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RULE XXXI

REFERENCE OF CLAIMS ADVERSELY REPORTED

Whenever a committee of the Senate, to whom any claim has been referred, reports adversely, and the report is agreed to, it shall not be in order to move to take the papers from the files for the purpose of referring them at a subsequent session, unless the claimant shall present a petition therefor, stating that new evidence has been discovered since the report, and setting forth the substance of such new evidence. But when there has been no adverse report it shall be the duty of the Secretary to transmit all such papers to the committee in which such claims are pending.

RULE XXXII

BUSINESS CONTINUED FROM SESSION TO SESSION

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1.2 At the second or any subsequent session of a Congress, [32.1] the legislative business of the Senate which remained undetermined at the close of the next preceding session of that Congress shall be resumed and proceeded with in the same manner as if no adjournment of the Senate had taken place; and all papers referred to committees and not reported upon at the close of a session of Congress shall be returned to the office of the Secretary of the Senate, and be retained by him until the next succeeding session of that Congress, when they shall be returned to the several committees to which they had previously been referred. [Jefferson's Manual, Sec. LI.

2.2 The rules of the Senate shall continue from one Con- [32.2] gress to the next Congress unless they are changed as provided in these rules.

1 As amended, S. Jour. 67, 50-1, Dec. 14, 1887. 'As amended, S. Jour. 37, 86-1, Jan. 12, 1959.

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RULE XXXIII

PRIVILEGE OF THE FLOOR 1

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No person shall be admitted to the floor of the Senate while in session, except as follows:

The President of the United States and his private secretary.

The President elect and Vice President elect of the United
States.2

Ex-Presidents and ex-Vice Presidents of the United States.
Judges of the Supreme Court.

Ex-Senators and Senators elect.

The officers and employees of the Senate in the discharge of their official duties.

Ex-Secretaries and ex-Sergeants at Arms of the Senate.3 Members of the House of Representatives and Members elect.1

Ex-Speakers of the House of Representatives."

The Sergeant at Arms of the House and his chief deputy and the Clerk of the House and his deputy.

Heads of the Executive Departments.

Ambassadors and Ministers of the United States."
Governors of States and Territories.

The General Commanding the Army.

The Senior Admiral of the Navy on the active list.

Members of National Legislatures of foreign countries.
Judges of the Court of Claims.

1 As amended, S. Jour. 30, 52-1, Dec. 14, 1891; S. Jour. 351, 54-1, May 26, 1896.

As amended, S. Jour. 113, 50-2, Jan. 4, 1889.
As amended, S. Jour. 75, 53-3, Jan. 28, 1895.
As amended, S. Jour. 418, 48-2, Feb. 28, 1885.
As amended, S. Jour. 1173, 50-1, July 25, 1888.
• As amended, S. Jour. 351, 54-1, May 26, 1896.

The Commissioner of the District of Columbia.'

The Librarian of Congress and the Assistant Librarian in charge of the Law Library.

The Architect of the Capitol.2

The Chaplain of the House of Representatives.3

The Secretary of the Smithsonian Institution.2

The Parliamentarian Emeritus of the Senate.1

Clerks to Senate committees and clerks to Senators when in the actual discharge of their official duties. Clerks to Senators, to be admitted to the floor, must be regularly appointed and borne upon the rolls of the Secretary of the Senate as such.5

RULE XXXIV

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REGULATION OF THE SENATE WING OF THE CAPITOL

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1. The Senate Chamber shall not be granted for any other purpose than for the use of the Senate; no smoking shall be permitted at any time on the floor of the Senate, or lighted cigars be brought into the Chamber.

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2. It shall be the duty of the Committee on Rules and Administration to make all rules and regulations respecting such parts of the Capitol, its passages and galleries, including the restaurant and the Senate Office Building, as are or may be set apart for the use of the Senate and its officers, to be enforced under the direction of the Presiding Officer.

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1 As amended, S. Jour. 762, 48-1, June 13, 1884; S. Jour. 896, 90-1, Nov. 30, 1967. As amended, S. Jour. 565, 48-1, Apr. 22, 1884.

As amended. S. Jour. 705, 92-1, Oct. 4, 1971.

As amended, S. Jour. -, 94-1, July 10, 1975.

See also "Regulations Controlling the Admission of Employees of Senators and Senate Committees to the Senate Floor," adopted by the Committee on Rules and Administration on Jan. 25, 1956, and revised Feb. 4, 1971.

As amended, S. Jour. 163, 63-2, Mar. 9, 1914.
As amended, S. Jour. 173, 80-1, Mar. 28, 1947.
As amended, S. Jour. 27, 66-2, Dec. 13, 1919.
See Senate Manual section [79.8].

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37-195 - 75-5

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'They shall make such regulations respecting the reporters' galleries of the Senate, together with the adjoining rooms and facilities, as will confine their occupancy and use to bona fide reporters for daily newspapers and periodicals, to bona fide reporters of news or press associations requiring telegraph service to their membership, and to bona fide reporters for daily news dissemination through radio, wire, wireless, and similar media of transmission. These regulations shall so provide for the use of such space and facilities as fairly to distribute their use to all such media of news dissemination.

RULE XXXV

SESSION WITH CLOSED DOORS

On a motion made and seconded to close the doors of the Senate, on the discussion of any business which may, in the opinion of a Senator, require secrecy, the Presiding Officer shall direct the galleries to be cleared; and during the discussion of such motion the doors shall remain closed. [Jefferson's Manual, Sec. XVIII.

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RULE XXXVI

[36.1]

EXECUTIVE SESSIONS

1. When the President of the United States shall meet the Senate in the Senate Chamber for the consideration of Executive business, he shall have a seat on the right of the Presiding Officer. When the Senate shall be convened by the President of the United States to any other place, the Presiding Officer of the Senate and the Senators shall attend at the place appointed, with the necessary officers of the Senate.

1 As amended, S. Jour. 259, 76-1, Apr. 25, 1939.

2. When acting upon confidential or Executive busi- [36.2] ness,' unless the same shall be considered in open Executive session, the Senate Chamber shall be cleared of all persons except the Secretary, the Chief Clerk, the Principal Legislative Clerk, the Executive Clerk, the Minute and Journal Clerk, the Sergeant at Arms, the Assistant Doorkeeper, and such other officers as the Presiding Officer shall think necessary; and all such officers shall be sworn to secrecy.

On May 2, 1892, the Senate agreed to the following:

Resolved, That until otherwise ordered there shall be admitted to the floor of the Senate during Executive sessions such clerks, not exceeding three in number, as may be assigned by the Secretary of the Senate to Executive duties. (S. Ex. Jour. 225, vol. 28, 52–1, May 2, 1892.)

3. All confidential communications made by the Presi- [36.3] dent of the United States to the Senate shall be by the Senators and the officers of the Senate kept secret; and all treaties which may be laid before the Senate, and all remarks, votes, and proceedings thereon shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy, or unless the same shall be considered in open Executive session.

[Jefferson's Manual, Sec. LII.

On Mar. 21, 1885, the Senate agreed to the following: Ordered, That the injunction of secrecy be removed from the following report from the Committee on Rules, viz:

The Committee on Rules, to which was referred a question of order raised by the Senator from Maine (Mr. Frye) as to the operation of clause 3, Rule XXXVI, reported that it extends the injunction of secrecy to each step in the consideration of treaties, including the fact of ratification; that no modification of this clause of the rules ought to be made; that the secrecy as to the fact or ratification of a treaty may be of the utmost importance, and ought not to be removed except by order of the Senate, or until it has been made public by proclamation by the President. (S. Ex. Jour. 20, 49 special, Mar. 21, 1885.)

As amended, S. Jour. 428, 50-1, Mar. 6, 1888.

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