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S.Doc.107-5 SEMIANNUAL REPORT of the ARCHITECT OF THE CAPITOL ...
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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