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107th Congress                                                 Document
                                  SENATE                        
 1st Session                                                   No. 107-3
_______________________________________________________________________

                                     

 
         AUTHORITY AND RULES OF SENATE COMMITTEES, 2001-2002

                               __________

     A COMPILATION OF THE AUTHORITY AND RULES OF SENATE AND JOINT 
                   COMMITTEES, AND RELATED MATERIALS

                               __________

                       MITCH McCONNELL, Chairman

                 COMMITTEE ON RULES AND ADMINISTRATION

                          UNITED STATES SENATE

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


       Printed under the authority of S. Res. 58, 107th Congress
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
70-987                     WASHINGTON : 2001


                 COMMITTEE ON RULES AND ADMINISTRATION

                  MITCH McCONNELL, Kentucky, Chairman
JOHN W. WARNER, Virginia             CHRISTOPHER J. DODD, Connecticut
JESSE HELMS, North Carolina          ROBERT C. BYRD, West Virginia
TED STEVENS, Alaska                  DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi            DIANNE FEINSTEIN, California
RICK SANTORUM, Pennsylvania          ROBERT G. TORRICELLI, New Jersey
DON NICKLES, Oklahoma                CHARLES E. SCHUMER, New York
TRENT LOTT, Mississippi              JOHN B. BREAUX, Louisiana
KAY BAILEY HUTCHISON, Texas          THOMAS DASCHLE, South Dakota
                                     MARK DAYTON, Minnesota
      

                               __________

                          SENATE RESOLUTION 58

                  In the Senate of the United States,

                             March 12, 2001

          Resolved, That a collection of the rules of the committees of 
        the Senate, together with related materials, be printed as a 
        Senate document, and that there be printed 500 additional 
        copies of such document for the use of the Committee on Rules 
        and Administration.
          Attest:
                                                Gary Sisco,
                                                       Secretary.  

                                     
                                PREFACE

    In accordance with recent practice, the Senate agreed to 
Senate Resolution 58 of the 107th Congress, which provides 
``[t]hat a collection of the rules of the committees of the 
Senate, together with related materials, be printed as a Senate 
document.'' This document, prepared pursuant to Senate 
Resolution 58, replaces Senate Document No. 106-6, which 
reprinted committee rules for the 106th Congress.
    The Rules Committee's practice of publishing a compendium 
of committee rules furthers the objective reflected in Rule 
XXVI.2 of the Standing Rules of the Senate of providing greater 
access to the rules of Senate committees. Rule XXVI.2 requires 
each Senate committee to adopt rules to govern its procedures. 
Under Rule XXVI.2, committee rules may not be inconsistent with 
the Rules of the Senate, and must be published in the 
Congressional Record at the beginning of each Congress.
    This publication requirement implements a proposal by 
Senator Javits, which was enacted as part of the Legislative 
Reorganization Act of 1970, for ``giving notice to all the 
world as to our procedures and notifying any witness who is 
subpenaed or otherwise called as to his rights.'' 116 Cong. 
Rec. 34948 (1970). In describing the purpose of the 
requirement, Senator Javits stated that ``[t]he public should 
know what the rules are of any committee which subpenas any 
member of the public, with which any member of the public 
desires to deal, or how he goes about his relations with that 
committee.'' Id. at 34950.
    For the 107th Congress, the Senate extended the deadline 
for committees to publish their procedural rules, which Senate 
Rule XXVI.2 normally fixes at ``not later than March 1 of the 
first year of each Congress,'' until March 10, 2001. The 
purpose of this extension was to provide the committees with 
additional time, in light of the even division of the Senate's 
membership this Congress, to report resolutions funding their 
operations during this Congress and to adopt their procedural 
rules.
    For the past decade, the Senate has funded its committees' 
activities through a biennial resolution running from March 1 
of the first year of a Congress through February 28 of the 
first year of the succeeding Congress. Last Congress, to 
migrate to a new financial system conforming to the government 
fiscal year, the Senate adopted two resolutions to fund its 
committees in three distinct periods. Senate Resolution 49, an 
interim funding resolution, authorized committee expenditures 
from March 1, 1999 through September 30, 1999. See  145 Cong. 
Rec. S1966-67 (daily ed. Feb. 24, 1999). Senate Resolution 189 
then provided funding for each of the next two periods of the 
biennium: October 1, 1999 through September 30, 2000, and 
October 1, 2000 through February 28, 2001. See id. at S11657 
(daily ed. Sept. 29, 1999).
    For the 107th Congress, after extending by unanimous 
consent the funding provided by Senate Resolution 189 to bridge 
the period from March 1 to March 10, 2001, see 147 Cong. Rec. 
S1719 (daily ed. Feb. 28, 2001), the Senate agreed to Senate 
Resolution 54, which provides funding for committees for the 
three fiscal year periods during the biennium ending February 
28, 2003: March 1, 2001 through September 30, 2001; October 1, 
2001 through September 30, 2002; and October 1, 2002 through 
February 28, 2003. See id. at S2057, S2089 (daily ed. Mar. 8, 
2001).
    In section I of this compilation, at pages 1-200, the 
provision of the standing rule or the resolution that 
establishes the jurisdiction or authority of each standing, 
special, and select committee of the Senate is reprinted, 
together with the committee's rules. Persons using this 
compendium should be aware that committees may amend their 
rules during the course of a Congress. Under Standing Rule 
XXVI.2, ``[a]ny amendment to the rules of a committee shall not 
take effect until the amendment is published in the 
Congressional Record.''
    Subcommittees may also have their own supplemental rules. 
In this compendium, the rules of the Permanent Subcommittee on 
Investigations of the Committee on Governmental Affairs are 
reprinted at pages 125-129. It is advisable for persons having 
business with subcommittees to check whether they have adopted 
supplemental rules of procedure.
    While most of the authority of committees may be found in 
the Senate standing rules or resolutions establishing 
committees, some committees have significant authority that 
derives from other sources that are not reprinted in this 
volume. For example, the Committee on Rules and Administration 
has authority to issue regulations or take actions under 
diverse statutes, rules, and resolutions regarding such matters 
as (1) payments for official expenses (2 U.S.C. Sec. Sec.  
58(a), 58(e), 68); (2) utilization of the franking privilege 
(39 U.S.C. Sec. Sec.  3210(d)(5), 3216(e)(2), 3220(b)); (3) 
assignment of space in the Senate office buildings (40 U.S.C. 
Sec. Sec.  174b-1, 174d); and (4) regulation of the Senate Wing 
of the Capitol, including the public and press galleries 
(Standing Rule XXXIII.2).
    Similarly, in addition to Senate Resolution 338 of the 88th 
Congress, as amended, the Select Committee on Ethics draws 
authority from various statutes, rules, and other resolutions. 
For example, the Ethics Committee has authority to administer 
within the Senate provisions on the receipt of foreign and 
other gifts to Members, officers, and employees (5 U.S.C. 
Sec. Sec.  7342, 7353), and provisions on financial disclosure 
(e.g., id. App. 6--Ethics in Government Act of 1978, title I, 
as amended).
    Section I concludes, at pages 179-200, by reproducing the 
February 28, 2001 unanimous consent agreement and Senate 
Resolution 54, the committee funding resolution for the 107th 
Congress.
    Section II, at pages 203-217, sets forth statutes or 
concurrent resolutions creating joint committees. The statutory 
material that is reprinted here for several of the joint 
committees, such as for the Joint Committee on the Library and 
the Joint Committee on Printing, does not cover the full 
authority of those committees, which is set forth in various 
sections of the United States Code.
    Section III, at pages 221-239, includes statutory material 
on the establishment and authority of several Senate or 
congressional entities, other than committees, whose membership 
consists exclusively of either Senators or Members drawn from 
both Houses. In recent years the Congress has created entities 
denominated as commissions, boards, or groups to manage or 
superintend various congressional functions. The Senate Caucus 
on International Narcotics Control is one of the entities whose 
statutory authority appears in this section. Section III does 
not canvass the entire universe of congressional entities. For 
example, other boards, whose statutory authority is not 
reprinted here, consist not of Members but of officers of the 
Congress, such as the Capitol Police Board and the Capitol 
Guide Board. In addition, from time to time the Congress may 
create special entities, by statute or otherwise, to study and 
report on different issues.
    Section IV, at pages 243-277, reprints statutes, 
resolutions, and standing rules of the Senate that are 
applicable to committee procedures and authorities. Following 
Standing Rules XXVI and XXVII, which govern committee 
procedures and staff, appears Senate Resolution 8 of the 107th 
Congress, which establishes special procedures for this 
Congress only. See 147 Cong. Rec. S41-42 (daily ed. Jan. 5, 
2001). In light of its equal party division, the Senate 
provided in Senate Resolution 8 that, during this Congress, its 
committees, including joint committees, will be composed 
equally of members of both parties, with an equal division of 
committee budgets and office space. Senate Resolution 8 
specifies that the even committee ratios are to remain in 
effect for the duration of the 107th Congress, unless either 
party attains a majority, at which time the ratios on 
committees will be adjusted to reflect the ratio in the Senate 
as a whole. Senate Resolution 8 also provides for special 
procedures for discharging business from subcommittees and 
committees, in the event of tie votes, and alters the 
application of cloture provisions under Standing Rule XXII, 
during this Congress. Finally, Senate Resolution 8 mandates 
that the two Leaders ``shall seek to attain an equal balance of 
the interests of the two parties when scheduling and debating 
legislative and executive business generally.''
    In addition, at pages 254-277, Section IV of this 
compilation collects additional materials, including provisions 
on oaths to witnesses, the payment of witness expenses, the 
criminal and civil enforcement of Senate subpoenas, immunity 
for witnesses, the crimes of perjury, false statement, and 
obstruction of congressional proceedings, obtaining tax return 
information, the preservation and disclosure of Senate records, 
and the authorization of testimony.
    Section V, at pages 281-287, contains authorities relating 
to the consideration of tort claims against Members, officers, 
and employees of the Senate acting within the scope of their 
employment. Under the Federal Tort Claims Act, the United 
States is liable for money damages caused by the negligent or 
wrongful acts or omissions of federal officials and employees 
acting within the scope of their employment, including those in 
the legislative branch. Pursuant to the provisions of the FTCA 
set forth in section V, whenever tort claims are brought 
against Members, officers, or employees of the Senate, the 
Senate works with the Department of Justice to seek, where 
appropriate, to substitute the United States as the defendant. 
The FTCA also provides for the administrative adjustment of 
tort claims and requires that this remedy be pursued before a 
civil action against the United States for money damages caused 
by the negligence of an employee of the federal government may 
be initiated. In the Senate, the administrative process is 
governed by Senate Resolution 492, 97th Congress, the text of 
which is included in section V. Senate Resolution 492 provides 
that administrative tort claims against Members, officers, and 
employees of the Senate may be considered and settled by the 
Sergeant at Arms, with the approval of the Committee on Rules 
and Administration, subject to the requirements of the FTCA.
    An acknowledgment is made to Barbara Harrison of the Office 
of Senate Legal Counsel for her assistance in the research and 
preparation of this publication.
    The Committee on Rules and Administration hopes that this 
publication will be helpful in informing persons having 
business with Senate and joint committees about committee 
authority and procedures.
                                           Mitch McConnell, Chairman.  
                            C O N T E N T S

                              ----------                              

              I. AUTHORITY AND RULES OF SENATE COMMITTEES

Special Committee on Aging:
                                                                   Page
    Jurisdiction and Authority, S. Res. 4, Sec.  104, 95th Cong., 
      1st Sess. (1977)...........................................     3
    Rules of Procedure, 147 Cong. Rec. S1688 (daily ed. Feb. 28, 
      2001)......................................................     4
Committee on Agriculture, Nutrition, and Forestry:
    Jurisdiction, Rule XXV.1(a), Standing Rules of the Senate....    11
    Rules of Procedure, 147 Cong. Rec. S1686 (daily ed. Feb. 28, 
      2001)......................................................    12
    Memorandum of Understanding..................................    16
Committee on Appropriations:
Jurisdiction:
        A. Rule XXV.1(b), Standing Rules of the Senate...........    19
        B. 2 U.S.C. Sec. 72d.....................................    19
        C. 2 U.S.C. Sec. 72d-1...................................    20
    Rules of Procedure, 147 Cong. Rec. S1008 (daily ed. Feb. 1, 
      2001)......................................................    20
Committee on Armed Services:
    Jurisdiction, Rule XXV.1(c), Standing Rules of the Senate....    23
    Rules of Procedure, 147 Cong. Rec. S1738 (daily ed. Mar. 1, 
      2001)......................................................    23
Committee on Banking, Housing, and Urban Affairs:
    Jurisdiction, Rule XXV.1(d), Standing Rules of the Senate....    29
    Rules of Procedure, 147 Cong. Rec. S1739 (daily ed. Mar. 1, 
      2001)......................................................    29
    Memorandum of Understanding..................................    34
Committee on the Budget:
    Jurisdiction:
        A. Rule XXV.1(e), Standing Rules of the Senate...........    37
        B. Standing Order on the Referral of Budget Process 
          Legislation, 123 Cong. Rec. 26709 (1977)...............    37
        C. S. Res. 45, 94th Cong., 1st Sess. (1975)..............    38
    Rules of Procedure, 147 Cong. Rec. S1690 (daily ed. Feb. 28, 
      2001)......................................................    39

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