and (d).
6107 (b)
6108 (1)
6109 For the purpose of this rule,
6110 the term "gift" means
6111 any gratuity, favor, discount,
6112 entertainment, hospitality, loan,
6113 forbearance,
6114 or other item
6115 having monetary value.
6116 The term includes gifts of services,
6117 training, transportation,
6118 lodging, and meals,
6119 whether provided in kind,
6120 by purchase of a ticket,
6121 payment in advance,
6122 or reimbursement
6123 after the expense
6124 has been incurred.
6126 (2)
6127 (A)
6128 A gift to a family member
6129 of a Member, officer, or employee,
6130 or a gift to any other individual
6131 based on that individual's relationship
6132 with the Member, officer,
6133 or employee,
6134 shall be considered a gift
6135 to the Member, officer, or employee
6136 if it is given
6137 with the knowledge
6138 and acquiescence
6139 of the Member, officer, or employee
6140 and the Member, officer, or employee
6141 has reason to believe
6142 the gift was given
6143 because of the official position
6144 of the Member, officer,
6145 or employee.
6147 (B)
6148 If food or refreshment
6149 is provided
6150 at the same time and place
6151 to both a Member, officer,
6152 or employee
6153 and the spouse or dependent thereof,
6154 only the food or refreshment
6155 provided to the Member, officer,
6156 or employee
6157 shall be treated as a gift
6158 for purposes of this rule.
6160 (c)
6161 The restrictions
6162 in subparagraph (a)
6163 shall not apply
6164 to the following:
6166 (A)
6167 Anything
6168 for which the Member, officer,
6169 or employee
6170 pays the market value,
6171 or does not use
6172 and promptly returns
6173 to the donor.
6175 (B)
6176 The market value of a ticket
6177 to an entertainment
6178 or sporting event
6179 shall be the face value
6180 of the ticket
6181 or, in the case of a ticket
6182 without a face value,
6183 the value of the ticket
6184 with the highest face value
6185 for the event,
6186 except that
6187 if a ticket holder
6188 can establish
6189 in advance of the event
6190 to the Select Committee
6191 on Ethics
6192 that the ticket at issue
6193 is equivalent
6194 to another ticket
6195 with a face value,
6196 then the market value
6197 shall be set
6198 at the face value
6199 of the equivalent ticket.
6200 In establishing equivalency,
6201 the ticket holder shall provide
6202 written
6203 and independently verifiable
6204 information
6205 related to the primary features
6206 of the ticket,
6207 including, at a minimum,
6208 the seat location,
6209 access to parking,
6210 availability of food
6211 and refreshments,
6212 and access to venue areas
6213 not open to the public.
6214 The Select Committee on Ethics
6215 may make a determination
6216 of equivalency
6217 only if such information
6218 is provided
6219 in advance of the event.
6221 (C)
6222 (i)
6223 Fair market value
6224 for a flight on an aircraft
6225 described in item (ii)
6226 shall be the pro rata share
6227 of the fair market value
6228 of the normal and usual
6229 charter fare
6230 or rental charge
6231 for a comparable plane
6232 of comparable size,
6233 as determined
6234 by dividing such cost
6235 by the number of Members,
6236 officers, or employees
6237 of Congress
6238 on the flight.
6240 (ii)
6241 A flight on an aircraft
6242 described in this item
6243 is any flight on an aircraft
6244 that is not-
6245 operated or paid for
6246 by an air carrier
6247 or commercial operator
6248 certificated
6249 by the Federal Aviation
6250 Administration
6251 and required to be conducted
6252 under air carrier
6253 safety rules;
6254 or
6255 in the case of travel
6256 which is abroad,
6257 an air carrier
6258 or commercial operator
6259 certificated
6260 by an appropriate
6261 foreign civil aviation
6262 authority
6263 and the flight is required
6264 to be conducted
6265 under air carrier
6266 safety rules.
6268 (iii)
6269 This subclause shall not apply
6270 to an aircraft owned or leased
6271 by a governmental entity
6272 or by a Member of Congress
6273 or a Member's immediate
6274 family member
6275 (including an aircraft
6276 owned by an entity
6277 that is not
6278 a public corporation
6279 in which the Member
6280 or Member's immediate
6281 family member
6282 has an ownership interest),
6283 provided that the Member
6284 does not use the aircraft
6285 anymore than the Member's
6286 or immediate family member's
6287 proportionate share
6288 of ownership allows.
6290 A contribution,
6291 as defined
6292 in the Federal Election
6293 Campaign Act of 1971
6294 (2 U.S.C. 431 et seq.)
6295 that is lawfully made
6296 under that Act,
6297 or attendance
6298 at a fundraising event
6299 sponsored
6300 by a political organization
6301 described
6302 in section 527(e)
6303 of the Internal Revenue Code
6304 of 1986.
6306 A gift from a relative
6307 as described
6308 in section 109(16)
6309 of title I
6310 of the Ethics Reform
6311 of 1989
6312 (5 U.S.C. App. 6).
6314 (A)
6315 Anything,
6316 including personal hospitality,
6317 provided by an individual
6318 on the basis
6319 of a personal friendship
6320 unless the Member, officer,
6321 or employee
6322 has reason to believe that,
6323 under the circumstances,
6324 the gift was provided
6325 because of the official position
6326 of the Member, officer,
6327 or employee
6328 and not because
6329 of the personal friendship.
6331 (B)
6332 In determining
6333 whether a gift is provided
6334 on the basis
6335 of personal friendship,
6336 the Member, officer, or employee
6337 shall consider the circumstances
6338 under which the gift
6339 was offered, such as:
6340 The history of the relationship
6341 between the individual
6342 giving the gift
6343 and the recipient of the gift,
6344 including any previous exchange
6345 of gifts
6346 between such individuals.
6347 Whether to the actual knowledge
6348 of the Member, officer,
6349 or employee
6350 the individual
6351 who gave the gift
6352 personally paid for the gift
6353 or sought a tax deduction
6354 or business reimbursement
6355 for the gift.
6356 Whether to the actual knowledge
6357 of the Member, officer,
6358 or employee
6359 the individual
6360 who gave the gift
6361 also at the same time
6362 gave the same or similar gifts
6363 to other Members, officers,
6364 or employees.
6366 A contribution or other payment
6367 to a legal expense fund
6368 established for the benefit
6369 of a Member, officer,
6370 or employee,
6371 that is otherwise lawfully made,
6372 subject to the disclosure
6373 requirements
6374 of the Select Committee
6375 on Ethics,
6376 except as provided
6377 in paragraph 3(c).
6379 Any gift
6380 from another Member, officer,
6381 or employee
6382 of the Senate
6383 or the House of Representatives.
6385 Food, refreshments, lodging,
6386 and other benefits
6387 resulting from the outside business
6388 or employment activities
6389 (or other outside activities
6390 that are not connected
6391 to the duties
6392 of the Member, officer,
6393 or employee
6394 as an officeholder)
6395 of the Member, officer,
6396 or employee,
6397 or the spouse
6398 of the Member, officer,
6399 or employee,
6400 if such benefits
6401 have not been offered
6402 or enhanced
6403 because of the official position
6404 of the Member, officer,
6405 or employee
6406 and are customarily provided
6407 to others
6408 in similar circumstances;
6409 customarily provided
6410 by a prospective employer
6411 in connection
6412 with bona fide
6413 employment discussions;
6414 or
6415 provided
6416 by a political organization
6417 described
6418 in section 527(e)
6419 of the Internal Revenue Code
6420 of 1986
6421 in connection
6422 with a fundraising
6423 or campaign event
6424 sponsored
6425 by such an organization.
6427 Pension and other benefits
6428 resulting
6429 from continued participation
6430 in an employee welfare
6431 and benefits plan
6432 maintained
6433 by a former employer.
6435 Informational materials
6436 that are sent to the office
6437 of the Member, officer,
6438 or employee
6439 in the form of books, articles,
6440 periodicals,
6441 other written materials,
6442 audiotapes, videotapes,
6443 or other forms
6444 of communication.
6446 Awards or prizes
6447 which are given to competitors
6448 in contests or events
6449 open to the public,
6450 including random drawings.
6452 Honorary degrees
6453 (and associated travel, food,
6454 refreshments,
6455 and entertainment)
6456 and other bona fide,
6457 nonmonetary awards
6458 presented in recognition
6459 of public service
6460 (and associated food,
6461 refreshments,
6462 and entertainment
6463 provided
6464 in the presentation
6465 of such degrees and awards).
6467 Donations of products
6468 from the State
6469 that the Member represents
6470 that are intended primarily
6471 for promotional purposes,
6472 such as display
6473 or free distribution,
6474 and are of minimal value
6475 to any individual recipient.
6477 Training
6478 (including food and refreshments
6479 furnished to all attendees
6480 as an integral part
6481 of the training)
6482 provided to a Member, officer,
6483 or employee,
6484 if such training
6485 is in the interest
6486 of the Senate.
6488 Bequests, inheritances,
6489 and other transfers at death.
6491 Any item,
6492 the receipt of which
6493 is authorized
6494 by the Foreign Gifts
6495 and Decorations Act,
6496 the Mutual Educational
6497 and Cultural Exchange Act,
6498 or any other statute.
6500 Anything
6501 which is paid for
6502 by the Federal Government,
6503 by a State or local government,
6504 or secured by the Government
6505 under a Government contract.
6507 A gift of personal hospitality
6508 (as defined
6509 in section 109(14)
6510 of the Ethics
6511 in Government Act)
6512 of an individual
6513 other than a registered lobbyist
6514 or agent
6515 of a foreign principal.
6517 Free attendance
6518 at a widely attended event
6519 permitted
6520 pursuant to subparagraph (d).
6522 Opportunities and benefits
6523 which are
6524 available to the public
6525 or to a class consisting
6526 of all Federal employees,
6527 whether or not restricted
6528 on the basis
6529 of geographic consideration;
6530 offered to members
6531 of a group or class
6532 in which membership
6533 is unrelated
6534 to congressional employment;
6535 offered to members
6536 of an organization,
6537 such as an employees'
6538 association
6539 or congressional credit union,
6540 in which membership
6541 is related
6542 to congressional employment
6543 and similar opportunities
6544 are available
6545 to large segments
6546 of the public
6547 through organizations
6548 of similar size;
6549 offered to any group or class
6550 that is not defined
6551 in a manner
6552 that specifically
6553 discriminates
6554 among Government employees
6555 on the basis
6556 of branch of Government
6557 or type of responsibility,
6558 or on a basis
6559 that favors those
6560 of higher rank
6561 or rate of pay;
6562 in the form of loans
6563 from banks
6564 and other financial institutions
6565 on terms generally available
6566 to the public;
6567 or
6568 in the form of reduced membership
6569 or other fees
6570 for participation
6571 in organization activities
6572 offered to all
6573 Government employees
6574 by professional organizations
6575 if the only restrictions
6576 on membership
6577 relate to professional
6578 qualifications.
6580 A plaque, trophy, or other item
6581 that is substantially commemorative
6582 in nature
6583 and which is intended solely
6584 for presentation.
6586 Anything for which,
6587 in an unusual case,
6588 a waiver is granted
6589 by the Select Committee
6590 on Ethics.
6592 Food or refreshments
6593 of a nominal value
6594 offered other than
6595 as a part of a meal.
6597 An item of little intrinsic value
6598 such as a greeting card,
6599 baseball cap,
6600 or a T-shirt.
6602 Subject to the restrictions
6603 in subparagraph (a)(2)(A),
6604 free attendance
6605 at a constituent event
6606 permitted
6607 pursuant to subparagraph (g).
6609 (d)
6610 (1)
6611 A Member, officer, or employee
6612 may accept an offer
6613 of free attendance
6614 at a widely attended convention,
6615 conference, symposium, forum,
6616 panel discussion, dinner, viewing,
6617 reception, or similar event,
6618 provided by the sponsor
6619 of the event,
6620 if
6621 the Member, officer, or employee
6622 participates in the event
6623 as a speaker
6624 or a panel participant,
6625 by presenting information
6626 related to Congress
6627 or matters before Congress,
6628 or by performing
6629 a ceremonial function
6630 appropriate
6631 to the Member's, officer's,
6632 or employee's
6633 official position;
6634 or
6635 attendance at the event
6636 is appropriate
6637 to the performance
6638 of the official duties
6639 or representative function
6640 of the Member, officer,
6641 or employee.
6643 (2)
6644 A Member, officer, or employee
6645 who attends an event
6646 described in clause (1)
6647 may accept a sponsor's
6648 unsolicited offer
6649 of free attendance
6650 at the event
6651 for an accompanying individual
6652 if others in attendance
6653 will generally
6654 be similarly accompanied
6655 or if such attendance
6656 is appropriate
6657 to assist
6658 in the representation
6659 of the Senate.
6661 (3)
6662 A Member, officer, or employee,
6663 or the spouse or dependent thereof,
6664 may accept a sponsor's
6665 unsolicited offer
6666 of free attendance
6667 at a charity event,
6668 except that reimbursement
6669 for transportation and lodging
6670 may not be accepted
6671 in connection with an event
6672 that does not meet
6673 the standards
6674 provided in paragraph 2.
6676 (4)
6677 For purposes of this paragraph,
6678 the term `free attendance'
6679 may include waiver
6680 of all or part
6681 of a conference or other fee,
6682 the provision
6683 of local transportation,
6684 or the provision of food,
6685 refreshments, entertainment,
6686 and instructional materials
6687 furnished to all attendees
6688 as an integral part
6689 of the event.
6690 The term does not include
6691 entertainment collateral
6692 to the event,
6693 nor does it include
6694 food or refreshments taken
6695 other than in a group setting
6696 with all or substantially all
6697 other attendees.
6699 (5)
6700 During the dates
6701 of the national party convention
6702 for the political party
6703 to which a Member belongs,
6704 a Member may not participate
6705 in an event honoring that Member,
6706 other than
6707 in his or her capacity
6708 as the party's presidential
6709 or vice presidential nominee
6710 or presumptive nominee,
6711 if such event
6712 is directly paid for
6713 by a registered lobbyist
6714 or a private entity
6715 that retains or employs
6716 a registered lobbyist.
6718 (e)
6719 No Member, officer, or employee
6720 may accept a gift
6721 the value of which
6722 exceeds $250
6723 on the basis
6724 of the personal friendship
6725 exception
6726 in subparagraph (c)(4)
6727 unless the Select Committee
6728 on Ethics
6729 issues a written determination
6730 that such exception applies.
6731 No determination
6732 under this subparagraph
6733 is required for gifts given
6734 on the basis
6735 of the family relationship
6736 exception.
6738 (f)
6739 When it is not practicable
6740 to return a tangible item
6741 because it is perishable,
6742 the item may,
6743 at the discretion
6744 of the recipient,
6745 be given to an appropriate charity
6746 or destroyed.
6748 (g)
6749 (1)
6750 A Member, officer, or employee
6751 may accept an offer
6752 of free attendance
6753 in the Member's home State
6754 at a conference, symposium, forum,
6755 panel discussion, dinner event,
6756 site visit, viewing, reception,
6757 or similar event,
6758 provided by a sponsor
6759 of the event,
6760 if--
6761 the cost of meals provided
6762 the Member, officer, or employee
6763 is less than $50;
6764 (i) the event is sponsored
6765 by constituents of,
6766 or a group that consists
6767 primarily of constituents of,
6768 the Member
6769 (or the Member
6770 by whom the officer
6771 or employee is employed);
6772 and
6773 (ii) the event will be attended
6774 primarily by a group
6775 of at least 5 constituents
6776 of the Member
6777 (or the Member
6778 by whom the officer
6779 or employee is employed)
6780 provided that
6781 a registered lobbyist
6782 shall not attend the event;
6783 and
6784 (i) the Member, officer,
6785 or employee
6786 participates in the event
6787 as a speaker
6788 or a panel participant,
6789 by presenting information
6790 related to Congress
6791 or matters before Congress,
6792 or by performing
6793 a ceremonial function
6794 appropriate
6795 to the Member's, officer's,
6796 or employee's
6797 official position;
6798 or
6799 (ii) attendance at the event
6800 is appropriate
6801 to the performance
6802 of the official duties
6803 or representative function
6804 of the Member, officer,
6805 or employee.
6807 (2)
6808 A Member, officer, or employee
6809 who attends an event
6810 described in clause (1)
6811 may accept a sponsor's
6812 unsolicited offer
6813 of free attendance
6814 at the event
6815 for an accompanying individual
6816 if others in attendance
6817 will generally
6818 be similarly accompanied
6819 or if such attendance
6820 is appropriate
6821 to assist
6822 in the representation
6823 of the Senate.
6825 (3)
6826 For purposes of this subparagraph,
6827 the term 'free attendance'
6828 has the same meaning
6829 given such term
6830 in subparagraph (d).
68322.
6833 (a)
6834 (1)
6835 A reimbursement
6836 (including payment in kind)
6837 to a Member, officer, or employee
6838 from an individual
6839 other than a registered lobbyist
6840 or agent of a foreign principal
6841 or a private entity
6842 that retains or employs
6843 1 or more
6844 registered lobbyists
6845 or agents
6846 of a foreign principal
6847 for necessary transportation,
6848 lodging and related expenses
6849 for travel to a meeting,
6850 speaking engagement,
6851 factfinding trip
6852 or similar event
6853 in connection with the duties
6854 of the Member, officer,
6855 or employee
6856 as an officeholder
6857 shall be deemed
6858 to be a reimbursement
6859 to the Senate
6860 and not a gift
6861 prohibited by this rule,
6862 if the Member, officer, or employee
6863 complies with the requirements
6864 of this paragraph.
6866 (2)
6867 (A)
6868 Notwithstanding clause (1),
6869 a reimbursement
6870 (including payment in kind)
6871 to a Member, officer,
6872 or employee of the Senate
6873 from an individual,
6874 other than a registered lobbyist
6875 or agent of a foreign principal,
6876 that is a private entity
6877 that retains or employs
6878 1 or more
6879 registered lobbyists
6880 or agents
6881 of a foreign principal
6882 shall be deemed
6883 to be a reimbursement
6884 to the Senate
6885 under clause (1)
6886 if-
6887 the reimbursement is
6888 for necessary transportation,
6889 lodging, and related expenses
6890 for travel to a meeting,
6891 speaking engagement,
6892 factfinding trip,
6893 or similar event
6894 described in clause (1)
6895 in connection with the duties
6896 of the Member, officer,
6897 or employee
6898 and the reimbursement
6899 is provided only
6900 for attendance at
6901 or participation
6902 for 1 day
6903 (exclusive of travel time
6904 and an overnight stay)
6905 at an event
6906 described in clause (1);
6907 or
6908 the reimbursement is
6909 for necessary transportation,
6910 lodging, and related expenses
6911 for travel to a meeting,
6912 speaking engagement,
6913 factfinding trip,
6914 or similar event
6915 described in clause (1)
6916 in connection with the duties
6917 of the Member, officer,
6918 or employee
6919 and the reimbursement
6920 is from an organization
6921 designated
6922 under section 501(c)(3)
6923 of the Internal Revenue Code
6924 of 1986.
6926 (B)
6927 When deciding whether to preapprove
6928 a trip under this clause,
6929 the Select Committee on Ethics
6930 shall make a determination
6931 consistent with regulations
6932 issued pursuant
6933 to section 544(b)
6934 of the Honest Leadership
6935 and Open Government Act
6936 of 2007.
6937 The committee
6938 through regulations
6939 to implement subclause (A)(i)
6940 may permit a longer stay
6941 when determined
6942 by the committee
6943 to be practically required
6944 to participate in the event,
6945 but in no event
6946 may the stay exceed 2 nights.
6948 (3)
6949 For purposes of clauses (1) and (2),
6950 events,
6951 the activities of which
6952 are substantially recreational
6953 in nature,
6954 shall not be considered
6955 to be in connection
6956 with duties
6957 of a Member, officer,
6958 or employee
6959 as an officeholder.
6961 (b)
6962 Before an employee
6963 may accept reimbursement
6964 pursuant to subparagraph (a),
6965 the employee shall receive
6966 advance written authorization
6967 from the Member or officer
6968 under whose direct supervision
6969 the employee works.
6970 Each advance authorization
6971 to accept reimbursement
6972 shall be signed
6973 by the Member or officer
6974 under whose direct supervision
6975 the employee works
6976 and shall include--
6977 the name of the employee;
6978 the name of the person
6979 who will make
6980 the reimbursement;
6981 the time, place, and purpose
6982 of the travel;
6983 and
6984 a determination
6985 that the travel
6986 is in connection
6987 with the duties
6988 of the employee
6989 as an officeholder
6990 and would not create
6991 the appearance
6992 that the employee
6993 is using public office
6994 for private gain.
6996 (c)
6997 Each Member, officer, or employee
6998 that receives reimbursement
6999 under this paragraph
7000 shall disclose
7001 the expenses reimbursed
7002 or to be reimbursed,
7003 the authorization
7004 under subparagraph (b)
7005 (for an employee),
7006 and a copy
7007 of the certification
7008 in subparagraph (e)(1)
7009 to the Secretary of the Senate
7010 not later than 30 days
7011 after the travel is completed.
7012 Each disclosure made
7013 under this subparagraph
7014 of expenses reimbursed
7015 or to be reimbursed
7016 shall be signed
7017 by the Member or officer
7018 (in the case of travel
7019 by that Member or officer)
7020 or by the Member or officer
7021 under whose direct supervision
7022 the employee works
7023 (in the case of travel
7024 by an employee)
7025 and shall include--
7026 a good faith estimate
7027 of total transportation expenses
7028 reimbursed or to be reimbursed;
7029 a good faith estimate
7030 of total lodging expenses
7031 reimbursed or to be reimbursed;
7032 a good faith estimate
7033 of total meal expenses
7034 reimbursed or to be reimbursed;
7035 a good faith estimate
7036 of the total of other expenses
7037 reimbursed or to be reimbursed;
7038 a determination
7039 that all such expenses
7040 are necessary transportation,
7041 lodging, and related expenses
7042 as defined in this paragraph;
7043 a description of meetings
7044 and events attended;
7045 and
7046 in the case of a reimbursement
7047 to a Member or officer,
7048 a determination
7049 that the travel
7050 was in connection
7051 with the duties
7052 of the Member or officer
7053 as an officeholder
7054 and would not create
7055 the appearance
7056 that the Member or officer
7057 is using public office
7058 for private gain.
7060 (d)
7061 (1)
7062 A Member, officer, or employee
7063 of the Senate
7064 may not accept a reimbursement
7065 (including payment in kind)
7066 for transportation, lodging,
7067 or related expenses
7068 under subparagraph (a)
7069 for a trip that was-
7070 planned, organized, or arranged
7071 by or at the request
7072 of a registered lobbyist
7073 or agent
7074 of a foreign principal;
7075 or
7076 (i) for trips described
7077 under subparagraph
7078 (a)(2)(A)(i)
7079 on which a registered lobbyist
7080 accompanies
7081 the Member, officer,
7082 or employee
7083 on any segment
7084 of the trip;
7085 or
7086 (ii) for all other trips
7087 allowed under this paragraph,
7088 on which a registered lobbyist
7089 accompanies
7090 the Member, officer,
7091 or employee
7092 at any point
7093 throughout the trip.
7095 (2)
7096 The Select Committee on Ethics
7097 shall issue regulations
7098 identifying de minimis activities
7099 by registered lobbyists
7100 or foreign agents
7101 that would not violate
7102 this subparagraph.
7104 (e)
7105 A Member, officer, or employee
7106 shall, before accepting travel
7107 otherwise permissible
7108 under this paragraph
7109 from any source-
7110 provide to the Select Committee
7111 on Ethics
7112 a written certification
7113 from such source that-
7114 the trip will not be financed
7115 in any part
7116 by a registered lobbyist
7117 or agent
7118 of a foreign principal;
7119 the source either-
7120 does not retain or employ
7121 registered lobbyists
7122 or agents
7123 of a foreign principal
7124 and is not itself
7125 a registered lobbyist
7126 or agent
7127 of a foreign principal;
7128 or
7129 certifies that the trip
7130 meets the requirements
7131 of subclause (i) or (ii)
7132 of subparagraph (a)(2)(A);
7133 the source will not accept
7134 from a registered lobbyist
7135 or agent
7136 of a foreign principal
7137 or a private entity
7138 that retains or employs
7139 1 or more
7140 registered lobbyists
7141 or agents
7142 of a foreign principal,
7143 funds earmarked
7144 directly or indirectly
7145 for the purpose
7146 of financing
7147 the specific trip;
7148 and
7149 the trip will not in any part
7150 be planned, organized,
7151 requested, or arranged
7152 by a registered lobbyist
7153 or agent
7154 of a foreign principal
7155 and the traveler
7156 will not be accompanied
7157 on the trip
7158 consistent
7159 with the applicable
7160 requirements
7161 of subparagraph (d)(1)(B)
7162 by a registered lobbyist
7163 or agent
7164 of a foreign principal,
7165 except as permitted
7166 by regulations issued
7167 under subparagraph (d)(2);
7168 and
7169 after the Select Committee
7170 on Ethics
7171 has promulgated regulations
7172 pursuant to section 544(b)
7173 of the Honest Leadership
7174 and Open Government Act
7175 of 2007,
7176 obtain the prior approval
7177 of the committee
7178 for such reimbursement.
7180 (f)
7181 For the purposes of this paragraph,
7182 the term
7183 `necessary transportation,
7184 lodging, and related expenses'
7185 includes reasonable expenses
7186 that are necessary for travel
7187 for a period
7188 not exceeding 3 days
7189 exclusive of travel time
7190 within the United States
7191 or 7 days
7192 exclusive of travel time
7193 outside of the United States
7194 unless approved in advance
7195 by the Select Committee
7196 on Ethics;
7197 is limited
7198 to reasonable expenditures
7199 for transportation, lodging,
7200 conference fees and materials,
7201 and food and refreshments,
7202 including reimbursement
7203 for necessary transportation,
7204 whether or not
7205 such transportation occurs
7206 within the periods
7207 described in clause (1);
7208 does not include expenditures
7209 for recreational activities,
7210 nor does it include entertainment
7211 other than that provided
7212 to all attendees
7213 as an integral part
7214 of the event,
7215 except for activities
7216 or entertainment
7217 otherwise permissible
7218 under this rule;
7219 and
7220 may include travel expenses
7221 incurred on behalf
7222 of either the spouse
7223 or a child
7224 of the Member, officer,
7225 or employee,
7226 subject to a determination
7227 signed by the Member
7228 or officer
7229 (or in the case
7230 of an employee,
7231 the Member or officer
7232 under whose direct
7233 supervision
7234 the employee works)
7235 that the attendance
7236 of the spouse or child
7237 is appropriate
7238 to assist
7239 in the representation
7240 of the Senate.
7242 (g)
7243 The Secretary of the Senate
7244 shall make all advance
7245 authorizations, certifications,
7246 and disclosures
7247 filed pursuant
7248 to this paragraph
7249 available
7250 for public inspection
7251 as soon as possible
7252 after they are received,
7253 but in no event
7254 prior to the completion
7255 of the relevant travel.
72573.
7258 A gift prohibited
7259 by paragraph 1(a)
7260 includes the following:
7261 Anything provided
7262 by a registered lobbyist
7263 or an agent
7264 of a foreign principal
7265 to an entity
7266 that is maintained
7267 or controlled
7268 by a Member, officer,
7269 or employee.
7270 A charitable contribution
7271 (as defined in section 170(c)
7272 of the Internal Revenue Code
7273 of 1986)
7274 made by a registered lobbyist
7275 or an agent
7276 of a foreign principal
7277 on the basis
7278 of a designation,
7279 recommendation,
7280 or other specification
7281 of a Member, officer,
7282 or employee
7283 (not including a mass mailing
7284 or other solicitation
7285 directed
7286 to a broad category
7287 of persons or entities),
7288 other than
7289 a charitable contribution
7290 permitted by paragraph 4.
7291 A contribution or other payment
7292 by a registered lobbyist
7293 or an agent
7294 of a foreign principal
7295 to a legal expense fund
7296 established for the benefit
7297 of a Member, officer,
7298 or employee.
7299 A financial contribution
7300 or expenditure
7301 made by a registered lobbyist
7302 or an agent
7303 of a foreign principal
7304 relating to a conference,
7305 retreat, or similar event,
7306 sponsored by
7307 or affiliated with
7308 an official congressional
7309 organization,
7310 for or on behalf
7311 of Members, officers,
7312 or employees.
73144.
7315 (a)
7316 A charitable contribution
7317 (as defined in section 170(c)
7318 of the Internal Revenue Code
7319 of 1986)
7320 made by a registered lobbyist
7321 or an agent
7322 of a foreign principal
7323 in lieu of an honorarium
7324 to a Member, officer,
7325 or employee
7326 shall not be considered a gift
7327 under this rule
7328 if it is reported
7329 as provided
7330 in subparagraph (b).
7332 (b)
7333 A Member, officer, or employee
7334 who designates or recommends
7335 a contribution
7336 to a charitable organization
7337 in lieu of honoraria
7338 described in subparagraph (a)
7339 shall report
7340 within 30 days
7341 after such designation
7342 or recommendation
7343 to the Secretary of the Senate
7344 the name and address
7345 of the registered lobbyist
7346 who is making the contribution
7347 in lieu of honoraria;
7348 the date and amount
7349 of the contribution;
7350 and
7351 the name and address
7352 of the charitable organization
7353 designated or recommended
7354 by the Member.
7355 The Secretary of the Senate
7356 shall make public information
7357 received pursuant
7358 to this subparagraph
7359 as soon as possible
7360 after it is received.
73625.
7363 For purposes of this rule
7364 the term `registered lobbyist'
7365 means a lobbyist registered
7366 under the Federal Regulation
7367 of Lobbying Act
7368 or any successor statute;
7369 and
7370 the term
7371 `agent of a foreign principal'
7372 means an agent
7373 of a foreign principal
7374 registered
7375 under the Foreign Agents
7376 Registration Act
73786.
7379 All the provisions of this rule
7380 shall be interpreted and enforced
7381 solely
7382 by the Select Committee
7383 on Ethics.
7384 The Select Committee on Ethics
7385 is authorized to issue guidance
7386 on any matter
7387 contained in this rule.
7389Rule.. XXXVI
7390OUTSIDE EARNED INCOME
7392 For purposes of this rule,
7393 the provisions of section 501
7394 of the Ethics in Government Act
7395 of 1978
7396 (5 U.S.C. App. 7 501)
7397 shall be deemed to be a rule
7398 of the Senate
7399 as it pertains to Members, officers,
7400 and employees of the Senate.
7402Rule.. XXXVII
7403CONFLICT OF INTEREST
74051.
7406 A Member, officer, or employee
7407 of the Senate
7408 shall not receive any compensation,
7409 nor shall he permit any compensation
7410 to accrue to his beneficial interest
7411 from any source,
7412 the receipt or accrual of which
7413 would occur by virtue of influence
7414 improperly exerted
7415 from his position
7416 as a Member, Officer, or employee.
74182.
7419 No Member, officer, or employee
7420 shall engage
7421 in any outside business
7422 or professional activity
7423 or employment for compensation
7424 which is inconsistent
7425 or in conflict
7426 with the conscientious performance
7427 of official duties.
74293.
7430 No officer or employee
7431 shall engage
7432 in any outside business
7433 or professional activity
7434 or employment for compensation
7435 unless he has reported in writing
7436 when such activity or employment
7437 commences
7438 and on May 15 of each year thereafter
7439 so long as such activity
7440 or employment continues,
7441 the nature of such activity
7442 or employment
7443 to his supervisor.
7444 The supervisor shall then,
7445 in the discharge of his duties,
7446 take such action
7447 as he considers necessary
7448 for the avoidance
7449 of conflict of interest
7450 or interference with duties
7451 to the Senate.
74534.
7454 No Member, officer, or employee
7455 shall knowingly use
7456 his official position
7457 to introduce or aid the progress
7458 or passage of legislation,
7459 a principal purpose of which
7460 is to further only his pecuniary
7461 interest,
7462 only the pecuniary interest
7463 of his immediate family,
7464 or only the pecuniary interest
7465 of a limited class of persons
7466 or enterprises,
7467 when he, or his immediate family,
7468 or enterprises controlled by them,
7469 are members of the affected class.
74715.
7472 (a)
7473 No Member, officer, or employee
7474 of the Senate
7475 compensated at a rate in excess
7476 of $25,000 per annum
7477 and employed for more than ninety days
7478 in a calendar year
7479 shall
7480 (1)
7481 affiliate with a firm, partnership,
7482 association, or corporation
7483 for the purpose
7484 of providing professional services
7485 for compensation;
7486 (2)
7487 permit that individual's name
7488 to be used
7489 by such a firm, partnership,
7490 association or corporation;
7491 or
7492 (3)
7493 practice a profession for compensation
7494 to any extent
7495 during regular office hours
7496 of the Senate office
7497 in which employed.
7498 For the purposes of this paragraph,
7499 "professional services"
7500 shall include but not be limited to
7501 those which involve
7502 a fiduciary relationship.
7503 (b)
7504 A Member or an officer or employee
7505 whose rate of basic pay
7506 is equal to or greater than 120 percent
7507 of the annual rate of basic pay
7508 in effect for grade GS-15
7509 of the General Schedule
7510 shall not-
7511 receive compensation
7512 for affiliating with
7513 or being employed by
7514 a firm, partnership, association,
7515 corporation, or other entity
7516 which provides professional services
7517 involving a fiduciary relationship;
7518 permit that Member's, officer's,
7519 or employee's name
7520 to be used by any such firm,
7521 partnership, association,
7522 corporation, or other entity;
7523 receive compensation
7524 for practicing a profession
7525 which involves
7526 a fiduciary relationship;
7527 or
7528 receive compensation for teaching,
7529 without the prior notification
7530 and approval
7531 of the Select Committee on Ethics.
75336.
7534 (a)
7535 No Member, officer, or employee
7536 of the Senate
7537 compensated at a rate in excess
7538 of $25,000 per annum
7539 and employed for more than ninety days
7540 in a calendar year
7541 shall serve as an officer
7542 or member of the board
7543 of any publicly held
7544 or publicly regulated corporation,
7545 financial institution,
7546 or business entity.
7547 The preceding sentence shall not apply
7548 to service of a Member, officer,
7549 or employee as--
7550 an officer or member of the board
7551 of an organization
7552 which is exempt from taxation
7553 under section 501(c)
7554 of the Internal Revenue Code
7555 of 1954,
7556 if such service is performed
7557 without compensation;
7558 an officer or member of the board
7559 of an institution or organization
7560 which is principally available
7561 to Members, officers,
7562 or employees of the Senate,
7563 or their families,
7564 if such service is performed
7565 without compensation;
7566 or
7567 a member of the board
7568 of a corporation, institution,
7569 or other business entity, if
7570 (A)
7571 the Member, officer, or employee
7572 had served continuously
7573 as a member of the board thereof
7574 for at least two years
7575 prior to his election
7576 or appointment
7577 as a Member, officer,
7578 or employee of the Senate,
7579 (B)
7580 the amount of time required
7581 to perform such service
7582 is minimal,
7583 and
7584 (C)
7585 the Member, officer, or employee
7586 is not a member of,
7587 or a member of the staff of
7588 any Senate committee
7589 which has legislative jurisdiction
7590 over any agency
7591 of the Government
7592 charged with regulating
7593 the activities
7594 of the corporation,
7595 institution,
7596 or other business entity.
7597 (b)
7598 A Member or an officer or employee
7599 whose rate of basic pay
7600 is equal to or greater than 120 percent
7601 of the annual rate of basic pay
7602 in effect for grade GS-15
7603 of the General Schedule
7604 shall not serve for compensation
7605 as an officer
7606 or member of the board
7607 of any association, corporation,
7608 or other entity.
76107.
7611 An employee on the staff of a committee
7612 who is compensated at a rate in excess
7613 of $25,000 per annum
7614 and employed for more than ninety days
7615 in a calendar year
7616 shall divest himself
7617 of any substantial holdings
7618 which may be directly affected
7619 by the actions of the committee
7620 for which he works,
7621 unless the Select Committee,
7622 after consultation
7623 with the employee's supervisor,
7624 grants permission in writing
7625 to retain such holdings
7626 or the employee
7627 makes other arrangements
7628 acceptable to the Select Committee
7629 and the employee's supervisor
7630 to avoid participation
7631 in committee actions
7632 where there is a conflict of interest,
7633 or the appearance thereof.
76358.
7636 If a Member, upon leaving office,
7637 becomes a registered lobbyist
7638 under the Federal Regulation
7639 of Lobbying Act of 1946
7640 or any successor statute,
7641 or is employed or retained
7642 by such a registered lobbyist
7643 or an entity
7644 that employs or retains
7645 a registered lobbyist
7646 for the purpose
7647 of influencing legislation,
7648 he shall not lobby Members, officers,
7649 or employees of the Senate
7650 for a period of two years
7651 after leaving office.
76539.
7654 (a)
7655 If an employee on the staff of a Member,
7656 upon leaving that position,
7657 becomes a registered lobbyist
7658 under the Federal Regulation
7659 of Lobbying Act of 1946
7660 or any successor statute,
7661 or is employed or retained
7662 by such a registered lobbyist
7663 or an entity
7664 that employs or retains
7665 a registered lobbyist
7666 for the purpose
7667 of influencing legislation,
7668 such employee may not lobby
7669 the Member for whom he worked
7670 or that Member's staff
7671 for a period of one year
7672 after leaving that position.
7673 (b)
7674 If an employee
7675 on the staff of a committee,
7676 upon leaving his position,
7677 becomes such a registered lobbyist
7678 or is employed or retained
7679 by such a registered lobbyist
7680 or an entity
7681 that employs or retains
7682 a registered lobbyist
7683 for the purpose
7684 of influencing legislation,
7685 such employee may not lobby
7686 the members of the committee
7687 for which he worked,
7688 or the staff of that committee,
7689 for a period of one year
7690 after leaving his position.
7691 (c)
7692 If an officer of the Senate
7693 or an employee on the staff of a Member
7694 or on the staff of a committee
7695 whose rate of pay
7696 is equal to or greater than 75 percent
7697 of the rate of pay of a Member
7698 and employed at such rate
7699 for more than 60 days
7700 in a calendar year,
7701 upon leaving that position,
7702 becomes a registered lobbyist,
7703 or is employed or retained
7704 by such a registered lobbyist
7705 or an entity
7706 that employs or retains
7707 a registered lobbyist
7708 for the purpose
7709 of influencing legislation,
7710 such employee may not lobby
7711 any Member, officer, or employee
7712 of the Senate
7713 for a period of 1 year
7714 after leaving that position.
771610.
771811.
7719 (a)
7720 If a Member's spouse
7721 or immediate family member
7722 is a registered lobbyist,
7723 or is employed or retained
7724 by such a registered lobbyist
7725 or an entity
7726 that hires or retains
7727 a registered lobbyist
7728 for the purpose
7729 of influencing legislation,
7730 the Member shall prohibit all staff
7731 employed or supervised
7732 by that Member
7733 (including staff in personal,
7734 committee,
7735 and leadership offices)
7736 from having any contact
7737 with the Member's spouse
7738 or immediate family member
7739 that constitutes a lobbying contact
7740 as defined by section 3
7741 of the Lobbying Disclosure Act
7742 of 1995
7743 by such person.
7744 (b)
7745 Members and employees
7746 on the staff of a Member
7747 (including staff in personal,
7748 committee,
7749 and leadership offices)
7750 shall be prohibited
7751 from having any contact
7752 that constitutes a lobbying contact
7753 as defined by section 3
7754 of the Lobbying Disclosure Act
7755 of 1995
7756 by any spouse of a Member
7757 who is a registered lobbyist,
7758 or is employed or retained
7759 by such a registered lobbyist.
7760 (c)
7761 The prohibition in subparagraph (b)
7762 shall not apply
7763 to the spouse of a Member
7764 who was serving
7765 as a registered lobbyist
7766 at least 1 year prior
7767 to the most recent election
7768 of that Member to office
7769 or at least 1 year prior
7770 to his or her marriage
7771 to that Member.
777312.
7774 (a)
7775 Except as provided by subparagraph (b),
7776 any employee of the Senate
7777 who is required to file a report
7778 pursuant to rule XXXIV
7779 shall refrain from participating
7780 personally and substantially
7781 as an employee of the Senate
7782 in any contact
7783 with any agency
7784 of the executive
7785 or judicial branch
7786 of Government
7787 with respect to non-legislative
7788 matters
7789 affecting any non-governmental person
7790 in which the employee
7791 has a significant
7792 financial interest.
7793 (b)
7794 Subparagraph (a) shall not apply
7795 if an employee first advises
7796 his supervising authority
7797 of his significant financial interest
7798 and obtains from his employing authority
7799 a written waiver
7800 stating that the participation
7801 of the employee
7802 is necessary.
7803 A copy of each such waiver
7804 shall be filed
7805 with the Select Committee.
780713.
7808 For purposes of this rule--
7809 "employee of the Senate"
7810 includes an employee or individual
7811 described in paragraphs 2, 3,
7812 and 4(c) of rule XLI;
7813 an individual who is an employee
7814 on the staff of a subcommittee
7815 of a committee
7816 shall be treated as an employee
7817 on the staff of such committee;
7818 and
7819 the term "lobbying"
7820 means any oral or written communication
7821 to influence the content
7822 or disposition of any issue
7823 before Congress,
7824 including any pending or future bill,
7825 resolution, treaty, nomination,
7826 hearing, report, or investigation;
7827 but does not include--
7828 a communication
7829 (i)
7830 made in the form of testimony
7831 given before a committee
7832 or office of the Congress,
7833 or
7834 (ii)
7835 submitted for inclusion
7836 in the public record, public docket,
7837 or public file of a hearing;
7838 or
7839 a communication by an individual,
7840 acting solely on his own behalf,
7841 for redress of personal grievances,
7842 or to express his personal opinion.
784414.
7845 (a)
7846 A Member shall not negotiate
7847 or have any arrangement
7848 concerning prospective private employment
7849 until after his or her successor
7850 has been elected,
7851 unless such Member files
7852 a signed statement
7853 with the Secretary of the Senate,
7854 for public disclosure,
7855 regarding such negotiations
7856 or arrangements
7857 not later than 3 business days
7858 after the commencement
7859 of such negotiation
7860 or arrangement,
7861 including the name
7862 of the private entity or entities
7863 involved in such negotiations
7864 or arrangements,
7865 and the date
7866 such negotiations or arrangements
7867 commenced.
7868 (b)
7869 A Member shall not negotiate
7870 or have any arrangement
7871 concerning prospective employment
7872 for a job involving lobbying activities
7873 as defined
7874 by the Lobbying Disclosure Act
7875 of 1995
7876 until after his or her successor
7877 has been elected.
7878 (c)
7879 (1)
7880 An employee of the Senate
7881 earning in excess of 75 percent
7882 of the salary paid to a Senator
7883 shall notify
7884 the Select Committee on Ethics
7885 that he or she is negotiating
7886 or has any arrangement
7887 concerning prospective
7888 private employment.
7889 (2)
7890 The notification
7891 under this subparagraph
7892 shall be made
7893 not later than 3 business days
7894 after the commencement
7895 of such negotiation
7896 or arrangement.
7897 (3)
7898 An employee
7899 to whom this subparagraph applies
7900 shall--
7901 recuse himself or herself from--
7902 any contact or communication
7903 with the prospective employer
7904 on issues of legislative interest
7905 to the prospective employer;
7906 and
7907 any legislative matter
7908 in which there is a conflict
7909 of interest
7910 or an appearance of a conflict
7911 for that employee
7912 under this subparagraph;
7913 and
7914 notify the Select Committee on Ethics
7915 of such recusal.
791715.
7918 No Member, officer, or employee
7919 of the Senate
7920 may enter into,
7921 or offer to enter into,
7922 an agreement, contract, swap,
7923 or transaction
7924 that provides for any purchase, sale,
7925 payment, or delivery
7926 of an excluded commodity,
7927 as defined in section 1a
7928 of the Commodity Exchange Act
7929 (7 U.S.C. 1a),
7930 that is dependent
7931 on the occurrence, nonoccurrence,
7932 or the extent of the occurrence
7933 of a specific event or contingency.
7934 Nothing in this paragraph
7935 shall be construed to apply
7936 to insurance
7937 for which the insured holds
7938 a lawful insurable interest.
794016.
7941 For purposes of this rule--
7942 a Senator or the Vice President
7943 is the supervisor
7944 of his administrative, clerical,
7945 or other assistants;
7946 a Senator who is the chairman
7947 of a committee
7948 is the supervisor
7949 of the professional, clerical,
7950 or other assistants
7951 to the committee
7952 except that minority staff members
7953 shall be under the supervision
7954 of the ranking minority Senator
7955 on the committee;
7956 a Senator who is a chairman
7957 of a subcommittee
7958 which has its own staff
7959 and financial authorization
7960 is the supervisor
7961 of the professional, clerical,
7962 or other assistants
7963 to the subcommittee
7964 except that minority staff members
7965 shall be under the supervision
7966 of the ranking minority Senator
7967 on the subcommittee;
7968 the President pro tempore
7969 is the supervisor
7970 of the Secretary of the Senate,
7971 Sergeant at Arms and Doorkeeper,
7972 the Chaplain,
7973 the Legislative Counsel,
7974 and the employees
7975 of the Office
7976 of the Legislative Counsel;
7977 the Secretary of the Senate
7978 is the supervisor
7979 of the employees of his office;
7980 the Sergeant at Arms and Doorkeeper
7981 is the supervisor
7982 of the employees of his office;
7983 the Majority and Minority Leaders
7984 and the Majority and Minority Whips
7985 are the supervisors
7986 of the research, clerical,
7987 or other assistants assigned
7988 to their respective offices;
7989 the Majority Leader
7990 is the supervisor
7991 of the Secretary for the Majority
7992 and the Secretary for the Majority
7993 is the supervisor
7994 of the employees of his office;
7995 and
7996 the Minority Leader
7997 is the supervisor
7998 of the Secretary for the Minority
7999 and the Secretary for the Minority
8000 is the supervisor
8001 of the employees of his office.
8003Rule.. XXXVIII
8004PROHIBITION OF UNOFFICIAL
8005OFFICE ACCOUNTS
80071.
8008 (a)
8009 No Member may maintain
8010 or have maintained for his use
8011 an unofficial office account.
8012 The term "unofficial office account"
8013 means an account or repository
8014 into which funds are received
8015 for the purpose,
8016 at least in part,
8017 of defraying
8018 otherwise unreimbursed expenses
8019 allowable in connection
8020 with the operation
8021 of a Member's office.
8022 An unofficial office account
8023 does not include,
8024 and expenses incurred by a Member
8025 in connection
8026 with his official duties
8027 shall be defrayed only from
8028 personal funds of the Member;
8029 official funds
8030 specifically appropriated
8031 for that purpose;
8032 funds derived
8033 from a political committee
8034 (as defined in section 301(d)
8035 of the Federal Election
8036 Campaign Act of 1971
8037 (2 U.S.C. 431));
8038 and
8039 funds received
8040 as reasonable reimbursements
8041 for expenses incurred
8042 by a Member
8043 in connection
8044 with personal services
8045 provided by the Member
8046 to the organization
8047 making the reimbursement.
8049 (b)
8050 Notwithstanding subparagraph (a),
8051 official expenses
8052 may be defrayed only
8053 as provided
8054 by subsections (d) and (i)
8055 of section 311
8056 of the Legislative Appropriations Act,
8057 1991
8058 (Pub. L. 101-520).
8060 (c)
8061 For purposes of reimbursement
8062 under this rule,
8063 fair market value
8064 of a flight on an aircraft
8065 shall be determined
8066 as provided
8067 in paragraph 1(c)(1)(C)
8068 of rule XXXV.
80702.
8071 No contribution
8072 (as defined in section 301(e)
8073 of the Federal Election
8074 Campaign Act of 1971
8075 (2 U.S.C. 431))
8076 shall be converted
8077 to the personal use
8078 of any Member
8079 or any former Member.
8080 For the purposes of this rule
8081 "personal use" does not include
8082 reimbursement of expenses
8083 incurred by a Member
8084 in connection
8085 with his official duties.
8087Rule.. XXXIX
8088FOREIGN TRAVEL
80901.
8091 (a)
8092 Unless authorized by the Senate
8093 (or by the President
8094 of the United States
8095 after an adjournment sine die),
8096 no funds
8097 from the United States Government
8098 (including foreign currencies
8099 made available
8100 under section 502(b)
8101 of the Mutual Security Act
8102 of 1954
8103 (22 U.S.C. 1754(b))
8104 shall be received
8105 for the purpose of travel
8106 outside the United States
8107 by any Member of the Senate
8108 whose term will expire
8109 at the end of a Congress
8110 after
8111 the date of the general election
8112 in which his successor
8113 is elected;
8114 or
8115 in the case of a Member
8116 who is not a candidate
8117 in such general election,
8118 the earlier
8119 of the date
8120 of such general election
8121 or the adjournment sine die
8122 of the second regular session
8123 of that Congress.
8125 (b)
8126 The travel restrictions provided
8127 by subparagraph (a)
8128 with respect to a Member
8129 of the Senate
8130 whose term will expire
8131 at the end of a Congress
8132 shall apply to travel by
8133 any employee of the Member;
8134 any elected officer of the Senate
8135 whose employment will terminate
8136 at the end of a Congress;
8137 and
8138 any employee of a committee
8139 whose employment will terminate
8140 at the end of a Congress.
81422.
8143 No Member, officer, or employee
8144 engaged in foreign travel
8145 may claim payment
8146 or accept funds
8147 from the United States Government
8148 (including foreign currencies
8149 made available
8150 under section 502(b)
8151 of the Mutual Security Act
8152 of 1954
8153 (22 U.S.C. 1754(b))
8154 for any expense
8155 for which the individual
8156 has received reimbursement
8157 from any other source;
8158 nor may such Member, officer,
8159 or employee
8160 receive reimbursement
8161 for the same expense
8162 more than once
8163 from the United States Government.
8164 No Member, officer, or employee
8165 shall use any funds
8166 furnished to him
8167 to defray ordinary
8168 and necessary expenses
8169 of foreign travel
8170 for any purpose
8171 other than the purpose
8172 or purposes
8173 for which such funds
8174 were furnished.
81763.
8177 A per diem allowance
8178 provided a Member, officer,
8179 or employee
8180 in connection with foreign travel
8181 shall be used solely
8182 for lodging, food,
8183 and related expenses
8184 and it is the responsibility
8185 of the Member, officer,
8186 or employee
8187 receiving such an allowance
8188 to return
8189 to the United States Government
8190 that portion of the allowance
8191 received
8192 which is not actually used
8193 for necessary lodging, food,
8194 and related expenses.
8196Rule.. XL
8197FRANKING PRIVILEGE
8198AND RADIO AND TELEVISION STUDIOS
82001.
8201 A Senator
8202 or an individual
8203 who is a candidate
8204 for nomination for election,
8205 or election, to the Senate
8206 may not use the frank
8207 for any mass mailing
8208 (as defined
8209 in section 3210(a)(6)(E)
8210 of title 39,
8211 United States Code)
8212 if such mass mailing is mailed
8213 at or delivered
8214 to any postal facility
8215 less than sixty days
8216 immediately before the date
8217 of any primary
8218 or general election
8219 (whether regular, special,
8220 or runoff)
8221 in which the Senator
8222 is a candidate
8223 for public office
8224 or the individual
8225 is a candidate for Senator,
8226 unless the candidacy
8227 of the Senator
8228 in such election
8229 is uncontested.
82312.
8232 A Senator shall use
8233 only official funds of the Senate,
8234 including his official Senate
8235 allowances,
8236 to purchase paper, to print,
8237 or to prepare
8238 any mass mailing material
8239 which is to be sent out
8240 under the frank.
82423.
8243 (a)
8244 When a Senator disseminates
8245 information under the frank
8246 by a mass mailing
8247 (as defined
8248 in section 3210(a)(6)(E)
8249 of title 39,
8250 United States Code),
8251 the Senator shall register quarterly
8252 with the Secretary of the Senate
8253 such mass mailings.
8254 Such registration shall be made
8255 by filing with the Secretary
8256 a copy of the matter mailed
8257 and providing,
8258 on a form supplied
8259 by the Secretary,
8260 a description
8261 of the group or groups of persons
8262 to whom the mass mailing
8263 was mailed.
8265 (b)
8266 The Secretary of the Senate
8267 shall promptly make available
8268 for public inspection
8269 and copying
8270 a copy of the mail matter
8271 registered,
8272 and a description
8273 of the group or groups of persons
8274 to whom the mass mailing
8275 was mailed.
82774.
8278 Nothing in this rule shall apply
8279 to any mailing under the frank
8280 which is
8281 (a) in direct response
8282 to inquiries or requests
8283 from persons
8284 to whom the matter is mailed;
8285 (b) addressed to colleagues
8286 in Congress
8287 or to government officials
8288 (whether Federal, State, or local);
8289 or
8290 (c) consists entirely
8291 of news releases
8292 to the communications media.
82945.
8295 The Senate computer facilities
8296 shall not be used
8297 (a) to store, maintain,
8298 or otherwise process
8299 any lists or categories of lists
8300 of names and addresses
8301 identifying the individuals
8302 included in such lists
8303 as campaign workers
8304 or contributors,
8305 as members
8306 of a political party,
8307 or by any other
8308 partisan political designation,
8309 (b) to produce computer printouts
8310 except as authorized
8311 by user guides
8312 approved
8313 by the Committee
8314 on Rules and Administration,
8315 or
8316 (c) to produce mailing labels
8317 for mass mailings,
8318 or computer tapes and discs,
8319 for use other than
8320 in service facilities
8321 maintained and operated
8322 by the Senate
8323 or under contract
8324 to the Senate.
8325 The Committee
8326 on Rules and Administration
8327 shall prescribe such regulations
8328 not inconsistent
8329 with the purposes
8330 of this paragraph
8331 as it determines necessary
8332 to carry out such purposes.
83346.
8335 (a)
8336 The radio and television studios
8337 provided by the Senate
8338 or by the House of Representatives
8339 may not be used
8340 by a Senator
8341 or an individual
8342 who is a candidate
8343 for nomination for election,
8344 or election, to the Senate
8345 less than sixty days
8346 immediately before the date
8347 of any primary
8348 or general election
8349 (whether regular, special,
8350 or runoff)
8351 in which that Senator
8352 is a candidate
8353 for public office
8354 or that individual
8355 is a candidate for Senator,
8356 unless the candidacy
8357 of the Senator
8358 in such election
8359 is uncontested.
8361 (b)
8362 This paragraph shall not apply
8363 if the facilities are to be used
8364 at the request of,
8365 and at the expense of,
8366 a licensed broadcast organization
8367 or an organization
8368 exempt from taxation
8369 under section 501(c)(3)
8370 of the Internal Revenue Code
8371 of 1954.
8373Rule.. XLI
8374POLITICAL FUND ACTIVITY;
8375DEFINITIONS
83771.
8378 No officer or employee
8379 of the Senate
8380 may receive, solicit,
8381 be a custodian of,
8382 or distribute any funds
8383 in connection with any campaign
8384 for the nomination for election,
8385 or the election,
8386 of any individual
8387 to be a Member of the Senate
8388 or to any other Federal office.
8389 This prohibition does not apply
8390 to three assistants to a Senator,
8391 at least one of whom
8392 is in Washington,
8393 District of Columbia,
8394 who have been designated
8395 by that Senator
8396 to perform any of the functions
8397 described
8398 in the first sentence
8399 of this paragraph
8400 and who are compensated
8401 at an annual rate
8402 in excess of $10,000
8403 if such designation
8404 has been made in writing
8405 and filed
8406 with the Secretary of the Senate
8407 and if each such assistant
8408 files a financial statement
8409 in the form provided
8410 under rule XXXIV
8411 for each year
8412 during which he is designated
8413 under this rule.
8414 The Majority Leader
8415 and the Minority Leader
8416 may each designate an employee
8417 of their respective
8418 leadership office staff
8419 as one of the 3 designees
8420 referred to
8421 in the second sentence.
8422 The Secretary of the Senate
8423 shall make the designation
8424 available
8425 for public inspection.
84272.
8428 For purposes
8429 of the Senate Code
8430 of Official Conduct -
8431 an employee of the Senate
8432 includes any employee
8433 whose salary is disbursed
8434 by the Secretary of the Senate;
8435 and
8436 the compensation
8437 of an officer or employee
8438 of the Senate
8439 who is a reemployed annuitant
8440 shall include amounts received
8441 by such officer or employee
8442 as an annuity,
8443 and such amounts shall be treated
8444 as disbursed
8445 by the Secretary of the Senate.
84473.
8448 Before approving the utilization
8449 by any committee of the Senate
8450 of the services
8451 of an officer or employee
8452 of the Government
8453 in accordance with paragraph 4
8454 of rule XXVII
8455 or with an authorization
8456 provided by Senate resolution,
8457 the Committee
8458 on Rules and Administration
8459 shall require such officer
8460 or employee
8461 to agree in writing
8462 to comply
8463 with the Senate Code
8464 of Official Conduct
8465 in the same manner
8466 and to the same extent
8467 as an employee of the Senate.
8468 Any such officer or employee
8469 shall, for purposes of such Code,
8470 be treated
8471 as an employee of the Senate
8472 receiving compensation
8473 disbursed
8474 by the Secretary of the Senate
8475 in an amount equal
8476 to the amount of compensation
8477 he is receiving
8478 as an officer or employee
8479 of the Government.
84814.
8482 No Member, officer, or employee
8483 of the Senate
8484 shall utilize
8485 the full-time services
8486 of an individual
8487 for more than ninety days
8488 in a calendar year
8489 in the conduct of official duties
8490 of any committee or office
8491 of the Senate
8492 (including a Member's office)
8493 unless such individual
8494 is an officer or employee
8495 of the Senate,
8496 is an officer or employee
8497 of the Government
8498 (other than the Senate),
8499 or
8500 agrees in writing to comply
8501 with the Senate Code
8502 of Official Conduct
8503 in the same manner
8504 and to the same extent
8505 as an employee of the Senate.
8506 Any individual
8507 to whom subparagraph (c) applies
8508 shall, for purposes of such Code,
8509 be treated
8510 as an employee of the Senate
8511 receiving compensation
8512 disbursed
8513 by the Secretary of the Senate
8514 in an amount equal
8515 to the amount of compensation
8516 which such individual
8517 is receiving from any source
8518 for performing such services.
85205.
8521 In exceptional circumstances
8522 for good cause shown,
8523 the Select Committee on Ethics
8524 may waive the applicability
8525 of any provision
8526 of the Senate Code
8527 of Official Conduct
8528 to an employee hired
8529 on a per diem basis.
85316.
8532 (a)
8533 The supervisor of an individual
8534 who performs services
8535 for any Member, committee,
8536 or office of the Senate
8537 for a period
8538 in excess of four weeks
8539 and who receives compensation
8540 therefor
8541 from any source
8542 other than
8543 the United States Government
8544 shall report
8545 to the Select Committee on Ethics
8546 with respect
8547 to the utilization
8548 of the services
8549 of such individual.
8551 (b)
8552 A report under subparagraph (a)
8553 shall be made
8554 with respect to an individual
8555 when such individual
8556 begins performing services
8557 described in such subparagraph;
8558 at the close
8559 of each calendar quarter
8560 while such individual
8561 is performing such services;
8562 and
8563 when such individual
8564 ceases to perform
8565 such services.
8566 Each such report shall include
8567 the identity of the source
8568 of the compensation received
8569 by such individual
8570 and the amount or rate
8571 of compensation paid
8572 by such source.
8574 (c)
8575 No report shall be required
8576 under subparagraph (a)
8577 with respect to an individual
8578 who normally performs services
8579 for a Member, committee,
8580 or office
8581 for less than eight hours
8582 a week.
8584 (d)
8585 For purposes of this paragraph,
8586 the supervisor of an individual
8587 shall be determined
8588 under paragraph 12
8589 of rule XXXVII.
8591Rule.. XLII
8592EMPLOYMENT PRACTICES
85941.
8595 No Member, officer, or employee
8596 of the Senate
8597 shall, with respect to employment
8598 by the Senate
8599 or any office thereof
8600 fail or refuse to hire
8601 an individual;
8602 discharge an individual;
8603 or
8604 otherwise discriminate
8605 against an individual
8606 with respect to promotion,
8607 compensation,
8608 or terms, conditions,
8609 or privileges of employment
8610 on the basis
8611 of such individual's
8612 race, color, religion, sex,
8613 national origin, age,
8614 or state of physical handicap.
86162.
8617 For purposes of this rule,
8618 the provisions of section 509(a)
8619 of the Americans With Disabilities Act
8620 of 1990
8621 shall be deemed to be a rule
8622 of the Senate
8623 as it pertains
8624 to Members, officers,
8625 and employees of the Senate.
8627Rule.. XLIII
8628REPRESENTATION BY MEMBERS
86301.
8631 In responding to petitions
8632 for assistance,
8633 a Member of the Senate,
8634 acting directly
8635 or through employees,
8636 has the right to assist petitioners
8637 before executive
8638 and independent government
8639 officials and agencies.
86412.
8642 At the request of a petitioner,
8643 a Member of the Senate,
8644 or a Senate employee,
8645 may communicate
8646 with an executive
8647 or independent government official
8648 or agency
8649 on any matter to-
8650 request information
8651 or a status report;
8652 urge prompt consideration;
8653 arrange for interviews
8654 or appointments;
8655 express judgments;
8656 call for reconsideration
8657 of an administrative response
8658 which the Member believes
8659 is not reasonably supported
8660 by statutes, regulations
8661 or considerations of equity
8662 or public policy;
8663 or
8664 perform any other service
8665 of a similar nature
8666 consistent with the provisions
8667 of this rule.
86693.
8670 The decision to provide assistance
8671 to petitioners
8672 may not be made
8673 on the basis
8674 of contributions or services,
8675 or promises of contributions
8676 or services,
8677 to the Member's
8678 political campaigns
8679 or to other organizations
8680 in which the Member
8681 has a political, personal,
8682 or financial interest.
86844.
8685 A Member shall make
8686 a reasonable effort to assure
8687 that representations made
8688 in the Member's name
8689 by any Senate employee
8690 are accurate
8691 and conform
8692 to the Member's instructions
8693 and to this rule.
86955.
8696 Nothing in this rule
8697 shall be construed to limit
8698 the authority of Members,
8699 and Senate employees,
8700 to perform legislative,
8701 including committee,
8702 responsibilities.
87046.
8705 No Member,
8706 with the intent to influence
8707 solely on the basis
8708 of partisan political affiliation
8709 an employment decision
8710 or employment practice
8711 of any private entity,
8712 shall-
8713 take or withhold,
8714 or offer or threaten
8715 to take or withhold,
8716 an official act;
8717 or
8718 influence,
8719 or offer or threaten
8720 to influence
8721 the official act of another.
8723Rule.. XLIV
8724CONGRESSIONALLY DIRECTED SPENDING
8725AND RELATED ITEMS
87271.
8728 (a)
8729 It shall not be in order
8730 to vote on a motion to proceed
8731 to consider a bill or joint resolution
8732 reported by any committee
8733 unless the chairman
8734 of the committee of jurisdiction
8735 or the Majority Leader
8736 or his or her designee
8737 certifies-
8738 that each congressionally directed
8739 spending item,
8740 limited tax benefit,
8741 and limited tariff benefit,
8742 if any,
8743 in the bill or joint resolution,
8744 or in the committee report
8745 accompanying the bill
8746 or joint resolution,
8747 has been identified
8748 through lists, charts,
8749 or other similar means
8750 including the name of each Senator
8751 who submitted a request
8752 to the committee
8753 for each item so identified;
8754 and
8755 that the information in clause (1)
8756 has been available
8757 on a publicly accessible
8758 congressional website
8759 in a searchable format
8760 at least 48 hours before such vote.
8761 (b)
8762 If a point of order is sustained
8763 under this paragraph,
8764 the motion to proceed shall be suspended
8765 until the sponsor of the motion
8766 or his or her designee
8767 has requested resumption
8768 and compliance with this paragraph
8769 has been achieved.
87712.
8772 (a)
8773 It shall not be in order
8774 to vote on a motion to proceed
8775 to consider a Senate bill
8776 or joint resolution
8777 not reported by committee
8778 unless the chairman
8779 of the committee of jurisdiction
8780 or the Majority Leader
8781 or his or her designee
8782 certifies-
8783 that each congressionally directed
8784 spending item,
8785 limited tax benefit,
8786 and limited tariff benefit,
8787 if any,
8788 in the bill or joint resolution,
8789 has been identified
8790 through lists, charts,
8791 or other similar means,
8792 including the name of each Senator
8793 who submitted a request
8794 to the sponsor
8795 of the bill or joint resolution
8796 for each item so identified;
8797 and
8798 that the information in clause (1)
8799 has been available
8800 on a publicly accessible
8801 congressional website
8802 in a searchable format
8803 at least 48 hours before such vote.
8804 (b)
8805 If a point of order is sustained
8806 under this paragraph,
8807 the motion to proceed shall be suspended
8808 until the sponsor of the motion
8809 or his or her designee
8810 has requested resumption
8811 and compliance with this paragraph
8812 has been achieved.
88143.
8815 (a)
8816 It shall not be in order
8817 to vote on the adoption
8818 of a report of a committee of conference
8819 unless the chairman
8820 of the committee of jurisdiction
8821 or the Majority Leader
8822 or his or her designee
8823 certifies-
8824 that each congressionally directed
8825 spending item,
8826 limited tax benefit,
8827 and limited tariff benefit,
8828 if any,
8829 in the conference report,
8830 or in the joint statement of managers
8831 accompanying the conference report,
8832 has been identified
8833 through lists, charts,
8834 or other means,
8835 including the name of each Senator
8836 who submitted a request
8837 to the committee of jurisdiction
8838 for each item so identified;
8839 and
8840 that the information in clause (1)
8841 has been available
8842 on a publicly accessible
8843 congressional website
8844 at least 48 hours before such vote.
8845 (b)
8846 If a point of order is sustained
8847 under this paragraph,
8848 then the conference report
8849 shall be set aside.
88514.
8852 (a)
8853 If during consideration
8854 of a bill or joint resolution,
8855 a Senator proposes an amendment
8856 containing
8857 a congressionally directed
8858 spending item,
8859 limited tax benefit,
8860 or limited tariff benefit
8861 which was not included
8862 in the bill or joint resolution
8863 as placed on the calendar
8864 or as reported by any committee,
8865 in a committee report
8866 on such bill or joint resolution,
8867 or a committee report of the Senate
8868 on a companion measure,
8869 then as soon as practicable,
8870 the Senator shall ensure
8871 that a list of such items
8872 (and the name of any Senator
8873 who submitted a request
8874 to the Senator
8875 for each respective item
8876 included in the list)
8877 is printed
8878 in the Congressional Record.
8879 (b)
8880 If a committee reports
8881 a bill or joint resolution
8882 that includes
8883 congressionally directed
8884 spending items,
8885 limited tax benefits,
8886 or limited tariff benefits
8887 in the bill or joint resolution,
8888 or in the committee report
8889 accompanying the bill
8890 or joint resolution,
8891 the committee shall
8892 as soon as practicable
8893 identify
8894 on a publicly accessible
8895 congressional website
8896 each such item
8897 through lists, charts,
8898 or other similar means,
8899 including the name of each Senator
8900 who submitted a request
8901 to the committee
8902 for each item so identified.
8903 Availability on the Internet
8904 of a committee report
8905 that contains the information
8906 described in this subparagraph
8907 shall satisfy the requirements
8908 of this subparagraph.
8909 (c)
8910 To the extent technically feasible,
8911 information made available
8912 on publicly accessible
8913 congressional websites
8914 under paragraphs 3 and 4
8915 shall be provided
8916 in a searchable format.
89185.
8919 For the purpose of this rule-
8920 the term
8921 "congressionally directed
8922 spending item"
8923 means a provision or report language
8924 included primarily
8925 at the request of a Senator
8926 providing, authorizing,
8927 or recommending a specific amount
8928 of discretionary budget authority,
8929 credit authority,
8930 or other spending authority
8931 for a contract, loan, loan guarantee,
8932 grant, loan authority,
8933 or other expenditure
8934 with or to an entity,
8935 or targeted to a specific State,
8936 locality or Congressional district,
8937 other than through
8938 a statutory or administrative
8939 formula-driven
8940 or competitive award process;
8941 the term "limited tax benefit"
8942 means-
8943 any revenue provision that-
8944 provides a Federal tax deduction,
8945 credit, exclusion, or preference
8946 to a particular beneficiary
8947 or limited group of beneficiaries
8948 under the Internal Revenue Code
8949 of 1986;
8950 and
8951 contains eligibility criteria
8952 that are not uniform in application
8953 with respect to potential
8954 beneficiaries of such provision;
8955 the term "limited tariff benefit"
8956 means a provision modifying
8957 the Harmonized Tariff Schedule
8958 of the United States
8959 in a manner that benefits
8960 10 or fewer entities;
8961 and
8962 except as used in subparagraph 8(e),
8963 the term "item"
8964 when not preceded
8965 by "congressionally directed spending"
8966 means any provision
8967 that is a congressionally directed
8968 spending item,
8969 a limited tax benefit,
8970 or a limited tariff benefit.
89726.
8973 (a)
8974 A Senator who requests
8975 a congressionally directed
8976 spending item,
8977 a limited tax benefit,
8978 or a limited tariff benefit
8979 in any bill or joint resolution
8980 (or an accompanying report)
8981 or in any conference report
8982 (or an accompanying
8983 joint statement of managers)
8984 shall provide a written statement
8985 to the chairman and ranking member
8986 of the committee of jurisdiction,
8987 including-
8988 the name of the Senator;
8989 in the case
8990 of a congressionally directed
8991 spending item,
8992 the name and location
8993 of the intended recipient
8994 or, if there is no specifically
8995 intended recipient,
8996 the intended location
8997 of the activity;
8998 in the case of a limited tax
8999 or tariff benefit,
9000 identification of the individual
9001 or entities reasonably anticipated
9002 to benefit,
9003 to the extent known
9004 to the Senator;
9005 the purpose
9006 of such congressionally directed
9007 spending item
9008 or limited tax or tariff benefit;
9009 and
9010 a certification
9011 that neither the Senator
9012 nor the Senator's immediate family
9013 has a pecuniary interest
9014 in the item,
9015 consistent with the requirements
9016 of paragraph 9.
9017 (b)
9018 With respect to each item
9019 included in a Senate bill
9020 or joint resolution
9021 (or accompanying report)
9022 reported by committee
9023 or considered by the Senate,
9024 or included in a conference report
9025 (or joint statement of managers
9026 accompanying the conference report)
9027 considered by the Senate,
9028 each committee of jurisdiction
9029 shall make available
9030 for public inspection
9031 on the Internet
9032 the certifications
9033 under subparagraph (a)(5)
9034 as soon as practicable.
90367.
9037 In the case of a bill, joint resolution,
9038 or conference report
9039 that contains
9040 congressionally directed
9041 spending items
9042 in any classified portion of a report
9043 accompanying the measure,
9044 the committee of jurisdiction shall,
9045 to the greatest extent practicable,
9046 consistent with the need
9047 to protect national security
9048 (including intelligence sources
9049 and methods),
9050 include on the list required
9051 by paragraph 1, 2, or 3
9052 as the case may be,
9053 a general program description
9054 in unclassified language,
9055 funding level,
9056 and the name of the sponsor
9057 of that congressionally directed
9058 spending item.
90608.
9061 (a)
9062 A Senator may raise a point of order
9063 against one or more provisions
9064 of a conference report
9065 if they constitute
9066 new directed spending provisions.
9067 The Presiding Officer
9068 may sustain the point of order
9069 as to some or all of the provisions
9070 against which the Senator raised
9071 the point of order.
9072 (b)
9073 If the Presiding Officer
9074 sustains the point of order
9075 as to any of the provisions
9076 against which the Senator raised
9077 the point of order,
9078 then those provisions
9079 against which the Presiding Officer
9080 sustains the point of order
9081 shall be stricken.
9082 After all other points of order
9083 under this paragraph
9084 have been disposed of-
9085 the Senate shall proceed to consider
9086 the question
9087 of whether the Senate should recede
9088 from its amendment to the House bill,
9089 or its disagreement
9090 to the amendment of the House,
9091 and concur with a further amendment,
9092 which further amendment
9093 shall consist of only that portion
9094 of the conference report
9095 that has not been stricken;
9096 and
9097 the question in clause (1)
9098 shall be decided
9099 under the same debate limitation
9100 as the conference report
9101 and no further amendment
9102 shall be in order.
9103 (c)
9104 Any Senator may move to waive
9105 any or all points of order
9106 under this paragraph
9107 with respect
9108 to the pending conference report
9109 by an affirmative vote
9110 of three-fifths of the Members,
9111 duly chosen and sworn.
9112 All motions to waive
9113 under this paragraph
9114 shall be debatable collectively
9115 for not to exceed 1 hour
9116 equally divided
9117 between the Majority Leader
9118 and the Minority Leader
9119 or their designees.
9120 A motion to waive all points of order
9121 under this paragraph
9122 shall not be amendable.
9123 (d)
9124 All appeals from rulings of the Chair
9125 under this paragraph
9126 shall be debatable collectively
9127 for not to exceed 1 hour,
9128 equally divided
9129 between the Majority
9130 and the Minority Leader
9131 or their designees.
9132 An affirmative vote
9133 of three-fifths of the Members
9134 of the Senate,
9135 duly chosen and sworn,
9136 shall be required in the Senate
9137 to sustain an appeal
9138 of the ruling of the Chair
9139 under this paragraph.
9140 (e)
9141 The term 'new directed spending
9142 provision'
9143 as used in this paragraph
9144 means any item
9145 that consists of a specific provision
9146 containing a specific level of funding
9147 for any specific account,
9148 specific program,
9149 specific project,
9150 or specific activity,
9151 when no specific funding
9152 was provided
9153 for such specific account,
9154 specific program,
9155 specific project,
9156 or specific activity
9157 in the measure originally committed
9158 to the conferees
9159 by either House.
91619.
9162 No Member, officer, or employee
9163 of the Senate
9164 shall knowingly use
9165 his official position
9166 to introduce, request,
9167 or otherwise aid
9168 the progress or passage
9169 of congressionally directed
9170 spending items,
9171 limited tax benefits,
9172 or limited tariff benefits
9173 a principal purpose of which
9174 is to further only his pecuniary
9175 interest,
9176 only the pecuniary interest
9177 of his immediate family,
9178 or only the pecuniary interest
9179 of a limited class of persons
9180 or enterprises,
9181 when he or his immediate family,
9182 or enterprises controlled by them,
9183 are members of the affected class.
918510.
9186 Any Senator may move to waive
9187 application of paragraph 1, 2, or 3
9188 with respect to a measure
9189 by an affirmative vote
9190 of three-fifths of the Members,
9191 duly chosen and sworn.
9192 A motion to waive under this paragraph
9193 with respect to a measure
9194 shall be debatable
9195 for not to exceed 1 hour
9196 equally divided
9197 between the Majority Leader
9198 and the Minority Leader
9199 or their designees.
9200 With respect to points of order
9201 raised under paragraphs 1, 2, or 3,
9202 only one appeal
9203 from a ruling of the Chair
9204 shall be in order,
9205 and debate on such an appeal
9206 from a ruling of the Chair
9207 on such point of order
9208 shall be limited to one hour.
921011.
9211 Any Senator may move to waive
9212 all points of order under this rule
9213 with respect to the pending measure
9214 or motion
9215 by an affirmative vote
9216 of three-fifths of the Members,
9217 duly chosen and sworn.
9218 All motions to waive
9219 all points of order
9220 with respect to a measure or motion
9221 as provided by this paragraph
9222 shall be debatable collectively
9223 for not to exceed 1 hour
9224 equally divided
9225 between the Majority Leader
9226 and the Minority Leader
9227 or their designees.
9228 A motion to waive all points of order
9229 with respect to a measure or motion
9230 as provided by this paragraph
9231 shall not be amendable.
923312.
9234 Paragraph 1, 2, or 3 of this rule
9235 may be waived
9236 by joint agreement
9237 of the Majority Leader
9238 and the Minority Leader
9239 of the Senate
9240 upon their certification
9241 that such waiver is necessary
9242 as a result
9243 of a significant disruption
9244 to Senate facilities
9245 or to the availability
9246 of the Internet.
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