[Senate Document 104-2]
[From the U.S. Government Publishing Office]
104th Congress 1st
Session SENATE Document
No. 104-2
_______________________________________________________________________
AUTHORITY AND RULES OF SENATE COMMITTEES, 1995-96
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A COMPILATION OF THE AUTHORITY AND RULES OF SENATE AND JOINT
COMMITTEES, AND RELATED MATERIALS
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TED STEVENS, Chairman
COMMITTEE ON RULES AND ADMINISTRATION
UNITED STATES SENATE
Printed under the authority of S. Res. 59, 104th Congress
104th Congress 1st SENATE Document
Session
No. 104-2
_______________________________________________________________________
AUTHORITY AND RULES OF SENATE
COMMITTEES, 1995-96
__________
A COMPILATION OF THE AUTHORITY AND RULES OF SENATE AND JOINT
COMMITTEES, AND RELATED MATERIALS
__________
TED STEVENS, Chairman
COMMITTEE ON RULES AND ADMINISTRATION
UNITED STATES SENATE
Printed under the authority of S. Res. 59, 104th Congress
COMMITTEE ON RULES AND ADMINISTRATION
TED STEVENS, Alaska, Chairman
MARK O. HATFIELD, Oregon
JESSE HELMS, North Carolina
JOHN W. WARNER, Virginia
ROBERT DOLE, Kansas
MITCH McCONNELL, Kentucky
THAD COCHRAN, Mississippi
RICK SANTORUM, Pennsylvania
WENDELL H. FORD, Kentucky DON NICKLES, Oklahoma
CLAIBORNE PELL, Rhode Island
ROBERT C. BYRD, West Virginia
DANIEL K. INOUYE, Hawaii
DANIEL PATRICK MOYNIHAN, New York
CHRISTOPHER J. DODD, Connecticut
DIANNE FEINSTEIN, California
__________
SENATE RESOLUTION 59
In the Senate of the United States,
January 17 (legislative day, January 5), 1995.
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 600 additional
copies of such document for the use of the Committee on Rules
and Administration.
Attest:
Sheila Burke,
Secretary.
PREFACE
In accordance with recent practice, the Committee on Rules
and Administration reported, and the Senate agreed to, Senate
Resolution 59 of the 104th 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 59, supersedes Senate Document No. 103-3, which
reprinted committee rules for the 103d 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 not later than March 1 of
the first year 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.
In section I, at pages 1-184, 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 116-120. 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 reg- ulations or take actions under
diverse statutes, rules, and resolutions regarding such matters
as (1) payments for official telecommunication, travel, and,
generally, contingent expenses (2 U.S.C. Sec. Sec. 58(a),
58(e); id. Sec. 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. 20174b-1, 174d); and (4)
regulation of the Senate Wing of the Capitol, including the
public and press galleries (Standing Rule XXXIII).
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).
Section II, at pages 185-205, 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 207-228, 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. 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 229-262, reprints statutes,
resolutions, and standing rules of the Senate that are
applicable to committee procedures and authorities. In addition
to Standing Rules XXVI and XXVII on committee procedures and
staff, these additional materials include 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.
Sections V and VI compile additional significant
authorities governing Senate procedures. Section V, at pages
263-302, includes materials relating to the fair employment
practices procedures applicable to the Senate under the
Government Employee Rights Act of 1991, Pub. L. No. 102-166,
105 Stat. 1088. The provisions of the 1991 Act applicable to
Senate employment have been repealed by the Congressional
Accountability Act of 1995, Pub. L. No. 104-1, 109 Stat. 3,
codified at 2 U.S.C. Sec. 1301, et seq. which, among other
things, created fair employment practices procedures applicable
throughout the Congress. However, because the initial
substantive provisions of the 1995 Act do not take effect until
January 23, 1996, under a savings provision in the 1995 Act, 2
U.S.C. Sec. 1435(a), the provisions of the 1991 Act will
continue in effect for claims arising prior to January 23,
1996. The relevant sections of the Government Employee Rights
Act, the rules of the Office of Senate Fair Employment
Practices, which govern the initiation of procedures as well as
the conduct of all proceedings through adjudicatory hearings
before hearing boards, and the rules of the Ethics Committee,
which govern the Committee's review of hearing board decisions,
are reprinted in section V.
Section VI, at pages 303-310, 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 the employment, including those in
the legislative branch. Pursuant to the provisions of the FTCA
set forth in section VI, 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 VI. 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.
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.
Ted Stevens, Chairman.
C O N T E N T S
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Page
I. AUTHORITY AND RULES OF SENATE COMMITTEES
Special Committee on Aging:
Jurisdiction and Authority, S. Res. 4, Sec. 104, 95th Cong., 3
1st Sess. (1977).
Rules of Procedure, 141 Cong. Rec. S3293 (daily ed. Feb. 28, 4
1995).
Committee on Agriculture, Nutrition, and Forestry:
Jurisdiction, Rule XXV.1(a), Standing Rules of the Senate.... 11
Rules of Procedure, 141 Cong. Rec. S927 (daily ed. Jan. 13, 12
1995).
Committee on Appropriations:
Jurisdiction, Rule XXV.1(b), Standing Rules of the Senate.... 17
Rules of Procedure, 141 Cong. Rec. S1473 (daily ed. Jan. 24, 17
1995).
Committee on Armed Services:
Jurisdiction, Rule XXV.1(c), Standing Rules of the Senate.... 19
Rules of Procedure, 141 Cong. Rec. S1616 (daily ed. Jan. 26, 19
1995).
Committee on Banking, Housing, and Urban Affairs:
Jurisdiction, Rule XXV.1(d), Standing Rules of the Senate.... 23
Rules of Procedure, 141 Cong. Rec. S2975 (daily ed. Feb. 22, 23
1995).
Committee on the Budget:
Jurisdiction:
A. Rule XXV.1(e), Standing Rules of the Senate........... 29
B. Standing Order on the Referral of Budget Process 29
Legislation, 123 Cong. Rec. 26709 (1977).
C. S. Res. 45, 94th Cong., 1st Sess. (1975).............. 30
Rules of Procedure, 141 Cong. Rec. S688 (daily ed. Jan. 10, 31
1995).
Committee on Commerce, Science, and Transportation:
Jurisdiction, Rule XXV.1(f), Standing Rules of the Senate.... 35
Rules of Procedure, 141 Cong. Rec. S1140 (daily ed. Jan. 19, 36
1995).
Committee on Energy and Natural Resources:
Jurisdiction, Rule XXV.1(g), Standing Rules of the Senate.... 39
Rules of Procedure, 141 Cong. Rec. S2139 (daily ed. Feb. 3, 40
1995).
Committee on Environment and Public Works:
Jurisdiction, Rule XXV.1(h), Standing Rules of the Senate.... 45
Rules of Procedure, 141 Cong. Rec. S1023 (daily ed. Jan. 18, 46
1995).
Select Committee on Ethics:
Jurisdiction and Authority, S. Res. 338, 88th Cong., 2d Sess. 51
(1964).
Rules of Procedure, 141 Cong. Rec. S2893 (daily ed. Feb. 16, 57
1995).
Committee on Finance:
Jurisdiction, Rule XXV.1(i), Standing Rules of the Senate.... 83
Rules of Procedure, 141 Cong. Rec. S686 (daily ed. Jan. 10, 83
1995).
Committee on Foreign Relations:
Jurisdiction and Rules of Procedure, 141 Cong. Rec. S2261 89
(daily ed. Feb. 7, 1995).
Committee on Governmental Affairs:
Jurisdiction:
A. Rule XXV.1(k), Standing Rules of the Senate........... 101
B. S. Res. 73, Sec. 13(d), 104th Cong., 1st Sess. (1995) 102
Rules of Procedure of the Full Committee, 141 Cong. Rec. 104
S3295 (daily ed. Feb. 28, 1995).
Rules of Procedure of the Permanent Subcommittee on 116
Investigations.
Committee on Indian Affairs:
Jurisdiction and Authority, S. Res. 4, Sec. 105, 95th Cong., 121
1st Sess. (1977).
Rules of Procedure, 141 Cong. Rec. S1266, S4119 (daily ed. 122
Jan. 20, Mar. 16, 1995).
Select Committee on Intelligence:
Jurisdiction and Authority, S. Res. 400, 94th Cong., 2d Sess. 125
(1976).
Rules of Procedure, 141 Cong. Rec. S2978 (daily ed. Feb. 22, 133
1995).
Committee on the Judiciary:
Jurisdiction, Rule XXV.1(l), Standing Rules of the Senate.... 143
Rules of Procedure, 141 Cong. Rec. S2276 (daily ed. Feb. 7, 143
1995).
Committee on Labor and Human Resources:
Jurisdiction, Rule XXV.1(m), Standing Rules of the Senate.... 147
Rules of Procedure, 141 Cong. Rec. S2421 (daily ed. Feb. 9, 148
1995).
Committee on Rules and Administration:
Jurisdiction, Rule XXV.1(n), Standing Rules of the Senate.... 155
Rules of Procedure, 141 Cong. Rec. S826 (daily ed. Jan. 12, 156
1995).
Committee on Small Business:
Jurisdiction, Rule XXV.1(o), Standing Rules of the Senate.... 159
Rules of Procedure, 141 Cong. Rec. S2668 (daily ed. Feb. 14, 159
1995).
Committee on Veterans' Affairs:
Jurisdiction, Rule XXV.1(p), Standing Rules of the Senate.... 163
Rules of Procedure, 141 Cong. Rec. S2530 (daily ed. Feb. 10, 163
1995).
Omnibus Committee Funding Resolution for 1995 and 1996, S. Res. 169
73, 141 Cong. Rec. S2564 (daily ed. Feb. 13, 1995).
II. AUTHORITY AND RULES OF JOINT COMMITTEES
Joint Economic Committee......................................... 187
Joint Committee on the Library................................... 193
Joint Committee on Printing...................................... 195
Joint Committee on Taxation...................................... 201
III. ADDITIONAL SENATE AND CONGRESSIONAL ENTITIES
Senate Joint Leadership Group.................................... 209
The Technology Assessment Board.................................. 213
The United States Capitol Preservation Commission................ 217
The Senate Commission on Art..................................... 221
Commission on the Bicentennial of the United States Senate....... 225
IV. STATUTES, RESOLUTIONS, AND PROVISIONS OF THE STANDING RULES OF THE
SENATE APPLICABLE TO COMMITTEE PROCEDURES
Committee Procedures and Staff:
Rule XXVI of the Standing Rules of the Senate................ 231
Rule XXVII of the Standing Rules of the Senate............... 239
Administration of Oaths to Witnesses:
2 U.S.C. Sec. Sec. 23, 24, 191.............................. 240
Paying Witness Expenses:
2 U.S.C. Sec. 195a.......................................... 241
S. Res. 259, 100th Cong., 1st Sess. (1987)................... 241
Criminal and Civil Enforcement of Senate Subpoenas:
2 U.S.C. Sec. Sec. 192, 194, 288b, 288d..................... 242
28 U.S.C. Sec. 1365......................................... 244
Immunity for Witnesses:
2 U.S.C. Sec. Sec. 288b, 288f............................... 246
18 U.S.C. Sec. Sec. 6001, 6002, 6005........................ 246
False Statements and Perjury:
18 U.S.C. Sec. Sec. 6, 1001, 1621........................... 248
Obstructing Proceedings:
18 U.S.C. Sec. Sec. 1505, 1512, 1513, 1515.................. 249
Obtaining Tax Return Information:
26 U.S.C. Sec. 6103......................................... 253
Preservation, Confidentiality and Disclosure of Information:
Rule XI of the Standing Rules of the Senate.................. 257
Rule XXIX of the Standing Rules of the Senate................ 257
S. Res. 490, 97th Cong., 2d Sess. (1982)..................... 257
S. Res. 474, 96th Cong., 2d Sess. (1980)..................... 258
2 U.S.C. Sec. 130b.......................................... 259
Regulations Governing the Payment of Travel Expenses of 261
Senate Employees Authorized to Provide Witness Service.
V. SENATE FAIR EMPLOYMENT PRACTICE PROCEDURES
Government Employee Rights Act of 1991, 2 U.S.C. Sec. Sec. 1201- 265
1213, 1215-1216, 1218.
S. Res. 139, 103d Cong., 1st Sess. (1993)........................ 277
Congressional Accountability Act of 1995, 2 U.S.C. Sec. 1435..... 279
Office of Senate Fair Employment Practices, Rules of Procedure, 281
138 Cong. Rec. S13121 (daily ed. Sept. 9, 1992).
Ethics Committee Interim Procedures Under Title III of Public Law 297
102-166, 141 Cong. Rec. S2900 (daily ed. Feb. 16, 1995).
VI. FEDERAL TORT CLAIMS ACT PROCEDURES
28 U.S.C. Sec. Sec. 1346, 2401, 2671-2676, 2679-2680............ 305
S. Res. 492, 97th Cong., 2d Sess. (1982)......................... 310
Appendix......................................................... 311
________________________________________________________________________
I. Authority and Rules of Senate Committees
________________________________________________________________________
Authority and Rules of Senate Committees
Special Committee on Aging
SPECIAL COMMITTEE ON AGING
Jurisdiction and Authority
S. Res. 4, Sec. 104, 95th Cong., 1st Sess. (1977) \1\
\1\ As amended by S. Res. 78, 95th Cong., 1st Sess. (1977), S. Res.
376, 95th Cong., 2d Sess. (1978), S. Res. 274, 96th Cong., 1st Sess.
(1979), S. Res. 389, 96th Cong., 2d Sess. (1980).
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(a)(1) There is established a Special Committee on Aging (hereafter
in this section referred to as the ``special committee'') which shall
consist of nineteen Members. The Members and chairman of the special
committee shall be appointed in the same manner and at the same time as
the Members and chairman of a standing committee of the Senate. After
the date on which the majority and minority Members of the special
committee are initially appointed on or after the effective date of
title I of the Committee System Reorganization Amendments of 1977, each
time a vacancy occurs in the Membership of the special committee, the
number of Members of the special committee shall be reduced by one until
the number of Members of the special committee consists of nine
Senators.
(2) For purposes of paragraph 1 of rule XXV; paragraphs 1, 7(a)(1)-
(2), 9, and 10(a) of rule XXVI; and paragraphs 1(a)-(d), and 2 (a) and
(d) of rule XXVII of the Standing Rules of the Senate; and for purposes
of section 202 (i) and (j) of the Legislative Reorganization Act of
1946, the special committee shall be treated as a standing committee of
the Senate.
(b)(1) It shall be the duty of the special committee to conduct a
continuing study of any and all matters pertaining to problems and
opportunities of older people, including, but not limited to, problems
and opportunities of maintaining health, of assuring adequate income, of
finding employment, of engaging in productive and rewarding activity, of
securing proper housing, and, when necessary, of obtaining care or
assistance. No proposed legislation shall be referred to such committee,
and such committee shall not have power to report by bill, or otherwise
have legislative jurisdiction.
(2) The special committee shall, from time to time (but not less
often than once each year), report to the Senate the results of the
study conducted pursuant to paragraph (1), together with such
recommendation as it considers appropriate.
(c)(1) For the purposes of this section, the special committee is
authorized, in its discretion, (A) to make investigations into any
matter within its jurisdiction, (B) to make expenditures from the
contingent fund of the Senate, (C) to employ personnel, (D) to hold
hearings, (E) to sit and act at any time or place during the sessions,
recesses, and adjourned periods of the Senate, (F) to require, by
subpoena or otherwise, the attendance of witnesses and the production of
correspondence, books, papers, and documents, (G) to take depositions
and other testimony, (H) to procure the service of individual
consultants or organizations thereof (as authorized by section 202(i) of
the Legislative Reorganization Act of 1946, as amended) and (I) with the
prior consent of the Government department or agency concerned and the
Committee on Rules and Administration, to use on a reimbursable basis
the services of personnel of any such department or agency.
(2) The chairman of the special committee or any Member thereof may
administer oaths to witnesses.
(3) Subpoenas authorized by the special committee may be issued over
the signature of the chairman, or any Member of the special committee
designated by the chairman, and may be served by any person designated
by the chairman or the Member signing the subpoena.
(d) All records and papers of the temporary Special Committee on
Aging established by Senate Resolution 33, Eighty-seventh Congress, are
transferred to the special committee.
Rules of Procedure
141 Cong. Rec. S3293 (daily ed. Feb. 28, 1995)
I. Convening of Meetings and Hearings
1. Meetings. The Committee shall meet to conduct Committee business
at the call of the Chairman.
2. Special Meetings. The Members of the Committee may call
additional meetings as provided in Senate Rule XXVI (3).
3. Notice and Agenda:
(a) Hearings. The Committee shall make public announcement of
the date, place, and subject matter of any hearing at least one
week before its commencement.
(b) Meetings. The Chairman shall give the Members written
notice of any Committee meeting, accompanied by an agenda
enumerating the items of business to be considered, at least 5
days in advance of such meeting.
(c) Shortened Notice. A hearing or meeting may be called on
not less than 24 hours notice if the Chairman, with the
concurrence of the Ranking Minority Member, determines that
there is good cause to begin the hearing or meeting on shortened
notice. An agenda will be furnished prior to such a meeting.
4. Presiding Officer. The Chairman shall preside when present. If
the Chairman is not present at any meeting or hearing, the Ranking
Majority Member present shall preside. Any Member of the Committee may
preside over the conduct of a hearing.
II. Closed Sessions and Confidential Materials
1. Procedure. All meetings and hearings shall be open to the public
unless closed. To close a meeting or hearing or portion thereof, a
motion shall be made and seconded to go into closed discussion of
whether the meeting or hearing will concern the matters enumerated in
Rule II.3. Immediately after such discussion, the meeting or hearing may
be closed by a vote in open session of a majority of the Members of the
Committee present.
2. Witness Request. Any witness called for a hearing may submit a
written request to the Chairman no later than twenty-four hours in
advance for his examination to be in closed or open session. The
Chairman shall inform the Committee of any such request.
3. Closed Session Subjects. A meeting or hearing or portion thereof
may be closed if the matters to be discussed concern: (1) national
security; (2) Committee staff personnel or internal staff management or
procedure; (3) matters tending to reflect adversely on the character or
reputation or to invade the privacy of the individuals; (4) Committee
investigations; (5) other matters enumerated in Senate Rule XXVI (5)(b).
4. Confidential Matter. No record made of a closed session, or
material declared confidential by a majority of the Committee, or report
of the proceedings of a closed session, shall be made public, in whole
or in part or by way of summary, unless specifically authorized by the
Chairman and Ranking Minority Member.
5. Broadcasting:
(a) Control. Any meeting or hearing open to the public may be
covered by television, radio, or still photography. Such
coverage must be conducted in an orderly and unobtrusive manner,
and the Chairman may for good cause terminate such coverage in
whole or in part, or take such other action to control it as the
circumstances may warrant.
(b) Request. A witness may request of the Chairman, on grounds
of distraction, harassment, personal safety, or physical
discomfort, that during his testimony cameras, media
microphones, and lights shall not be directed at him.
III. Quorums and Voting
1. Reporting. A majority shall constitute a quorum for reporting a
resolution, recommendation or report to the Senate.
2. Committee Business. A third shall constitute a quorum for the
conduct of Committee business, other than a final vote on reporting,
providing a minority Member is present. One Member shall constitute a
quorum for the receipt of evidence, the swearing of witnesses, and the
taking of testimony at hearings.
3. Polling:
(a) Subjects. The Committee may poll (1) internal Committee
matters including those concerning the Committee's staff,
records, and budget; (2) other Committee business which has been
designated for polling at a meeting.
(b) Procedure. The Chairman shall circulate polling sheets to
each Member specifying the matter being polled and the time
limit for completion of the poll. If any Member so requests in
advance of the meeting, the matter shall be held for meeting
rather than being polled. The clerk shall keep a record of
polls; if the Chairman determines that the polled matter is one
of the areas enumerated in Rule II.3, the record of the poll
shall be confidential. Any Member may move at the Committee
meeting following a poll for a vote on the polled decision.
IV. Investigations
1. Authorization for Investigations. All investigations shall be
conducted on a bipartisan basis by Committee staff. Investigations may
be initiated by the Committee staff upon the approval of the Chairman
and the Ranking Minority Member. Staff shall keep the Committee fully
informed of the progress of continuing investigations, except where the
Chairman and the Ranking Minority Member agree that there exists
temporary cause for more limited knowledge.
2. Subpoenas. Subpoenas for the attendance of witnesses or the
production of memoranda, documents, records, or any other materials
shall be issued by the Chairman, or by any other Member of the Committee
designated by him. Prior to the issuance of each subpoena, the Ranking
Minority Member, and any other Member so requesting, shall be notified
regarding the identity of the person to whom the subpoena will be issued
and the nature of the information sought, and its relationship to the
investigation.
3. Investigative Reports. All reports containing findings or
recommendations stemming from Committee investigations shall be printed
only with the approval of a majority of the Members of the Committee.
V. Hearings
1. Notice. Witnesses called before the Committee shall be given,
absent extraordinary circumstances, at least forty-eight hours' notice,
and all witnesses called shall be furnished with a copy of these rules
upon request.
2. Oath. All witnesses who testify to matters of fact shall be sworn
unless the Committee waives the oath. The Chairman, or any Member, may
request and administer the oath.
3. Statement. Any witness desiring to make an introductory statement
shall file 50 copies of such statement with the Chairman or clerk of the
Committee 24 hours in advance of his appearance, unless the Chairman and
Ranking Minority Member determine that there is good cause for a
witness's failure to do so. A witness shall be allowed no more than ten
minutes to orally summarize his prepared statement.
4. Counsel:
(a) A witness's counsel shall be permitted to be present
during his testimony at any public or closed hearing or
depositions or staff interview to advise such witness of his
rights, provided, however, that in the case of any witness who
is an officer or employee of the government, or of a corporation
or association, the Chairman may rule that representation by
counsel from the government, corporation, or association creates
a conflict of interest, and that the witness shall be
represented by personal counsel not from the government,
corporation, or association.
(b) A witness who is unable for economic reasons to obtain
counsel may inform the Committee at least 48 hours prior to the
witness's appearance, and it will endeavor to obtain volunteer
counsel for the witness. Such counsel shall be subject solely to
the control of the witness and not the Committee. Failure to
obtain counsel will not excuse the witness from appearing and
testifying.
5. Transcript. An accurate electronic or stenographic record shall
be kept of the testimony of all witnesses in executive and public
hearings. Any witness shall be afforded, upon request, the right to
review that portion of such record, and for this purpose, a copy of a
witness's testimony in public or closed session shall be provided to the
witness. Upon inspecting his transcript, within a time limit set by the
committee clerk, a witness may request changes in testimony to correct
errors of transcription, grammatical errors, and obvious errors of fact;
the Chairman or a staff officer designated by him shall rule on such
request.
6. Impugned Persons. Any person who believes that evidence
presented, or comment made by a Member or staff, at a public hearing or
at a closed hearing concerning which there have been public reports,
tends to impugn his character or adversely affect his reputation may:
(a) file a sworn statement of facts relevant to the evidence
or comment, which shall be placed in the hearing record;
(b) request the opportunity to appear personally before the
Committee to testify in his own behalf; and
(c) submit questions in writing which he requests be used for
the cross-examination of other witnesses called by the
Committee. The Chairman shall inform the Committee of such
requests for appearance or cross-examination. If the Committee
so decides, the requested questions, or paraphrased versions or
portions of them, shall be put to the other witness by a Member
or by staff.
7. Minority Witnesses. Whenever any hearing is conducted by the
Committee, the minority on the Committee shall be entitled, upon request
made by a majority of the minority Members to the Chairman, to call
witnesses selected by the minority to testify or produce documents with
respect to the measure or matter under consideration during at least one
day of the hearing. Such request must be made before the completion of
the hearing or, if subpoenas are required to call the minority
witnesses, no later than three days before the completion of the
hearing.
8. Conduct of Witnesses, Counsel and Members of the Audience. If,
during public or executive sessions, a witness, his counsel, or any
spectator conducts himself in such a manner as to prevent, impede,
disrupt, obstruct, or interfere with the orderly administration of such
hearing the Chairman or presiding Member of the Committee present during
such hearing may request the Sergeant at Arms of the Senate, his
representative or any law enforcement official to eject said person from
the hearing room.
VI. Depositions and Commissions
1. Notice. Notices for the taking of depositions in an investigation
authorized by the Committee shall be authorized and issued by the
Chairman or by a staff officer designated by him. Such notices shall
specify a time and place for examination, and the name of the staff
officer or officers who will take the deposition. Unless otherwise
specified, the deposition shall be in private. The Committee shall not
initiate procedures leading to criminal or civil enforcement proceedings
for a witness's failure to appear unless the deposition notice was
accompanied by a Committee subpoena.
2. Counsel. Witnesses may be accompanied at a deposition by counsel
to advise them of their rights, subject to the provisions of Rule V.4.
3. Procedure. Witnesses shall be examined upon oath administered by
an individual authorized by local law to administer oaths. Questions
shall be propounded orally by Committee staff. Objections by the
witnesses as to the form of questions shall be noted by the record. If a
witness objects to a question and refuses to testify on the basis of
relevance or privilege, the Committee staff may proceed with the
deposition, or may at that time or at a subsequent time, seek a ruling
by telephone or otherwise on the objection from a Member of the
Committee. If the Member overrules the objection, he may refer the
matter to the Committee or he may order and direct the witness to answer
the question, but the Committee shall not initiate the procedures
leading to civil or criminal enforcement unless the witness refuses to
testify after he has been ordered and directed to answer by a Member of
the Committee.
4. Filing. The Committee staff shall see that the testimony is
transcribed or electronically recorded. If it is transcribed, the
witness shall be furnished with a copy for review. No later than five
days thereafter, the witness shall return a signed copy, and the staff
shall enter the changes, if any, requested by the witness in accordance
with Rule V.6. If the witness fails to return a signed copy, the staff
shall note on the transcript the date a copy was provided and the
failure to return it. The individual administering the oath shall
certify on the transcript that the witness was duly sworn in his
presence, the transcriber shall certify that the transcript is a true
record to the testimony, and the transcript shall then be filed with the
Committee clerk. Committee staff may stipulate with the witness to
changes in this procedure; deviations from the procedure which do not
substantially impair the reliability of the record shall not relieve the
witness from his obligation to testify truthfully.
5. Commissions. The Committee may authorize the staff, by issuance
of commissions, to fill in prepared subpoenas, conduct field hearings,
inspect locations, facilities, or systems of records, or otherwise act
on behalf of the Committee. Commissions shall be accompanied by
instructions from the Committee regulating their use.
VII. Subcommittees
1. Establishment. The Committee will operate as a Committee of the
Whole, reserving to itself the right to establish temporary
subcommittees at any time by majority vote. The Chairman of the full
Committee and the Ranking Minority Member shall be ex-officio Members of
all subcommittees.
2. Jurisdiction. Within its jurisdiction, as described in the
Standing Rules of the Senate, each subcommittee is authorized to conduct
investigations, including use of subpoenas, depositions, and
commissions.
3. Rules. A subcommittee shall be governed by the Committee rules,
except that its quorum for all business shall be one-third of the
subcommittee Membership, and for hearings shall be one Member.
VIII. Reports
Committee reports incorporating Committee findings and
recommendations shall be printed only with the prior approval of the
Committee, after an adequate period for review and comment. The
printing, as Committee documents, of materials prepared by staff for
informational purposes, or the printing of materials not originating
with the Committee or staff, shall require prior consultation with the
minority staff; these publications shall have the following language
printed on the cover of the document: ``Note: This document has been
printed for informational purposes. It does not represent either
findings or recommendations formally adopted by the Committee.''
IX. Amendment of Rules
The rules of the Committee may be amended or revised at any time,
provided that not less than a majority of the Committee present so
determine at a Committee meeting preceded by at least 3 days notice of
the amendments or revisions proposed.
Authority and Rules of Senate Committees
Agriculture, Nutrition, and Forestry
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
(a)(1) Committee on Agriculture, Nutrition, and Forestry, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating primarily to the
following subjects:
1. Agricultural economics and research.
2. Agricultural extension services and experiment stations.
3. Agricultural production, marketing, and stabilization of prices.
4. Agriculture and agricultural commodities.
5. Animal industry and diseases.
6. Crop insurance and soil conservation.
7. Farm credit and farm security.
8. Food from fresh waters.
9. Food stamp programs.
10. Forestry, and forest reserves and wilderness areas other than
those created from the public domain.
11. Home economics.
12. Human nutrition.
13. Inspection of livestock, meat, and agricultural products.
14. Pests and pesticides.
15. Plant industry, soils, and agricultural engineering.
16. Rural development, rural electrification, and watersheds.
17. School nutrition programs.
(2) Such committee shall also study and review, on a comprehensive
basis, matters relating to food, nutrition, and hunger, both in the
United States and in foreign countries, and rural affairs, and report
thereon from time to time.
Rules of Procedure
141 Cong. Rec. S927 (daily ed. Jan. 13, 1995)
Rule 1--Meetings
1.1 Regular Meetings.--Regular meetings shall be held on the first
and third Wednesday's of each month when Congress is in session.
1.2 Additional Meetings.--The Chairman, in consultation with the
Ranking Minority Member, may call such additional meetings as he deems
necessary.
1.3 Notification.--In the case of any meeting of the Committee,
other than a regularly scheduled meeting, the Clerk of the Committee
shall notify every member of the Committee of the time and place of the
meeting and shall give reasonable notice which, except in extraordinary
circumstances, shall be at least 24 hours in advance of any meeting held
in Washington, D.C. and at least 48 hours in the case of any meeting
held outside Washington, D.C.
1.4 Called Meeting.--If three members of the Committee have made a
request in writing to the Chairman to call a meeting of the Committee,
and the Chairman fails to call such a meeting within seven calendar days
thereafter, including the day on which the written notice is submitted,
a majority of the members may call a meeting by filing a written notice
with the Clerk of the Committee who shall promptly notify each member of
the Committee in writing of the date and time of the meeting.
1.5 Adjournment of Meetings.--The Chairman of the Committee or a
subcommittee shall be empowered to adjourn any meeting of the Committee
or a subcommittee if a quorum is not present within fifteen minutes of
the time scheduled for such meeting.
Rule 2--Meetings and Hearings in General
2.1 Open Sessions.--Business meetings and hearings held by the
Committee or any subcommittee shall be open to the public except as
otherwise provided for in Senate Rule XXVI, paragraph 5.
2.2 Transcripts.--A transcript shall be kept of each business
meeting and hearing of the Committee or any subcommittee unless a
majority of the Committee or the subcommittee agrees that some other
form of permanent record is preferable.
2.3 Reports.--An appropriate opportunity shall be given the Minority
to examine the proposed text of Committee reports prior to their filing
or publication. In the event there are supplemental, minority, or
additional views, an appropriate opportunity shall be given the Majority
to examine the proposed text prior to filing or publication.
2.4 Attendance.--(a) meetings. Official attendance of all markups
and executive sessions of the Committee shall be kept by the Committee
Clerk. Official attendance of all subcommittee markups and executive
sessions shall be kept by the subcommittee Clerk.
(b) Hearings.--Official attendance of all hearings shall be kept,
provided that, Senators are notified by the Committee Chairman and
Ranking Minority Member, in the case of Committee hearings, and by the
subcommittee Chairman and Ranking Minority Member, in the case of
subcommittee hearings, 48 hours in advance of the hearing that
attendance will be taken. Otherwise, no attendance will be taken.
Attendance at all hearings is encouraged.
Rule 3--Hearing Procedures
3.1 Notice.--Public notice shall be given of the date, place, and
subject matter of any hearing to be held by the Committee or any
subcommittee at least one week in advance of such hearing unless the
Chairman of the full Committee or the subcommittee determines that the
hearing is noncontroversial or that special circumstances require
expedited procedures and a majority of the Committee or the subcommittee
involved concurs. In no case shall a hearing be conducted with less than
24 hours notice.
3.2 Witness Statements.--Each witness who is to appear before the
Committee or any subcommittee shall file with the Committee or
subcommittee, at least 24 hours in advance of the hearing, a written
statement of his or her testimony and as many copies as the Chairman of
the Committee or subcommittee prescribes.
3.3 Minority Witnesses.--In any hearing conducted by the Committee,
or any subcommittee thereof, the minority members of the Committee or
subcommittee shall be entitled, upon request to the Chairman by the
Ranking Minority Member of the Committee or subcommittee to call
witnesses of their selection during at least one day of such hearing
pertaining to the matter or matters heard by the Committee or
subcommittee.
3.4 Swearing in of Witnesses.--Witnesses in Committee or
subcommittee hearings may be required to give testimony under oath
whenever the Chairman or Ranking Minority Member of the Committee or
subcommittee deems such to be necessary.
3.5 Limitation.--Each member shall be limited to five minutes in the
questioning of any witness until such time as all members who so desire
have had an opportunity to question a witness. Questions from members
shall rotate from majority to minority members in order of seniority or
in order of arrival at the hearing.
Rule 4--Nominations
4.1 Assignment.--All nominations shall be considered by the full
Committee.
4.2 Standards.--In considering a nomination, the Committee shall
inquire into the nominee's experience, qualifications, suitability, and
integrity to serve in the position to which he or she has been
nominated.
4.3 Information.--Each nominee shall submit in response to questions
prepared by the Committee the following information:
(1) A detailed biographical resume which contains information
relating to education, employment, and achievements;
(2) Financial information, including a financial statement
which lists assets and liabilities of the nominee; and
(3) Copies of other relevant documents requested by the
Committee.
Information received pursuant to this subsection shall be available
for public inspection except as specifically designated confidential by
the Committee.
4.4 Hearings.--The Committee shall conduct a public hearing during
which the nominee shall be called to testify under oath on all matters
relating to his or her suitability for office. No hearing shall be held
until at least 48 hours after the nominee has responded to a pre-hearing
questionnaire submitted by the Committee.
4.5 Action on Confirmation.--A business meeting to consider a
nomination shall not occur on the same day that the hearing on the
nominee is held. The Chairman, with the agreement of the Ranking
Minority Member, may waive this requirement.
Rule 5--Quorums
5.1 Testimony.--For the purpose of receiving evidence, the swearing
of witnesses, and the taking of sworn or unsworn testimony at any duly
scheduled hearing, a quorum of the Committee and each subcommittee
thereof shall consist of one member.
5.2 Business.--A quorum for the transaction of Committee or
subcommittee business, other than for reporting a measure or
recommendation to the Senate or the taking of testimony, shall consist
of one-third of the members of the Committee or subcommittee, including
at least one member from each party.
5.3 Reporting.--A majority of the membership of the Committee shall
constitute a quorum for reporting bills, nominations, matters, or
recommendations to the Senate. No measure or recommendation shall be
ordered reported from the Committee unless a majority of the Committee
members are physically present. The vote of the Committee to report a
measure or matter shall require the concurrence of a majority of those
members who are physically present at the time the vote is taken.
Rule 6--Voting
6.1 Roll calls.--A roll call vote of the members shall be taken upon
the request of any member.
6.2 Proxies.--Voting by proxy as authorized by the Senate Rules for
specific bills or subjects shall be allowed whenever a quorum of the
Committee is actually present.
6.3 Polling.--The Committee may poll any matters of Committee
business, other than a vote on reporting to the Senate any measures,
matters or recommendations or a vote on closing a meeting or hearing to
the public, provided that every member is polled and every poll consists
of the following two questions:
(1) Do you agree or disagree to poll the proposal; and
(2) Do you favor or oppose the proposal.
If any member requests, any matter to be polled shall be held for
meeting rather than being polled. The chief clerk of the committee shall
keep a record of all polls.
Rule 7--Subcommittees
7.1 Assignments.--To assure the equitable assignment of members to
subcommittees, no member of the Committee will receive assignment to a
second subcommittee until, in order of seniority, all members of the
Committee have chosen assignments to one subcommittee, and no member
shall receive assignment to a third subcommittee until, in order of
seniority, all members have chosen assignments to two subcommittees.
7.2 Attendance.--Any member of the Committee may sit with any
subcommittee during a hearing or meeting but shall not have the
authority to vote on any matter before the subcommittee unless he or she
is a member of such subcommittee.
7.3 Ex Officio Members.--The Chairman and Ranking Minority Member
shall serve as nonvoting ex officio members of the subcommittees on
which they do not serve as voting members. The Chairman and Ranking
Minority Member may not be counted toward a quorum.
7.4 Scheduling.--No subcommittee may schedule a meeting or hearing
at a time designated for a hearing or meeting of the full Committee. No
more than one subcommittee business meeting may be held at the same
time.
7.5 Discharge.--Should a subcommittee fail to report back to the
full Committee on any measure within a reasonable time, the Chairman may
withdraw the measure from such subcommittee and report that fact to the
full Committee for further disposition. The full Committee may at any
time, by majority vote of those members present, discharge a
subcommittee from further consideration of a specific piece of
legislation.
7.6 Application of Committee Rules to Subcommittees.--The
proceedings of each subcommittee shall be governed by the rules of the
full Committee, subject to such authorizations or limitations as the
Committee may from time to time prescribe.
Rule 8--Investigations, Subpoenas and Depositions
8.1 Investigations.--Any investigation undertaken by the Committee
or a subcommittee in which depositions are taken or subpoenas issued,
must be authorized by a majority of the members of the Committee voting
for approval to conduct such investigation at a business meeting of the
Committee convened in accordance with Rule 1.
8.2 Subpoenas.--The Chairman, with the approval of the Ranking
Minority Member of the Committee, is delegated the authority to subpoena
the attendance of witnesses or the production of memoranda, documents,
records, or any other materials at a hearing of the Committee or a
subcommittee or in connection with the conduct of an investigation
authorized in accordance with paragraph 8.1. The Chairman may subpoena
attendance or production without the approval of the Ranking Minority
Member when the Chairman has not received notification from the Ranking
Minority Member of disapproval of the subpoena within 72 hours,
excluding Saturdays and Sundays, of being notified of the subpoena. If a
subpoena is disapproved by the Ranking Minority Member as provided in
this paragraph the subpoena may be authorized by vote of the members of
the Committee. When the Committee or Chairman authorizes subpoenas,
subpoenas may be issued upon the signature of the Chairman or any other
member of the Committee designated by the Chairman.
8.3 Notice for Taking Depositions.--Notices for the taking of
depositions, in an investigation authorized by the Committee, shall be
authorized and be issued by the Chairman or by a staff officer
designated by him. Such notices shall specify a time and place for
examination, and the name of the Senator, staff officer or officers who
will take the deposition. Unless otherwise specified, the deposition
shall be in private. The Committee shall not initiate procedures leading
to criminal or civil enforcement proceedings for a witness' failure to
appear unless the deposition notice was accompanied by a Committee
subpoena.
8.4 Procedure for Taking Depositions.--Witnesses shall be examined
upon oath administered by an individual authorized by local law to
administer oaths. The Chairman will rule, by telephone or otherwise, on
any objection by a witness. The transcript of a deposition shall be
filed with the Committee Clerk.
Rule 9--Amending the Rules
These rules shall become effective upon publication in the
Congressional Record. These rules may be modified, amended, or repealed
by the committee, provided that all members are present or provide
proxies or if a notice in writing of the proposed changes has been given
to each member at least 48 hours prior to the meeting at which action
thereon is to be taken. The changes shall become effective immediately
upon publication of the changed rule or rules in the Congressional
Record, or immediately upon approval of the changes if so resolved by
the Committee as long as any witnesses who may be affected by the change
in rules are provided with them.
Authority and Rules of Senate Committees
Appropriations
COMMITTEE ON APPROPRIATIONS
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(b) Committee on Appropriations, to which committee shall be
referred all proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Appropriation of the revenue for the support of the Government,
except as provided in subparagraph (e).
2. Rescission of appropriations contained in appropriation Acts
(referred to in section 105 of title 1, United States Code).
3. The amount of new spending authority described in section
401(c)(2) (A) and (B) of the Congressional Budget Act of 1974 which is
to be effective for a fiscal year.
4. New spending authority described in section 401(c)(2)(C) of the
Congressional Budget Act of 1974 provided in bills and resolutions
referred to the committee under section 401(b)(2) of that Act (but
subject to the provisions of section 401(b)(3) of that Act).
Rules of Procedure
141 Cong. Rec. S1473 (daily ed. Jan. 24, 1995)
I. Meetings
The Committee will meet at the call of the Chairman.
II. Quorums
1. Reporting a bill. A majority of the members must be present for
the reporting of a bill.
2. Other business. For the purpose of transacting business other
than reporting a bill or taking testimony, one-third of the members of
the Committee shall constitute a quorum.
3. Taking testimony. For the purpose of taking testimony, other than
sworn testimony, by the Committee or any subcommittee, one member of the
Committee or subcommittee shall constitute a quorum. For the purpose of
taking sworn testimony by the Committee, three members shall constitute
a quorum, and for the taking of sworn testimony by any subcommittee, one
member shall constitute a quorum.
III. Proxies--
Except for the reporting of a bill, votes may be cast by proxy when
any member so requests.
IV. Attendance of staff members at closed sessions--
Attendance of staff members at closed sessions of the Committee
shall be limited to those members of the Committee staff that have a
responsibility associated with the matter being considered at such
meeting. This rule may be waived by unanimous consent.
V. Broadcasting and photographing of Committee hearing--
The Committee or any of its subcommittees may permit the
photographing and broadcast of open hearings by television and/or radio.
However, if any member of a subcommittee objects to the photographing or
broadcasting of an open hearing, the question shall be referred to the
Full Committee for its decision.
VI. Availability of subcommittee reports--
To the extent possible, when the bill and report of any subcommittee
are available, they shall be furnished to each member of the Committee
thirty-six hours prior to the Committee's consideration of said bill and
report.
VII. Amendments and report language--
To the extent possible, amendments and report language intended to
be proposed by Senators at Full Committee markups shall be provided in
writing to the Chairman and Ranking Minority Member and the appropriate
subcommittee Chairman and Ranking Minority Member twenty-four hours
prior to such markups.
VIII. Points of order--
Any member of the Committee who is floor manager of an appropriation
bill, is hereby authorized to make points of order against any amendment
offered in violation of the Senate Rules on the floor of the Senate to
such appropriation bill.
Authority and Rules of Senate Committees
Armed Services
COMMITTEE ON ARMED SERVICES
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(c)(1) Committee on Armed Services, to which committee shall be
referred all proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Aeronautical and space activities peculiar to or primarily
associated with the development of weapons systems or military
operations.
2. Common defense.
3. Department of Defense, the Department of the Army, the Department
of the Navy, and the Department of the Air Force, generally.
4. Maintenance and operation of the Panama Canal, including
administration, sanitation, and government of the Canal Zone.
5. Military research and development.
6. National security aspects of nuclear energy.
7. Naval petroleum reserves, except those in Alaska.
8. Pay, promotion, retirement, and other benefits and privileges of
Members of the Armed Forces, including overseas education of civilian
and military dependents.
9. Selective service system.
10. Strategic and critical materials necessary for the common
defense.
(2) Such committee shall also study and review, on a comprehensive
basis, matters relating to the common defense policy of the United
States, and report thereon from time to time.
Rules of Procedure
141 Cong. Rec. S1616 (daily ed. Jan. 26, 1995)
1. Regular Meeting Day and Time.--In accordance with Senate rules,
the Committee shall meet at least once a month. Regular meeting day of
the committee shall be Tuesday and Thursday at 9:30 a.m., unless the
chairman directs otherwise.
2. Additional Meetings.--The chairman may call such additional
meetings as he deems necessary.
3. Special Meetings.--Special meetings of the committee may be
called by a majority of the members of the committee in accordance with
paragraph 3 of Rule XXVI of the Standing Rules of the Senate.
4. Open Meetings.--Each meeting of the committee, or any
subcommittee thereof, including meetings to conduct hearings, shall be
open to the public, except that a meeting or series of meetings by the
committee or a subcommittee thereof on the same subject for a period of
no more than fourteen (14) calendar days may be closed to the public on
a motion made and seconded to go into closed session to discuss only
whether the matters enumerated below in clauses (a) through (f) would
require the meeting to be closed, followed immediately by a record vote
in open session by a majority of the members of the committee or
subcommittee when it is determined that the matters to be discussed or
the testimony to be taken at such meeting or meetings--
(a) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(b) will relate solely to matters of committee staff personnel
or internal staff management or procedure;
(c) will tend to charge an individual with a crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy or will represent a clearly unwarranted
invasion of the privacy of an individual;
(d) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(e) will disclose information relating to the trade secrets or
financial or commercial information pertaining specifically to a
given person if--
(1) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(2) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person; or
(f) may divulge matters required to be kept confidential under
other provisions of law or Government regulations.
5. Presiding Officer.--The chairman shall preside at all meetings
and hearings of the committee except that in his absence the ranking
majority member present at the meeting or hearing shall preside unless
by majority vote the committee provides otherwise.
6. Quorum.--(a) A majority of the Members of the committee are
required to be actually present to report a matter or measure from the
committee. (See Standing Rules of the Senate 26.7(a)(1)).
(b) Except as provided in subsections (a) and (c), and other than
for the conduct of hearings, seven members of the committee shall
constitute a quorum for the transaction of such business as may be
considered by the committee.
(c) Three members of the committee, one of whom shall be a member of
the minority party, shall constitute a quorum for the purpose of taking
sworn testimony, unless otherwise ordered by a majority of the full
committee.
(d) Proxy votes may not be considered for the purpose of
establishing a quorum.
7. Proxy Voting.--Proxy voting shall be allowed on all measures and
matters before the committee. The vote by proxy of any member of the
committee may be counted for the purpose of reporting any measure or
matter to the Senate if the absent member casting such vote has been
informed of the matter on which he is being recorded and has
affirmatively requested that he be so recorded.
8. Announcement of Votes.--The results of all rollcall votes taken
in any meeting of the committee on any measure, or amendment thereto,
shall be announced in the committee report, unless previously announced
by the committee. The announcement shall include a tabulation of the
votes cast in favor and votes cast in opposition to each such measure
and amendment by each member of the committee who was present at such
meeting. The chairman may hold open a roll call vote on any measure or
matter which is before the committee until no later than midnight of the
day on which the committee votes on such measure or matter.
9. Subpoenas.--Subpoenas for attendance of witnesses and for the
production of memoranda, documents, records, and the like may be issued
by the chairman or any other member designated by him, but only when
authorized by a majority of the members of the committee. The subpoena
shall briefly state the matter to which the witness is expected to
testify or the documents to be produced.
10. Hearings.--(a) Public notice shall be given of the date, place
and subject matter of any hearing to be held by the committee, or any
subcommittee thereof, at least 1 week in advance of such hearing, unless
the committee or subcommittee determines that good cause exists for
beginning such hearings at an earlier time.
(b) Hearings may be initiated only by the specified authorization of
the committee or subcommittee.
(c) Hearings shall be held only in the District of Columbia unless
specifically authorized to be held elsewhere by a majority vote of the
committee or subcommittee conducting such hearings.
(d) Witnesses appearing before the committee shall file with the
clerk of the committee a written statement of their proposed testimony
prior to the hearing at which they are to appear unless the chairman and
the ranking minority member determine that there is good cause not to
file such a statement. Witnesses testifying on behalf of the
Administration shall furnish an additional 50 copies of their statement
to the Committee. All statements must be received by the Committee at
least 48 hours (not including weekends or holidays) before the hearing.
(e) Confidential testimony taken or confidential material presented
in a closed hearing of the committee or subcommittee or any report of
the proceedings of such hearing shall not be made public in whole or in
part or by way of summary unless authorized by a majority vote of the
committee or subcommittee.
(f) Any witness summoned to give testimony or evidence at a public
or closed hearing of the committee or subcommittee may be accompanied by
counsel of his own choosing who shall be permitted at all times during
such hearing to advise such witness of his legal rights.
(g) Witnesses providing unsworn testimony to the committee may be
given a transcript of such testimony for the purpose of making minor
grammatical corrections. Such witnesses will not, however, be permitted
to alter the substance of their testimony. Any question involving such
corrections shall be decided by the chairman.
11. Nominations.--Unless otherwise ordered by the committee,
nominations referred to the committee shall be held for at least seven
(7) days before being voted on by the committee. Each member of the
committee shall be furnished a copy of all nominations referred to the
committee.
12. Real Property Transactions.--Each member of the committee shall
be furnished with a copy of the proposals of the Secretaries of the
Army, Navy, and Air Force, submitted pursuant to 10 U.S.C. 2662 and with
a copy of the proposals of the Director of the Federal Emergency
Management Agency, submitted pursuant to 50 U.S.C. App. 2285, regarding
the proposed acquisition or disposition of property of an estimated
price or rental of more than $50,000. Any member of the committee
objecting to or requesting information on a proposed acquisition or
disposal shall communicate his objection or request to the chairman of
the committee within thirty (30) days from the date of submission.
13. Legislative Calendar.--(a) The clerk of the committee shall keep
a printed calendar for the information of each committee member showing
the bills introduced and referred to the committee and the status of
such bills. Such calendar shall be revised from time to time to show
pertinent changes in such bills, the current status thereof, and new
bills introduced and referred to the committee. A copy of each new
revision shall be furnished to each member of the committee.
(b) Unless otherwise ordered, measures referred to the committee
shall be referred by the clerk of the committee to the appropriate
department or agency of the Government for reports thereon.
14. Except as otherwise specified herein, the Standing Rules of the
Senate shall govern the actions of the committee. Each subcommittee of
the committee is part of the committee, and is therefore subject to the
committee's rules so far as applicable.
15. Powers and Duties of Subcommittees.--Each subcommittee is
authorized to meet, hold hearings, receive evidence, and report to the
full committee on all matters referred to it. Subcommittee chairmen
shall set dates for hearings and meetings of their respective
subcommittees after consultation with the chairman and other
subcommittee chairmen with a view toward avoiding simultaneous
scheduling of full committee and subcommittee meetings or hearings
whenever possible.
Authority and Rules of Senate Committees
Banking, Housing, and Urban Affairs
COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(d)(1) Committee on Banking, Housing, and Urban Affairs, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the following
subjects:
1. Banks, banking, and financial institutions.
2. Control of prices of commodities, rents, and services.
3. Deposit insurance.
4. Economic stabilization and defense production.
5. Export and foreign trade promotion.
6. Export controls.
7. Federal monetary policy, including Federal Reserve System.
8. Financial aid to commerce and industry.
9. Issuance and redemption of notes.
10. Money and credit, including currency and coinage.
11. Nursing home construction.
12. Public and private housing (including veterans' housing).
13. Renegotiation of Government contracts.
14. Urban development and urban mass transit.
(2) Such committee shall also study and review, on a comprehensive
basis, matters relating to international economic policy as it affects
United States monetary affairs, credit, and financial institutions;
economic growth, urban affairs, and credit, and report thereon from time
to time.
Rules of Procedure
141 Cong. Rec. S2975 (daily ed. Feb. 22, 1995)
Rule 1.--Regular Meeting Date for Committee
The regular meeting day for the Committee to transact its business
shall be the last Tuesday in each month that the Senate is in session;
except that if the Committee has met at any time during the month prior
to the last Tuesday of the month, the regular meeting of the Committee
may be canceled at the discretion of the Chairman.
Rule 2.--Committee
(a) Investigations.--No investigation shall be initiated by the
Committee unless the Senate, or the full Committee, or the Chairman and
Ranking Minority Member have specifically authorized such investigation.
(b) Hearings.--No hearing of the Committee shall be scheduled
outside the District of Columbia except by agreement between the
Chairman of the Committee and the Ranking Minority Member of the
Committee or by a majority vote of the Committee.
(c) Confidential Testimony.--No confidential testimony taken or
confidential material presented at an executive session of the Committee
or any report of the proceedings of such executive session shall be made
public either in whole or in part by way of summary, unless specifically
authorized by the Chairman of the Committee and the Ranking Minority
Member of the Committee or by a majority vote of the Committee.
(d) Interrogation of Witnesses.--Committee interrogation of a
witness shall be conducted only by members of the Committee or such
professional staff as is authorized by the Chairman or Ranking Minority
Member of the Committee.
(e) Prior Notice of Markup Sessions.--No session of the Committee or
a Subcommittee for marking up any measure shall be held unless (1) each
member of the Committee or the Subcommittee, as the case may be, has
been notified in writing of the date, time, and place of such session
and has been furnished a copy of the measure to be considered at least 3
business days prior to the commencement of such session, or (2) the
Chairman of the Committee or Subcommittee determines that exigent
circumstances exist requiring that the session be held sooner.
(f) Prior Notice of First Degree Amendments.--It shall not be in
order for the Committee or a Subcommittee to consider any amendment in
the first degree proposed to any measure under consideration by the
Committee or Subcommittee unless (1) fifty written copies of such
amendment have been delivered to the office of the Committee at least 2
business days prior to the meeting, or (2) with respect to multiple
first degree amendments, each of which would strike a single section of
the measure under consideration, fifty copies of a single written notice
listing such specific sections have been delivered to the Committee at
least 2 business days prior to the meeting. An amendment to strike a
section of the measure under consideration by the Committee or
Subcommittee shall not be amendable in the second degree by the Senator
offering the amendment to strike. This subsection may be waived by a
majority of the members of the Committee or Subcommittee voting, or by
agreement of the Chairman and Ranking Minority Member. This subsection
shall apply only when at least 3 business days written notice of a
session to mark up a measure is required to be given under subsection
(e) of this rule.
(g) Cordon Rule.--Whenever a bill or joint resolution repealing or
amending any statute or part thereof shall be before the Committee or
Subcommittee, from initial consideration in hearings through final
consideration, the Clerk shall place before each member of the Committee
or Subcommittee a print of the statute or the part or section thereof to
be amended or repealed showing by stricken-through type, the part or
parts to be omitted, and in italics, the matter proposed to be added. In
addition, whenever a member of the Committee or Subcommittee offers an
amendment to a bill or joint resolution under consideration, those
amendments shall be presented to the Committee or Subcommittee in a like
form, showing by typographical devices the effect of the proposed
amendment on existing law. The requirements of this subsection may be
waived when, in the opinion of the Committee or Subcommittee Chairman,
it is necessary to expedite the business of the Committee or
Subcommittee.
Rule 3.--Subcommittees
(a) Authorization for.--A Subcommittee of the Committee may be
authorized only by the action of a majority of the Committee.
(b) Membership.--No member may be a member of more than three
Subcommittees and no member may chair more than one Subcommittee. No
member will receive assignment to a second Subcommittee until, in order
of seniority, all members of the Committee have chosen assignments to
one Subcommittee, and no member shall receive assignment to a third
Subcommittee until, in order of seniority, all members have chosen
assignments to two Subcommittees.
(c) Investigations.--No investigation shall be initiated by a
Subcommittee unless the Senate or the full Committee has specifically
authorized such investigation.
(d) Hearings.--No hearing of a Subcommittee shall be scheduled
outside the District of Columbia without prior consultation with the
Chairman and then only by agreement between the Chairman of the
Subcommittee and the Ranking Minority Member of the Subcommittee or by a
majority vote of the Subcommittee.
(e) Confidential Testimony.--No confidential testimony taken or
confidential material presented at an executive session of the
Subcommittee or any report of the proceedings of such executive session
shall be made public, either in whole or in part or by way of summary,
unless specifically authorized by the Chairman of the Subcommittee and
the Ranking Minority Member of the Subcommittee, or by a majority vote
of the Subcommittee.
(f) Interrogation of Witnesses.--Subcommittee interrogation of a
witness shall be conducted only by members of the Subcommittee or such
professional staff as is authorized by the Chairman or the Ranking
Minority Member of the Subcommittee.
(g) Special Meetings.--If at least three members of a Subcommittee
desire that a special meeting of the Subcommittee be called by the
Chairman of the Subcommittee, those members may file in the offices of
the Committee their written request to the Chairman of the Subcommittee
for that special meeting. Immediately upon the filing of the request,
the Clerk of the Committee shall notify the Chairman of the Subcommittee
of the filing of the request. If, within 3 calendar days after the
filing of the written request, the Chairman of the Subcommittee does not
call the requested special meeting, to be held within 7 calendar days
after the filing of the request, a majority of the members of the
Subcommittee may file in the offices of the Committee their written
notice that a special meeting of the Subcommittee will be held,
specifying the date and hour of that special meeting. The Subcommittee
shall meet on that date and hour. Immediately upon the filing of the
notice, the Clerk of the Committee shall notify all members of the
Subcommittee that such special meeting will be held and inform them of
its date and hour. If the Chairman of the Subcommittee is not present at
any regular or special meeting of the Subcommittee, the ranking Member
of the majority party on the Subcommittee who is present shall preside
at that meeting.
(h) Voting.--No measure or matter shall be recommended from a
Subcommittee to the Committee unless a majority of the Subcommittee are
actually present. The vote of the Subcommittee to recommend a measure or
matter to the Committee shall require the concurrence of a majority of
the members of the Subcommittee voting. On Subcommittee matters other
than a vote to recommend a measure or matter to the Committee, no record
vote shall be taken unless a majority of the Subcommittee is actually
present. Any absent member of a Subcommittee may affirmatively request
that his or her vote to recommend a measure or matter to the Committee
or his vote on any such other matters on which a record vote is taken,
be cast by proxy. The proxy shall be in writing and shall be
sufficiently clear to identify the subject matter and to inform the
Subcommittee as to how the member wishes his or her vote to be recorded
thereon. By written notice to the Chairman of the Subcommittee any time
before the record vote on the measure or matter concerned is taken, the
member may withdraw a proxy previously given. All proxies shall be kept
in the files of the Committee.
Rule 4.--Witnesses
(a) Filing of Statements.--Any witness appearing before the
Committee or Subcommittee (including any witness representing a
Government agency) must file with the Committee or Subcommittee (24
hours preceding his or her appearance) 120 copies of his or her
statement to the Committee or Subcommittee, and the statement must
include a brief summary of the testimony. In the event that the witness
fails to file a written statement and brief summary in accordance with
this rule, the Chairman of the Committee or Subcommittee has the
discretion to deny the witness the privilege of testifying before the
Committee or Subcommittee until the witness has properly complied with
the rule.
(b) Length of Statements.--Written statements properly filed with
the Committee or Subcommittee may be as lengthy as the witness desires
and may contain such documents or other addenda as the witness feels is
necessary to present properly his or her views to the Committee or
Subcommittee. The brief summary included in the statement must be no
more than 3 pages long. It shall be left to the discretion of the
Chairman of the Committee or Subcommittee as to what portion of the
documents presented to the Committee or Subcommittee shall be published
in the printed transcript of the hearings.
(c) Ten-Minute Duration.--Oral statements of witnesses shall be
based upon their filed statements but shall be limited to 10 minutes
duration. This period may be limited or extended at the discretion of
the Chairman presiding at the hearings.
(d) Subpoena of Witnesses.--Witnesses may be subpoenaed by the
Chairman of the Committee or a Subcommittee with the agreement of the
Ranking Minority Member of the Committee or Subcommittee or by a
majority vote of the Committee or Subcommittee.
(e) Counsel Permitted.--Any witness subpoenaed by the Committee or
Subcommittee to a public or executive hearing may be accompanied by
counsel of his or her own choosing who shall be permitted, while the
witness is testifying, to advise him or her of his or her legal rights.
(f) Expenses of Witnesses.--No witness shall be reimbursed for his
or her appearance at a public or executive hearing before the Committee
or Subcommittee unless such reimbursement is agreed to by the Chairman
and Ranking Minority Member of the Committee.
(g) Limits of Questions.--Questioning of a witness by Members shall
be limited to 5 minutes duration when 5 or more Members are present and
10 minutes duration when less than 5 Members are present, except that if
a member is unable to finish his or her questioning in this period, he
or she may be permitted further questions of the witness after all
members have been given an opportunity to question the witness.
Additional opportunity to question a witness shall be limited to a
duration of 5 minutes until all members have been given the opportunity
of questioning the witness for a second time. This 5-minute period per
member will be continued until all members have exhausted their
questions of the witness.
Rule 5.--Voting
(a) Vote To Report a Measure or Matter.--No measure or matter shall
be reported from the Committee unless a majority of the Committee is
actually present. The vote of the Committee to report a measure or
matter shall require the concurrence of a majority of the members of the
Committee who are present.
Any absent member may affirmatively request that his or her vote to
report a matter be cast by proxy. The proxy shall be sufficiently clear
to identify the subject matter, and to inform the Committee as to how
the member wishes his vote to be recorded thereon. By written notice to
the Chairman any time before the record vote on the measure or matter
concerned is taken, any Member may withdraw a proxy previously given.
All proxies shall be kept in the files of the Committee, along with the
record of the rollcall vote of the Members present and voting, as an
official record of the vote on the measure or matter.
(b) Vote on Matters Other Than To Report a Measure or Matter.--On
Committee matters other than a vote to report a measure or matter, no
record vote shall be taken unless a majority of the Committee is
actually present. On any such other matter, a member of the Committee
may request that his or her vote may be cast by proxy. The proxy shall
be in writing and shall be sufficiently clear to identify the subject
matter, and to inform the Committee as to how the member wishes his or
her vote to be recorded thereon. By written notice to the Chairman any
time before the vote on such other matter is taken, the member may
withdraw a proxy previously given. All proxies relating to such other
matters shall be kept in the files of the Committee.
Rule 6.--Quorum
No executive session of the Committee or a Subcommittee shall be
called to order unless a majority of the Committee or Subcommittee, as
the case may be, are actually present. Unless the Committee otherwise
provides or is required by the Rules of the Senate, one member shall
constitute a quorum for the receipt of evidence, the swearing in of
witnesses, and the taking of testimony.
Rule 7.--Staff Present on Dais
Only members and the Clerk of the Committee shall be permitted on
the dais during public or executive hearings, except that a member may
have one staff person accompany him or her during such public or
executive hearing on the dais. If a member desires a second staff person
to accompany him or her on the dais he or she must make a request to the
Chairman for that purpose.
Rule 8.--Coinage Legislation
At least 40 Senators must cosponsor any gold medal or commemorative
coin bill or resolution before consideration by the Committee.
Committee Procedures for Presidential Nominees
Procedures formally adopted by the U.S. Senate Committee on Banking,
Housing and Urban Affairs, February 4, 1981, establish a uniform
questionnaire for all Presidential nominees whose confirmation hearings
come before this Committee.
In addition, the procedures establish that:
(1) A confirmation hearing shall normally be held at least 5 days
after receipt of the completed questionnaire by the Committee unless
waived by a majority vote of the Committee.
(2) The Committee shall vote on the confirmation not less than 24
hours after the Committee has received transcripts of the hearing unless
waived by unanimous consent.
(3) All nominees routinely shall testify under oath at their
confirmation hearings.
This questionnaire shall be made a part of the public record except
for financial information, which shall be kept confidential.
Nominees are requested to answer all questions, and to add
additional pages where necessary.
Authority and Rules of Senate Committees
Budget
COMMITTEE ON THE BUDGET
Jurisdiction
A. Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(e)(1) Committee on the Budget, to which committee shall be referred
all concurrent resolutions on the budget (as defined in section 3(a)(4)
of the Congressional Budget Act of 1974) and all other matters required
to be referred to that committee under titles III and IV of that Act,
and messages, petitions, memorials, and other matters relating thereto.
(2) Such committee shall have the duty--
(A) to report the matters required to be reported by it under
titles III and IV of the Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on budget outlays
of relevant existing and proposed legislation and to report the
results of such studies to the Senate on a recurring basis;
(C) to request and evaluate continuing studies of tax
expenditures, to devise methods of coordinating tax
expenditures, policies, and programs with direct budget outlays,
and to report the results of such studies to the Senate on a
recurring basis; and
(D) to review, on a continuing basis, the conduct by the
Congressional Budget Office of its functions and duties.
B. Standing Order on the Referral of Budget Process Legislation, 123
Cong. Rec. 26709 (1977)
[L]egislation affecting the congressional budget process, as
described below, [shall] be referred jointly to the Committees on the
Budget and on Governmental Affairs. If one committee acts to report a
jointly-referred measure, the other must act within 30 calendar days of
continuous possession, or be automati[c]ally discharged.
Legislative proposals affecting the congressional budget process to
which this order applies are:
First. The functions, duties, and powers of the Budget
Committee--as described in title I of the act; \1\
\1\ The act referred to in this standing order is the Congressional
Budget and Impoundment Act of 1974, Pub. L. No. 93-344, 88 Stat. 297.
---------------------------------------------------------------------------
Second. The functions, duties, and powers of the Congressional
Budget Office--as described in title[s] II and IV of the act[;]
Third. The process by which Congress annually establishes the
appropriate levels of budget authority, outlays, revenues,
deficits or surpluses, and public debt--including subdivisions
thereof. That process includes the establishment of:
mandatory ceilings on spending and appropriations;
a floor on revenues;
timetables for congressional action on concurrent
resolutions, on the reporting of authorization bills,
and on the enactment of appropriation bills; and
enforcement mechanisms for the limits and timetables,
all as described in titles III and IV of the act[;]
Fourth. The limiting of backdoor spending device[s]--as
described in title IV of the act;
Fifth. The timetables for Presidential submission of
appropriations and authorization requests--as described in title
VI of the act;
Sixth. The definitions of what constitutes impoundment--such
as ``rescissions'' and ``deferrals,'' as provided in the
Impoundment Control Act, title X;
Seventh. The process and determination by which impoundments
must be reported to and considered by Congress--as provided in
the Impoundment Control Act, title X;
Eighth. The mechanisms to insure Executive compliance with the
provisions of the Impoundment Control Act, title X--such as GAO
review and lawsuits; and
Ninth. The provisions which affect the content or
determination of amounts included in or excluded from the
congressional budget or the calculation of such amounts,
including the definition of terms provided by the Budget Act--as
set forth in title I thereof.
C. S. Res. 45, 94th Cong., 1st Sess. (1975) \2\
\2\ As amended by unanimous consent, see 132 Cong. Rec. 7318 (1986).
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RESOLUTION
Relative to the referral of measures relating to the budget.
Resolved, (1) That messages received pursuant to title X of
the Congressional Budget and Impoundment Control Act be referred
concurrently to the Appropriations Committee, to the Budget
Committee, and to any other appropriate authorizing committee.
(2) That bills, resolutions, and joint resolutions introduced
with respect to rescissions and deferrals shall be referred to
the Appropriations Committee, the Budget Committee, and pending
implementation of section 410 of the Congressional Budget
Impoundment Control Act and subject to section 401(d), to any
other committee exercising jurisdiction over contract and
borrowing authority programs as defined by section 401(c)(2) (A)
and (B). The Budget Committee and such other committees shall
report their views, if any, to the Appropriations Committee
within 20 days following referral of such messages, bills,
resolutions, or joint resolutions. The Budget Committee's
consideration shall extend only to macroeconomic implications,
impact on priorities and aggregate spending levels, and the
legality of the President's use of the deferral and rescission
mechanism under title X. The Appropriations and authorizing
committees shall exercise their normal responsibilities over
programs and priorities.
(3) If any committee to which a bill or resolution has been
referred recommends its passage, the Appropriations Committee
shall report that bill or resolution together with its views and
reports of the Budget and any appropriate authorizing committees
to the Senate within--
(A) the time remaining under the Act in the case of
rescissions, or
(B) within 20 days in the case of deferrals.
(4) The 20 day period referred to herein means twenty calendar
days; and for the purposes of computing the twenty days,
recesses or adjournments of the Senate for more than 3 days to a
day certain shall not be counted; and for recesses and
adjournments of more than 30 calendar days continuous duration
or the sine die adjournment of a session, the 20 day period
shall begin anew on the day following the reconvening of the
Senate.
Rules of Procedure
141 Cong. Rec. S688 (daily ed. Jan. 10, 1995)
I. Meetings
(1) The committee shall hold its regular meeting on the first
Thursday of each month. Additional meetings may be called by the chair
as the chair deems necessary to expedite committee business.
(2) Each meeting of the Committee on the Budget of the Senate,
including meetings to conduct hearings, shall be open to the public,
except that a portion or portions of any such meeting may be closed to
the public if the committee determines by record vote in open session of
a majority of the members of the committee present that the matters to
be discussed or the testimony to be taken at such portion or portions--
(a) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(b) will relate solely to matters of the committee staff
personnel or internal staff management or procedure;
(c) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(d) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(e) will disclose information relating to the trade secrets or
financial or commercial information pertaining specifically to a
given person if--
(i) an act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(ii) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person.
(f) may divulge matters required to be kept confidential under
other provisions of law or Government regulations.
II. Quorums and Voting
(1) Except as provided in paragraphs (2) and (3) of this section, a
quorum for the transaction of committee business shall consist of not
less than one-third of the Membership of the entire committee: Provided,
that proxies shall not be counted in making a quorum.
(2) A majority of the committee shall constitute a quorum for
reporting budget resolutions, legislative measures or recommendations:
Provided, that proxies shall not be counted in making a quorum.
(3) For the purpose of taking sworn or unsworn testimony, a quorum
of the committee shall consist of one Senator.
(4)(a) The Committee may poll--
(i) internal Committee matters including those
concerning the Committee's staff, records, and budget;
(ii) steps in an investigation, including issuance of
subpoenas, applications for immunity orders, and
requests for documents from agencies; and
(iii) other Committee business that the Committee has
designated for polling at a meeting, except that the
Committee may not vote by poll on reporting to the
Senate any measure, matter, or recommendation, and may
not vote by poll on closing a meeting or hearing to the
public.
(b) To conduct a poll, the Chair shall circulate polling sheets to
each Member specifying the matter being polled and the time limit for
completion of the poll. If any Member requests, the matter shall be held
for a meeting rather than being polled. The chief clerk shall keep a
record of polls; if the committee determines by record vote in open
session of a majority of the members of the committee present that the
polled matter is one of those enumerated in rule I(2)(a)-(f), then the
record of the poll shall be confidential. Any Member may move at the
Committee meeting following a poll for a vote on the polled decision.
III. Proxies
When a record vote is taken in the committee on any bill,
resolution, amendment, or any other question, a quorum being present, a
Member who is unable to attend the meeting may vote by proxy if the
absent Member has been informed of the matter on which the vote is being
recorded and has affirmatively requested to be so recorded; except that
no Member may vote by proxy during the deliberations on Budget
Resolutions.
IV. Hearings and Hearing Procedures
(1) The committee shall make public announcement of the date, place,
time, and subject matter of any hearing to be conducted on any measure
or matter at least 1 week in advance of such hearing, unless the Chair
and Ranking Minority Member determine that there is good cause to begin
such hearing at an earlier date.
(2) A witness appearing before the committee shall file a written
statement of proposed testimony at least 1 day prior to appearance,
unless the requirement is waived by the Chair and the Ranking Minority
Member, following their determination that there is good cause for the
failure of compliance.
V. Committee Reports
(1) When the committee has ordered a measure or recommendation
reported, following final action, the report thereon shall be filed in
the Senate at the earliest practicable time.
(2) A Member of the committee who gives notice of an intention to
file supplemental, minority, or additional views at the time of final
committee approval of a measure or matter, shall be entitled to not less
than 3 calendar days in which to file such views, in writing, with the
chief clerk of the committee. Such views shall then be included in the
committee report and printed in the same volume, as a part thereof, and
their inclusions shall be noted on the cover of the report. In the
absence of timely notice, the committee report may be filed and printed
immediately without such views.
Authority and Rules of Senate Committees
Commerce, Science, and Transportation
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(f)(1) Committee on Commerce, Science, and Transportation, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the following
subjects:
1. Coast Guard.
2. Coastal zone management.
3. Communications.
4. Highway safety.
5. Inland waterways, except construction.
6. Interstate commerce.
7. Marine and ocean navigation, safety, and transportation,
including navigational aspects of deepwater ports.
8. Marine fisheries.
9. Merchant marine and navigation.
10. Nonmilitary aeronautical and space sciences.
11. Oceans, weather, and atmospheric activities.
12. Panama Canal and interoceanic canals generally, except as
provided in subparagraph (c).
13. Regulation of consumer products and services, including testing
related to toxic substances, other than pesticides, and except for
credit, financial services, and housing.
14. Regulation of interstate common carriers, including railroads,
buses, trucks, vessels, pipelines, and civil aviation.
15. Science, engineering, and technology research and development
and policy.
16. Sports.
17. Standards and measurement.
18. Transportation.
19. Transportation and commerce aspects of Outer Continental Shelf
lands.
(2) Such committee shall also study and review, on a comprehensive
basis, all matters relating to science and technology, oceans policy,
transportation, communications, and consumer affairs, and report thereon
from time to time.
Rules of Procedure
141 Cong. Rec. S1140 (daily ed. Jan. 19, 1995)
I. Meetings of the Committee
1. The regular meeting dates of the Committee shall be the first and
third Tuesdays of each month. Additional meetings may be called by the
Chairman as he or she may deem necessary or pursuant to the provisions
of paragraph 3 of rule XXVI of the Standing Rules of the Senate.
2. Meetings of the Committee, or any subcommittee, including
meetings to conduct hearings, shall be open to the public, except that a
meeting or series of meetings by the Committee, or any subcommittee, on
the same subject for a period of no more than 14 calendar days may be
closed to the public on a motion made and seconded to go into closed
session to discuss only whether the matters enumerated in subparagraphs
(A) through (F) would require the meeting to be closed followed
immediately by a record vote in open session by a majority of the
members of the Committee, or any subcommittee, when it is determined
that the matters to be discussed or the testimony to be taken at such
meeting or meetings--
(A) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(B) will relate solely to matters of Committee staff personnel
or internal staff management or procedure;
(C) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(D) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(E) will disclose information relating to the trade secrets of
financial or commercial information pertaining specifically to a
given person if--
(1) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(2) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person; or
(F) may divulge matters required to be kept confidential under
other provisions of law or Government regulations.
3. Each witness who is to appear before the Committee or any
subcommittee shall file with the Committee, at least 24 hours in advance
of the hearing, a written statement of his or her testimony in as many
copies as the Chairman of the Committee or subcommittee prescribes.
4. Field hearings of the full Committee, and any subcommittee
thereof, shall be scheduled only when authorized by the Chairman and
ranking minority member of the full Committee.
II. Quorums
1. Ten members shall constitute a quorum for official action of the
Committee when reporting a bill or nomination; provided that proxies
shall not be counted in making a quorum.
2. Seven members shall constitute a quorum for the transaction of
all business as may be considered by the Committee, except for the
reporting of a bill or nomination; provided that proxies shall not be
counted in making a quorum.
3. For the purpose of taking sworn testimony a quorum of the
Committee and each subcommittee thereof, now or hereafter appointed,
shall consist of one Senator.
III. Proxies
When a record vote is taken in the Committee on any bill,
resolution, amendment, or any other question, a majority of the members
being present, a member who is unable to attend the meeting may submit
his or her vote by proxy, in writing or by telephone, or through
personal instructions.
IV. Broadcasting of Hearings
Public hearings of the full Committee, or any subcommittee thereof,
shall be televised or broadcast only when authorized by the Chairman and
the ranking minority member of the full Committee.
V. Subcommittees
1. Any member of the Committee may sit with any subcommittee during
its hearings or any other meeting but shall not have the authority to
vote on any matter before the subcommittee unless he or she is a member
of such subcommittee.
2. Subcommittees shall be considered de novo whenever there is a
change in the chairmanship, and seniority on the particular subcommittee
shall not necessarily apply.
Authority and Rules of Senate Committees
Energy and Natural Resources
COMMITTEE ON ENERGY AND NATURAL RESOURCES
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(g)(1) Committee on Energy and Natural Resources, to which committee
shall be referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following subjects:
1. Coal production, distribution, and utilization.
2. Energy policy.
3. Energy regulation and conservation.
4. Energy related aspects of deepwater ports.
5. Energy research and development.
6. Extraction of minerals from oceans and Outer Continental Shelf
lands.
7. Hydroelectric power, irrigation, and reclamation.
8. Mining education and research.
9. Mining, mineral lands, mining claims, and mineral conservation.
10. National parks, recreation areas, wilderness areas, wild and
scenic rivers, historical sites, military parks and battlefields, and on
the public domain, preservation of prehistoric ruins and objects of
interest.
11. Naval petroleum reserves in Alaska.
12. Nonmilitary development of nuclear energy.
13. Oil and gas production and distribution.
14. Public lands and forests, including farming and grazing thereon,
and mineral extraction therefrom.
15. Solar energy systems.
16. Territorial possessions of the United States, including
trusteeships.
(2) Such committee shall also study and review, on a comprehensive
basis, matters relating to energy and resources development, and report
thereon from time to time.
Rules of Procedure
141 Cong. Rec. S2139 (daily ed. Feb. 3, 1995)
General Rules
Rule 1. The Standing Rules of the Senate as supplemented by these
rules, are adopted as the rules of the Committee and its Subcommittees.
Meetings of the Committee
Rule 2. (a) The Committee shall meet on the third Wednesday of each
month while the Congress is in session for the purpose of conducting
business, unless, for the convenience of Members, the Chairman shall set
some other day for a meeting. Additional meetings may be called by the
Chairman as he may deem necessary.
(b) Business meetings of any Subcommittee may be called by the
Chairman of such Subcommittee, Provided, That no Subcommittee meeting or
hearing other than a field hearing, shall be scheduled or held
concurrently with a full Committee meeting or hearing, unless a majority
of the Committee concurs in such concurrent meeting or hearing.
Open Hearings and Meetings
Rule 3. (a) Hearings and business meetings of the Committee or any
Subcommittee shall be open to the public except when the Committee or
such Subcommittee by majority vote orders a closed hearing or meeting.
(b) A transcript shall be kept of each hearing of the Committee or
any Subcommittee.
(c) A transcript shall be kept of each business meeting of the
Committee or any Subcommittee unless a majority of the Committee or the
Subcommittee involved agrees that some other form of permanent record is
preferable.
Hearing Procedure
Rule 4. (a) Public notice shall be given of the date, place, and
subject matter of any hearing to be held by the Committee or any
Subcommittee at least one week in advance of such hearing unless the
Chairman of the full Committee or the Subcommittee involved determines
that the hearing is non-controversial or that special circumstances
require expedited procedures and a majority of the Committee or the
Subcommittee involved concurs. In no case shall a hearing be conducted
with less than twenty-four hours notice.
(b) Each witness who is to appear before the Committee or any
Subcommittee shall file with the Committee or Subcommittee, at least 24
hours in advance of the hearing, a written statement of his or her
testimony in as many copies as the Chairman of the Committee or
Subcommittee prescribes.
(c) Each Member shall be limited to five minutes in the questioning
of any witness until such time as all Members who so desire have had an
opportunity to question the witness.
(d) The Chairman and Ranking Minority Member or the Ranking Majority
and Minority Members present at the hearing may each appoint one
Committee staff Member to question each witness. Such staff member may
question the witness only after all Members present have completed their
questioning of the witness or at such other time as the Chairman and the
Ranking Majority and Minority Members present may agree.
Business Meeting Agenda
Rule 5. (a) A legislative measure or subject shall be included on
the agenda of the next following business meeting of the full Committee
or any Subcommittee if a written request for such inclusion has been
filed with the Chairman of the Committee or Subcommittee at least one
week prior to such meeting. Nothing in this rule shall be construed to
limit the authority of the Chairman of the Committee or Subcommittee to
include legislative measures or subjects on the Committee or
Subcommittee agenda in the absence of such request.
(b) The agenda for any business meeting of the Committee or any
Subcommittee shall be provided to each Member and made available to the
public at least three days prior to such meeting, and no new items may
be added after the agenda is so published except by the approval of a
majority of the Members of the Committee or Subcommittee. The Staff
Director shall promptly notify absent Members of any action taken by the
Committee or any Subcommittee on matters not included on the published
agenda.
Quorums
Rule 6. (a) Except as provided in subsections (b), (c), and (d), six
Members shall constitute a quorum for the conduct of business of the
Committee.
(b) No measure or matter shall be ordered reported from the
Committee unless ten Members of the Committee are actually present at
the time such action is taken.
(c) Except as provided in subsection (d), one-third of the
Subcommittee Members shall constitute a quorum for the conduct of
business of any Subcommittee.
(d) One Member shall constitute a quorum for the purpose of
conducting a hearing or taking testimony on any measure or matter before
the Committee or any Subcommittee.
Voting
Rule 7. (a) A rollcall of the Members shall be taken upon the
request on any Member. Any Member who does not vote on any rollcall at
the time the roll is called, may vote (in person or by proxy) on that
rollcall at any later time during the same business meeting.
(b) Proxy voting shall be permitted on all matters, except that
proxies may not be counted for the purpose of determining the presence
of a quorum. Unless further limited, a proxy shall be exercised only
upon the date for which it is given and upon the items published in the
agenda for that date.
(c) Each Committee report shall set forth the vote on the motion to
report the measure or matter involved. Unless the Committee directs
otherwise, the report will not set out any votes on amendments offered
during Committee consideration. Any Member who did not vote on any
rollcall shall have the opportunity to have his position recorded in the
appropriate Committee record or Committee report.
(d) The Committee vote to report a measure to the Senate shall also
authorize the staff of the Committee to make necessary technical and
clerical corrections in the measure.
Subcommittees
Rule 8. (a) The number of Members assigned to each Subcommittee and
the division between Majority and Minority Members shall be fixed by the
Chairman in consultation with the Ranking Minority Member.
(b) Assignment of Members to Subcommittees shall, insofar as
possible, reflect the preferences of the Members. No Member will receive
assignment to a second Subcommittee until, in order of seniority, all
Members of the Committee have chosen assignments to one Subcommittee,
and no Member shall receive assignment to a third Subcommittee until, in
order of seniority, all Members have chosen assignments to two
Subcommittees.
(c) Any Member of the Committee may sit with any Subcommittee during
its hearings and business meetings but shall not have the authority to
vote on any matters before the Subcommittee unless he is a Member of
such Subcommittee.
Sworn Testimony and Financial Statements
Rule 9. Witnesses in Committee or Subcommittee hearings may be
required to give testimony under oath whenever the Chairman or Ranking
Minority Member of the Committee or Subcommittee deems such to be
necessary. At any hearing to confirm a Presidential nomination, the
testimony of the nominee and at the request of any Member, any other
witness shall be under oath. Every nominee shall submit a statement of
his financial interests, including those of his spouse, his minor
children, and other Members of his immediate household, on a form
approved by the Committee, which shall be sworn to by the nominee as to
its completeness and accuracy. A statement of every nominee's financial
interest shall be made public on a form approved by the Committee,
unless the Committee in executive session determines that special
circumstances require a full or partial exception to this rule. Members
of the Committee are urged to make public a statement of their financial
interests in the form required in the case of Presidential nominees
under this rule.
Confidential Testimony
Rule 10. No confidential testimony taken by or confidential material
presented to the Committee or any Subcommittee, or any report of the
proceedings of a closed Committee or Subcommittee hearing or business
meeting, shall be made public, in whole or in part or by way of summary,
unless authorized by a majority of the Members of the Committee at a
business meeting called for the purpose of making such a determination.
Defamatory Statements
Rule 11. Any person whose name is mentioned or who is specifically
identified in, or who believes that testimony or other evidence
presented at, an open Committee or Subcommittee hearing tends to defame
him or otherwise adversely affect his reputation may file with the
Committee for its consideration and action a sworn statement of facts
relevant to such testimony or evidence.
Broadcasting of Hearings or Meetings
Rule 12. Any meeting or hearing by the Committee or any Subcommittee
which is open to the public may be covered in whole or in part by
television broadcast, radio broadcast, or still photography.
Photographers and reporters using mechanical recording, filming, or
broadcasting devices shall position their equipment so as not to
interfere with the seating, vision, and hearing of Members and staff on
the dais or with the orderly process of the meeting or hearing.
Amending the Rules
Rule 13. These rules may be amended only by vote of a majority of
all the Members of the Committee in a business meeting of the Committee:
Provided, That no vote may be taken on any proposed amendment unless
such amendment is reproduced in full in the Committee agenda for such
meeting at least three days in advance of such meeting.
Authority and Rules of Senate Committees
Environment and Public Works
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(h)(1) Committee on Environment and Public Works, to which committee
shall be referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following subjects:
1. Air pollution.
2. Construction and maintenance of highways.
3. Environmental aspects of Outer Continental Shelf lands.
4. Environmental effects of toxic substances, other than
pesticides.
5. Environmental policy.
6. Environmental research and development.
7. Fisheries and wildlife.
8. Flood control and improvements of rivers and harbors, including
environmental aspects of deepwater ports.
9. Noise pollution.
10. Nonmilitary environmental regulation and control of nuclear
energy.
11. Ocean dumping.
12. Public buildings and improved grounds of the United States
generally, including Federal buildings in the District of Columbia.
13. Public works, bridges, and dams.
14. Regional economic development.
15. Solid waste disposal and recycling.
16. Water pollution.
17. Water resources.
(2) Such committee shall also study and review, on a comprehensive
basis, matters relating to environmental protection and resource
utilization and conservation, and report thereon from time to time.
Rules of Procedure
141 Cong. Rec. S1023 (daily ed. Jan. 18, 1995)
Rule 1. Committee Meetings in General
(a) Regular Meeting Days: For purposes of complying with paragraph 3
of Senate Rule XXVI, the regular meeting day of the committee is the
first and third Thursday of each month at 10:00 a.m. If there is no
business before the committee, the regular meeting shall be omitted.
(b) Additional Meetings: The chairman may call additional meetings,
after consulting with the ranking minority member. Subcommittee chairmen
may call meetings, with the concurrence of the chairman of the
committee, after consulting with the ranking minority members of the
subcommittee and the committee.
(c) Presiding Officer:
(1) The chairman shall preside at all meetings of the
committee. If the chairman is not present, the ranking majority
member who is present shall preside.
(2) Subcommittee chairmen shall preside at all meetings of
their subcommittees. If the subcommittee chairman is not
present, the ranking majority member of the subcommittee who is
present shall preside.
(3) Notwithstanding the rule prescribed by paragraphs (1) and
(2), any member of the committee may preside at a hearing.
(d) Open Meetings: Meetings of the committee and subcommittees,
including hearings and business meetings, are open to the public. A
portion of a meeting may be closed to the public if the committee
determines by rollcall vote of a majority of the members present that
the matters to be discussed or the testimony to be taken--
(1) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(2) relate solely to matters of committee staff personnel or
internal staff management or procedure; or
(3) constitute any other grounds for closure under paragraph
5(b) of Senate Rule XXVI.
(e) Broadcasting:
(1) Public meetings of the committee or a subcommittee may be
televised, broadcast, or recorded by a member of the Senate
press gallery or an employee of the Senate.
(2) Any member of the Senate Press Gallery or employee of the
Senate wishing to televise, broadcast, or record a committee
meeting must notify the staff director or the staff director's
designee by 5:00 p.m. the day before the meeting.
(3) During public meetings, any person using a camera,
microphone, or other electronic equipment may not position or
use the equipment in a way that interferes with the seating,
vision, or hearing of committee members or staff on the dais, or
with the orderly process of the meeting.
Rule 2. Quorums
(a) Business Meetings: At committee business meetings, six members,
at least two of whom are members of the minority party, constitute a
quorum, except as provided in subsection (d).
(b) Subcommittee Meetings: At subcommittee business meetings, a
majority of the subcommittee members, at least one of whom is a member
of the minority party, constitutes a quorum for conducting business.
(c) Continuing Quorum: Once a quorum as prescribed in subsections
(a) and (b) has been established, the committee or subcommittee may
continue to conduct business.
(d) Reporting: No measure or matter may be reported by the committee
unless a majority of committee members cast votes in person.
(e) Hearings: One member constitutes a quorum for conducting a
hearing.
Rule 3. Hearings
(a) Announcements: Before the committee or a subcommittee holds a
hearing, the chairman of the committee or subcommittee shall make a
public announcement and provide notice to members of the date, place,
time, and subject matter of the hearing. The announcement and notice
shall be issued at least one week in advance of the hearing, unless the
chairman of the committee or subcommittee, with the concurrence of the
ranking minority member of the committee or subcommittee, determines
that there is good cause to provide a shorter period, in which event the
announcement and notice shall be issued at least 24 hours in advance of
the hearing.
(b) Statements of Witnesses:
(1) A witness who is scheduled to testify at a hearing of the
committee or a subcommittee shall file 100 copies of the written
testimony at least 48 hours before the hearing. If a witness
fails to comply with this requirement, the presiding officer may
preclude the witness's testimony. This rule may be waived for
field hearings, except for witnesses from the Federal
Government.
(2) The presiding officer at a hearing may have a witness
confine the oral presentation to a summary of the written
testimony.
Rule 4. Business Meetings: Notice and Filing Requirements
(a) Notice: The chairman of the committee or the subcommittee shall
provide notice, the agenda of business to be discussed, and the text of
agenda items to members of the committee or subcommittee at least 72
hours before a business meeting.
(b) Amendments: First-degree amendments must be filed with the
chairman of the committee or the subcommittee at least 24 hours before a
business meeting. After the filing deadline, the chairman shall promptly
distribute all filed amendments to the members of the committee or
subcommittee.
(c) Modifications: The chairman of the committee or the subcommittee
may modify the notice and filing requirements to meet special
circumstances, with the concurrence of the ranking member of the
committee or subcommittee.
Rule 5. Business Meetings: Voting
(a) Proxy Voting:
(1) Proxy voting is allowed on all measures, amendments,
resolutions, or other matters before the committee or a
subcommittee.
(2) A member who is unable to attend a business meeting may
submit a proxy vote on any matter, in writing, orally, or
through personal instructions.
(3) A proxy given in writing is valid until revoked. A proxy
given orally or by personal instructions is valid only on the
day given.
(b) Subsequent Voting: Members who were not present at a business
meeting and were unable to cast their votes by proxy may record their
votes later, so long as they do so that same business day and their vote
does not change the outcome.
(c) Public Announcement:
(1) Whenever the committee conducts a rollcall vote, the
chairman shall announce the results of the vote, including a
tabulation of the votes cast in favor and the votes cast against
the proposition by each member of the committee.
(2) Whenever the committee reports any measure or matter by
rollcall vote, the report shall include a tabulation of the
votes cast in favor of and the votes cast in opposition to the
measure or matter by each member of the committee.
Rule 6. Subcommittees
(a) Regularly Established Subcommittees: The committee has four
subcommittees: Transportation and Infrastructure; Clean Air, Wetlands,
Private Property, and Nuclear Safety; Superfund, Waste Control, and Risk
Assessment; and Drinking Water, Fisheries, and Wildlife.
(b) Membership: The committee chairman shall select members of the
subcommittees, after consulting with the ranking minority member.
Rule 7. Statutory Responsibilities and Other Matters
(a) Environmental Impact Statements: No project or legislation
proposed by any executive branch agency may be approved or otherwise
acted upon unless the committee has received a final environmental
impact statement relative to it, in accordance with section 102(2)(C) of
the National Environmental Policy Act, and the written comments of the
Administrator of the Environmental Protection Agency, in accordance with
section 309 of the Clean Air Act. This rule is not intended to broaden,
narrow, or otherwise modify the class of projects or legislative
proposals for which environmental impact statements are required under
section 102(2)(C).
(b) Project Approvals:
(1) Whenever the committee authorizes a project under Public
Law 89-298, the Rivers and Harbors Act of 1965; Public Law 83-
566, the Watershed Protection and Flood Prevention Act; or
Public Law 86-249, the Public Buildings Act of 1959, as amended;
the chairman shall submit for printing in the Congressional
Record, and the committee shall publish periodically as a
committee print, a report that describes the project and the
reasons for its approval, together with any dissenting or
individual views.
(2) Proponents of a committee resolution shall submit
appropriate evidence in favor of the resolution.
(c) Building Prospectuses:
(1) When the General Services Administration submits a
prospectus, pursuant to section 7(a) of the Public Buildings Act
of 1959, as amended, for construction (including construction of
buildings for lease by the government), alteration and repair,
or acquisition, the committee shall act with respect to the
prospectus during the same session in which the prospectus is
submitted. A prospectus rejected by majority vote of the
committee or not reported to the Senate during the session in
which it was submitted shall be returned to the GSA and must
then be resubmitted in order to be considered by the committee
during the next session of the Congress.
(2) A report of a building project survey submitted by the
General Services Administration to the committee under section
11(b) of the Public Buildings Act of 1959, as amended, may not
be considered by the committee as being a prospectus subject to
approval by committee resolution in accordance with section 7(a)
of that Act. A project described in the report may be considered
for committee action only if it is submitted as a prospectus in
accordance with section 7(a) and is subject to the provisions of
paragraph (1) of this rule.
(d) Naming Public Facilities: The committee may not name a building,
structure or facility for any living person, except former Presidents or
former Vice Presidents of the United States, former Members of Congress
over 70 years of age, or former Justices of the United States Supreme
Court over 70 years of age.
Rule 8. Amending the Rules
The rules may be added to, modified, amended, or suspended by vote
of a majority of committee members at a business meeting if a quorum is
present.
Authority and Rules of Senate Committees
Ethics
SELECT COMMITTEE ON ETHICS
Jurisdiction and Authority
S. Res. 338, 88th Cong., 2d Sess. (1964) \1\
\1\ As amended by S. Res. 4, 95th Cong., 1st Sess. (1977), S. Res.
110, 95th Cong., 1st Sess. (1977), S. Res. 230, 95th Cong., 1st Sess.
(1977), S. Res. 312, 95th Cong., 1st Sess. (1977), S. Res. 271, 96th
Cong., 1st Sess. (1979), S. Res. 78, 97th Cong., 1st Sess. (1981).
Brackets reflect renumbering of paragraphs in Senate Rule XXXVII
effected by S. Res. 236, 101st Cong., 2d Sess. (1990).
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Resolved, That (a) there is hereby established a permanent select
committee of the Senate to be known as the Select Committee on Ethics
(referred to hereinafter as the ``Select Committee'') consisting of six
Members of the Senate, of whom three shall be selected from Members of
the majority party and three shall be selected from Members of the
minority party. Members thereof shall be appointed by the Senate in
accordance with the provisions of Paragraph 1 of Rule XXIV of the
standing rules for the Senate at the beginning of each Congress. For
purposes of paragraph 4 of rule XXV of the Standing Rules of the Senate,
service of a Senator as a Member or chairman of the Select Committee
shall not be taken into account.
(b) Vacancies in the Membership of the Select Committee shall not
affect the authority of the remaining Members to execute the functions
of the committee, and shall be filled in the same manner as original
appointments thereto are made.
(c)(1) A majority of the Members of the Select Committee shall
constitute a quorum for the transaction of business involving complaints
and allegations of misconduct, including the consideration of matters
involving sworn complaints, unsworn allegations or information,
resultant preliminary inquiries, initial reviews, investigations,
hearings, recommendations or reports and matters relating to Senate
Resolution 400, agreed to May 19, 1976.
(2) Three Members shall constitute a quorum for the transaction of
routine business of the Select Committee not covered by the first
paragraph of this subparagraph, including requests for opinions and
interpretations concerning the Code of Official Conduct or any other
statute or regulation under the jurisdiction of the Select Committee, if
one Member of the quorum is a Member of the majority Party and one
Member of the quorum is a Member of the minority Party. During the
transaction of routine business any Member of the Select Committee
constituting the quorum shall have the right to postpone further
discussion of a pending matter until such time as a majority of the
Members of the Select Committee are present.
(3) The Select Committee may fix a lesser number as a quorum for the
purpose of taking sworn testimony.\2\
\2\ Subsection c was amended by S. Res. 78, 97th Cong., 1st Sess.
(1981).
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(d)(1) A Member of the Select Committee shall be ineligible to
participate in any initial review or investigation relating to his own
conduct, the conduct of any officer or employee he supervises, or the
conduct of any employee of any officer he supervises, or relating to any
complaint filed by him, and the determinations and recommendations of
the Select Committee with respect thereto. For purposes of this
subparagraph, a Member of the Select Committee and an officer of the
Senate shall be deemed to supervise any officer or employee consistent
with the provision of paragraph [12] of rule XXXVII of the Standing
Rules of the Senate.
(2) A Member of the Select Committee may, at his discretion,
disqualify himself from participating in any initial review or
investigation pending before the Select Committee and the determinations
and recommendations of the Select Committee with respect thereto. Notice
of such disqualification shall be given in writing to the President of
the Senate.
(3) Whenever any Member of the Select Committee is ineligible under
paragraph (1) to participate in any initial review or investigation or
disqualifies himself under paragraph (2) from participating in any
initial review or investigation, another Member of the Senate shall,
subject to the provisions of subsection (d), be appointed to serve as a
Member of the Select Committee solely for purposes of such initial
review or investigation and the determinations and recommendations of
the Select Committee with respect thereto. Any Member of the Senate
appointed for such purposes shall be of the same party as the Member who
is ineligible or disqualifies himself.\3\
\3\ Subsection d (1)-(3) was added by S. Res. 110, Sec. 203, 95th
Cong., 1st Sess. (1977).
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Sec. 2. (a) It shall be the duty of the Select Committee to--
(1) receive complaints and investigate allegations of improper
conduct which may reflect upon the Senate, violations of law,
violations of the Senate Code of Official Conduct \4\ and
violations of rules and regulations of the Senate, relating to
the conduct of individuals in the performance of their duties as
Members of the Senate, or as officers or employees of the
Senate, and to make appropriate findings of fact and conclusions
with respect thereto;
\4\ Reference to Senate Code of Official Conduct was added by S.
Res. 110, Sec. 201, 95th Cong., 1st Sess. (1977).
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(2) recommend to the Senate by report or resolution by a
majority vote of the full committee disciplinary action
(including, but not limited to, in the case of a Member:
censure, expulsion, or recommendation to the appropriate party
conference regarding such Member's seniority or positions of
responsibility; and, in the case of an officer or employee:
suspension or dismissal) \5\ to be taken with respect to such
violations which the Select Committee shall determine, after
according to the individuals concerned due notice and
opportunity for hearing, to have occurred;
\5\ Material in parentheses was added by S. Res. 110, Sec. 205,
95th Cong., 1st Sess. (1977).
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(3) recommend to the Senate, by report or resolution, such
additional rules or regulations as the Select Committee shall
determine to be necessary or desirable to insure proper
standards of conduct by Members of the Senate, and by officers
or employees of the Senate, in the performance of their duties
and the discharge of their responsibilities; and
(4) report violations by a majority vote of the full committee
of any law to the proper Federal and State authorities.
(b)(1) Each sworn complaint filed with the Select Committee shall be
in writing, shall be in such form as the Select Committee may prescribe
by regulation, and shall be under oath.
(2) For purposes of this section, ``sworn complaint'' means a
statement of facts within the personal knowledge of the complainant
alleging a violation of law, the Senate Code of Official Conduct, or any
other rule or regulation of the Senate relating to the conduct of
individuals in the performance of their duties as Members, officers, or
employees of the Senate.
(3) Any person who knowingly and willfully swears falsely to a sworn
complaint does so under penalty of perjury, and the Select Committee may
refer any such case to the Attorney General for prosecution.
(4) For the purposes of this section, ``investigation'' is a
proceeding undertaken by the Select Committee after a finding, on the
basis of an initial review, that there is substantial credible evidence
which provides substantial cause for the Select Committee to conclude
that a violation within the jurisdiction of the Select Committee has
occurred.
(c)(1) No investigation of conduct of a Member or officer of the
Senate, and no report, resolution, or recommendation relating thereto,
may be made unless approved by the affirmative recorded vote of not less
than four Members of the Select Committee.
(2) No other resolution, report, recommendation, interpretative
ruling, or advisory opinion may be made without an affirmative vote of a
majority of the Members of the Select Committee voting.
(d)(1) When the Select Committee receives a sworn complaint against
a Member or officer of the Senate, it shall promptly conduct an initial
review of that complaint. The initial review shall be of duration and
scope necessary to determine whether there is substantial credible
evidence which provides substantial cause for the Select Committee to
conclude that a violation within the jurisdiction of the Select
Committee has occurred.
(2) If as a result of an initial review under paragraph (1), the
Select Committee determines by a recorded vote that there is not such
substantial credible evidence, the Select Committee shall report such
determination to the complainant and to the party charged together with
an explanation of the basis of such determination.
(3) If as a result of an initial review under paragraph (1), the
Select Committee determines that a violation is inadvertent, technical
or otherwise of a de minimis nature, the Select Committee may attempt to
correct or prevent such a violation by informal methods.
(4) If as a result of an initial review under paragraph (1), the
Select Committee determines that there is such substantial credible
evidence but that the violation, if proven, is neither of a de minimis
nature nor sufficiently serious to justify any of the penalties
expressly referred to in subsection (a)(2), the Select Committee may
propose a remedy it deems appropriate. If the matter is thereby
resolved, a summary of the Select Committee's conclusions and the remedy
proposed shall be filed as a public record with the Secretary of the
Senate and a notice of such filing shall be printed in the Congressional
Record.
(5) If as the result of an initial review under paragraph (1), the
Select Committee determines that there is such substantial credible
evidence, the Select Committee shall promptly conduct an investigation
if (A) the violation, if proven, would be sufficiently serious, in the
judgment of the Select Committee, to warrant imposition of one or more
of the penalties expressly referred to in subsection (a)(2), or (B) the
violation, if proven, is less serious, but was not resolved pursuant to
paragraph (4) above. Upon the conclusion of such investigation, the
Select Committee shall report to the Senate, as soon as practicable, the
results of such investigation together with its recommendations (if any)
pursuant to subsection (a)(2).
(6) Upon the conclusion of any other investigation respecting the
conduct of a Member or officer undertaken by the Select Committee, the
Select Committee shall report to the Senate, as soon as practicable, the
results of such investigation together with its recommendations (if any)
pursuant to subsection (a)(2).
(e) When the Select Committee receives a sworn complaint against an
employee of the Senate, it shall consider the complaint according to
procedures it deems appropriate. If the Select Committee determines that
the complaint is without substantial merit, it shall notify the
complainant and the accused of its determination, together with an
explanation of the basis of such determination.
(f) The Select Committee may, in its discretion, employ hearing
examiners to hear testimony and make findings of fact and/or
recommendations to the Select Committee concerning the disposition of
complaints.
(g) Notwithstanding any other provision of this section, no initial
review or investigation shall be made of any alleged violation of any
law, the Senate Code of Official Conduct, rule, or regulation which was
not in effect at the time the alleged violation occurred. No provisions
of the Senate Code of Official Conduct shall apply to or require
disclosure of any act, relationship, or transaction which occurred prior
to the effective date of the applicable provision of the Code. The
Select Committee may conduct an initial review or investigation of any
alleged violation of a rule or law which was in effect prior to the
enactment of the Senate Code of Official Conduct if the alleged
violation occurred while such rule or law was in effect and the
violation was not a matter resolved on the merits by the predecessor
Select Committee.
(h) The Select Committee shall adopt written rules setting forth
procedures to be used in conducting investigations of complaints.\6\
\6\ Subsections b through h were added by S. Res. 110, Sec. 202,
95th Cong., 1st Sess. (1977).
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(i) The Select Committee from time to time shall transmit to the
Senate its recommendation as to any legislative measures which it may
consider to be necessary for the effective discharge of its duties.
Sec. 3. (a) The Select Committee is authorized to (1) make such
expenditures; (2) hold such hearings; (3) sit and act at such times and
places during the sessions, recesses, and adjournment periods of the
Senate; (4) require by subpoena or otherwise the attendance of such
witnesses and the production of such correspondence, books, papers, and
documents; (5) administer such oaths; (6) take such testimony orally or
by deposition; (7) employ and fix the compensation of a staff director,
a counsel, an assistant counsel, one or more investigators, one or more
hearing examiners, and \7\ such technical, clerical, and other
assistants and consultants as it deems advisable; and (8) to procure the
temporary services (not in excess of one year) or intermittent services
of individual consultants, or organizations thereof, by contract as
independent contractors or, in the case of individuals, by employment at
daily rates of compensation not in excess of the per diem equivalent of
the highest rate of compensation which may be paid to a regular employee
of the Select Committee.\8\
\7\ Paragraph 7 was amended by S. Res. 110, Sec. 204, 95th Cong.,
1st Sess. (1977).
\8\ Paragraph 8 was added by S. Res. 230, 95th Cong., 1st Sess.
(1977).
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(b)(1) The Select Committee is authorized to retain and compensate
counsel not employed by the Senate (or by any department or agency of
the executive branch of the Government) whenever the Select Committee
determines that the retention of outside counsel is necessary or
appropriate for any action regarding any complaint or allegation, which,
in the determination of the Select Committee is more appropriately
conducted by counsel not employed by the Government of the United States
as a regular employee.
(2) Any investigation conducted under section 2 shall be conducted
by outside counsel as authorized in paragraph (1), unless the Select
Committee determines not to use outside counsel.\9\
\9\ Subsection b was added by S. Res. 110, Sec. 204, 95th Cong.,
1st Sess. (1977).
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(c) With the prior consent of the department or agency concerned,
the Select Committee may (1) utilize the services, information and
facilities of any such department or agency of the Government, and (2)
employ on a reimbursable basis or otherwise the services of such
personnel of any such department or agency as it deems advisable. With
the consent of any other committee of the Senate, or any subcommittee
thereof, the Select Committee may utilize the facilities and the
services of the staff of such other committee or subcommittee whenever
the chairman of the Select Committee determines that such action is
necessary and appropriate.
(d) Subpoenas may be issued (1) by the Select Committee or (2) by
the chairman and vice chairman, acting jointly. Any such subpoena shall
be signed by the chairman or the vice chairman and may be served by any
person designated by such chairman or vice chairman. The chairman of the
Select Committee or any Member thereof may administer oaths to
witnesses.\10\
\10\ Subsection d was amended by S. Res. 312, 95th Cong., 1st Sess.
(1977).
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(e)(1) The Select Committee shall prescribe and publish such
regulations as it feels are necessary to implement the Senate Code of
Official Conduct.
(2) The Select Committee is authorized to issue interpretative
rulings explaining and clarifying the application of any law, the Code
of Official Conduct, or any rule or regulation of the Senate within its
jurisdiction.
(3) The Select Committee shall render an advisory opinion, in
writing within a reasonable time, in response to a written request by a
Member or officer of the Senate or a candidate for nomination for
election, or election to the Senate, concerning the application of any
law, the Senate Code of Official Conduct, or any rule or regulation of
the Senate within its jurisdiction to a specific factual situation
pertinent to the conduct or proposed conduct of the person seeking the
advisory opinion.
(4) The Select Committee may in its discretion render an advisory
opinion in writing within a reasonable time in response to a written
request by any employee of the Senate concerning the application of any
law, the Senate Code of Official Conduct, or any rule or regulation of
the Senate within its jurisdiction to a specific factual situation
pertinent to the conduct or proposed conduct of the person seeking the
advisory opinion.
(5) Notwithstanding any provision of the Senate Code of Official
Conduct or any rule or regulation of the Senate, any person who relies
upon any provision or finding of an advisory opinion in accordance with
the provisions of paragraphs (3) and (4) and who acts in good faith in
accordance with the provisions and findings of such advisory opinion
shall not, as a result of any such act, be subject to any sanction by
the Senate.
(6) Any advisory opinion rendered by the Select Committee under
paragraphs (3) and (4) may be relied upon by (A) any person involved in
the specific transaction or activity with respect to which such advisory
opinion is rendered: Provided, however, that the request for such
advisory opinion included a complete and accurate statement of the
specific factual situation; and, (B) any person involved in any specific
transaction or activity which is indistinguishable in all its material
aspects from the transaction or activity with respect to which such
advisory opinion is rendered.
(7) Any advisory opinion issued in response to a request under
paragraph (3) or (4) shall be printed in the Congressional Record with
appropriate deletions to assure the privacy of the individual concerned.
The Select Committee shall, to the extent practicable, before rendering
an advisory opinion, provide any interested party with an opportunity to
transmit written comments to the Select Committee with respect to the
request for such advisory opinion. The advisory opinions issued by the
Select Committee shall be compiled, indexed, reproduced, and made
available on a periodic basis.\11\
\11\ Subsection e (1)-(7) was added by S. Res. 110, Sec. 206, 95th
Cong., 1st Sess. (1977).
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(8) A brief description of a waiver granted under paragraph 2(c) of
rule XXXIV or paragraph 1 of rule XXXV of the Standing Rules of the
Senate shall be made available upon request in the Select Committee
office with appropriate deletions to assure the privacy of the
individual concerned.
Sec. 4. The expenses of the Select Committee under this resolution
shall be paid from the contingent fund of the Senate upon vouchers
approved by the chairman of the Select Committee.
Sec. 5. As used in this resolution, the term ``officer or employee
of the Senate'' means--
(1) an elected officer of the Senate who is not a Member of
the Senate;
(2) an employee of the Senate, any committee or subcommittee
of the Senate, or any Member of the Senate;
(3) the Legislative Counsel of the Senate or any employee of
his office;
(4) an Official Reporter of Debates of the Senate and any
person employed by the Official Reporters of Debates of the
Senate in connection with the performance of their official
duties;
(5) a Member of the Capitol Police force whose compensation is
disbursed by the Secretary of the Senate;
(6) an employee of the Vice President if such employee's
compensation is disbursed by the Secretary of the Senate; and
(7) an employee of a joint committee of the Congress whose
compensation is disbursed by the Secretary of the Senate.
Rules of Procedure
141 Cong. Rec. S2893 (daily ed. Feb. 16, 1995)
Rule 1. General Procedures
(a) Officers: The Committee shall select a Chairman and a Vice
Chairman from among its Members. In the absence of the Chairman, the
duties of the Chair shall be filled by the Vice Chairman or, in the Vice
Chairman's absence, a Committee Member designated by the Chairman.
(b) Procedural Rules: The basic procedural rules of the Committee
are stated as a part of the Standing Orders of the Senate in Senate
Resolution 338, 88th Congress, as amended, as well as other resolutions
and laws. Supplementary Procedural Rules are stated herein and are
hereinafter referred to as the Rules. The Rules shall be published in
the Congressional Record not later than thirty days after adoption, and
copies shall be made available by the Committee office upon request.
(c) Meetings:
(1) The regular meeting of the Committee shall be the first
Thursday of each month while the Congress is in session.
(2) Special meetings may be held at the call of the Chairman
or Vice Chairman if at least forty-eight hours notice is
furnished to all Members. If all Members agree, a special
meeting may be held on less than forty-eight hours notice.
(3)(A) If any Member of the Committee desires that a special
meeting of the Committee be called, the Member may file in the
office of the Committee a written request to the Chairman or
Vice Chairman for that special meeting.
(B) Immediately upon the filing of the request the Clerk of
the Committee shall notify the Chairman and Vice Chairman of the
filing of the request. If, within three calendar days after the
filing of the request, the Chairman or the Vice Chairman does
not call the requested special meeting, to be held within seven
calendar days after the filing of the request, any three of the
Members of the Committee may file their written notice in the
office of the Committee that a special meeting of the Committee
will be held at a specified date and hour; such special meeting
may not occur until forty-eight hours after the notice is filed.
The Clerk shall immediately notify all Members of the Committee
of the date and hour of the special meeting. The Committee shall
meet at the specified date and hour.
(d) Quorum:
(1) A majority of the Members of the Select Committee shall
constitute a quorum for the transaction of business involving
complaints and allegations of misconduct, including the
consideration of matters involving sworn complaints, unsworn
allegations or information, resultant preliminary inquiries,
initial reviews, investigations, hearings, recommendations or
reports and matters relating to Senate Resolution 400, agreed to
May 19, 1976.
(2) Three Members shall constitute a quorum for the
transaction of the routine business of the Select Committee not
covered by the first subparagraph of this paragraph, including
requests for opinions and interpretations concerning the Code of
Official Conduct or any other statute or regulation under the
jurisdiction of the Select Committee, if one Member of the
quorum is a Member of the majority Party and one Member of the
quorum is a Member of the minority Party. During the transaction
of routine business any Member of the Select Committee
constituting the quorum shall have the right to postpone further
discussion of a pending matter until such time as a majority of
the Members of the Select Committee are present.
(3) Except for an adjudicatory hearing under Rule 6 and any
deposition taken outside the presence of a Member under Rule 7,
one Member shall constitute a quorum for hearing testimony,
provided that all Members have been given notice of the hearing
and the Chairman has designated a Member of the majority Party
and the Vice Chairman has designated a Member of the minority
Party to be in attendance, either of whom in the absence of the
other may constitute the quorum.
(e) Order of Business: Questions as to the order of business and the
procedure of the Committee shall in the first instance be decided by the
Chairman and Vice Chairman, subject to reversal by a vote by a majority
of the Committee.
(f) Hearings Announcements: The Committee shall make public
announcement of the date, place and subject matter of any hearing to be
conducted by it at least one week before the commencement of that
hearing, and shall publish such announcement in the Congressional
Record. If the Committee determines that there is good cause to commence
a hearing at an earlier date, such notice will be given at the earliest
possible time.
(g) Open and Closed Committee Meetings: Meetings of the Committee
shall be open to the public or closed to the public (executive session),
as determined under the provisions of paragraphs 5(b) to (d) of Rule
XXVI of the Standing Rules of the Senate. Executive session meetings of
the Committee shall be closed except to the Members and the staff of the
Committee. On the motion of any Member, and with the approval of a
majority of the Committee Members present, other individuals may be
admitted to an executive session meeting for a specified period or
purpose.
(h) Record of Testimony and Committee Action: An accurate
stenographic or transcribed electronic record shall be kept of all
Committee proceedings, whether in executive or public session. Such
record shall include Senators' votes on any question on which a recorded
vote is held. The record of a witness' testimony, whether in public or
executive session, shall be made available for inspection to the witness
or his counsel under Committee supervision; a copy of any testimony
given by that witness in public session, or that part of the testimony
given by the witness in executive session and subsequently quoted or
made part of the record in a public session shall be made available to
any witness if he so requests. (See Rule 6 on Procedures for Conducting
Hearings.)
(i) Secrecy of Executive Testimony and Action and of Complaint
Proceedings:
(1) All testimony and action taken in executive session shall
be kept secret and shall not be released outside the Committee
to any individual or group, whether governmental or private,
without the approval of a majority of the Committee.
(2) All testimony and action relating to a sworn complaint
shall be kept secret and shall not be released by the Committee
to any individual or group, whether governmental or private,
except the respondent, without the approval of a majority of the
Committee, until such time as a report to the Senate is required
under Senate Resolution 338, 88th Congress, as amended, or
unless otherwise permitted under these Rules. (See Rule 9 on
Procedures for Handling Committee Sensitive and Classified
Materials.)
(j) Release of Reports to Public: No information pertaining to, or
copies of any Committee report, study, or other document which purports
to express the view, findings, conclusions or recommendations of the
Committee in connection with any of its activities or proceedings may be
released to any individual or group whether governmental or private,
without the authorization of the Committee. Whenever the Chairman or
Vice Chairman is authorized to make any determination, then the
determination may be released at his or her discretion. Each Member of
the Committee shall be given a reasonable opportunity to have separate
views included as part of any Committee report. (See Rule 9 on
Procedures for Handling Committee Sensitive and Classified Materials.)
(k) Ineligibility or Disqualification of Members and Staff:
(1) A Member of the Committee shall be ineligible to
participate in any Committee proceeding that relates
specifically to any of the following:
(A) The Member's own conduct;
(B) The conduct of any employee or officer that the
Member supervises, as defined in paragraph [12] of Rule
XXXVII of the Standing Rules of the Senate;
(C) The conduct of any employee or any officer that
the Member supervises; or
(D) A complaint, sworn or unsworn, that was filed by a
Member, or by any employee or officer that the Member
supervises.
(2) If any Committee proceeding appears to relate to a Member
of the Committee in a manner described in subparagraph (1) of
this paragraph, the staff shall prepare a report to the Chairman
and Vice Chairman. If either the Chairman or the Vice Chairman
concludes from the report that it appears that the Member may be
ineligible, the Member shall be notified in writing of the
nature of the particular proceeding and the reason that it
appears that the Member may be ineligible to participate in it.
If the Member agrees that he or she is ineligible, the Member
shall so notify the Chairman or Vice Chairman. If the Member
believes that he or she is not ineligible, he or she may explain
the reasons to the Chairman and Vice Chairman, and if they both
agree that the Member is not ineligible, the Member shall
continue to serve. But if either the Chairman or Vice Chairman
continues to believe that the Member is ineligible, while the
Member believes that he or she is not ineligible, the matter
shall be promptly referred to the Committee. The Member shall
present his or her arguments to the Committee in executive
session. Any contested questions concerning a Member's
eligibility shall be decided by a majority vote of the
Committee, meeting in executive session, with the Member in
question not participating.
(3) A Member may also disqualify himself from participating in
a Committee proceeding in other circumstances not listed in
subparagraph (k)(1).
(4) The President of the Senate shall be given written notice
of the ineligibility or disqualification of any Member from any
initial review, investigation, or other proceeding requiring the
appointment of another Member in accordance with subparagraph
(k)(5).
(5) Whenever a Member of the Committee is ineligible to
participate in or disqualifies himself from participating in any
initial review, investigation, or other substantial Committee
proceeding, another Member of the Senate who is of the same
party shall be appointed by the Senate in accordance with the
provisions of paragraph 1 of Rule XXIV of the Standing Rules of
the Senate, to serve as a Member of the Committee solely for the
purposes of that proceeding.
(6) A Member of the Committee staff shall be ineligible to
participate in any Committee proceeding that the staff director
or outside counsel determines relates specifically to any of the
following:
(A) the staff Member's own conduct;
(B) the conduct of any employee that the staff Member
supervises;
(C) the conduct of any Member, officer or employee for
whom the staff Member has worked for any substantial
period; or
(D) a complaint, sworn or unsworn, that was filed by
the staff Member. At the direction or with the consent
of the staff director or outside counsel, a staff Member
may also be disqualified from participating in a
Committee proceeding in other circumstances not listed
above.
(l) Recorded Votes: Any Member may require a recorded vote on any
matter.
(m) Proxies; Recording Votes of Absent Members:
(1) Proxy voting shall not be allowed when the question before
the Committee is the initiation or continuation of an initial
review or an investigation, or the issuance of a report or
recommendation related thereto concerning a Member or officer of
the Senate. In any such case an absent Member's vote may be
announced solely for the purpose of recording the Member's
position and such announced votes shall not be counted for or
against the motion.
(2) On matters other than matters listed in paragraph (m)(1)
above, the Committee may order that the record be held open for
the vote of absentees or recorded proxy votes if the absent
Committee Member has been informed of the matter on which the
vote occurs and has affirmatively requested the Chairman or Vice
Chairman in writing that he be so recorded.
(3) All proxies shall be in writing, and shall be delivered to
the Chairman or Vice Chairman to be recorded.
(4) Proxies shall not be considered for the purpose of
establishing a quorum.
(n) Approval of Blind Trusts and Foreign Travel Requests Between
Sessions and During Extended Recesses: During any period in which the
Senate stands in adjournment between sessions of the Congress or stands
in a recess scheduled to extend beyond fourteen days, the Chairman and
Vice Chairman, or their designees, acting jointly, are authorized to
approve or disapprove blind trusts under the provision of Rule XXXIV,
and to approve or disapprove foreign travel requests which require
immediate resolution.
(o) Committee Use of Services or Employees of Other Agencies and
Departments: With the prior consent of the department or agency
involved, the Committee may (1) utilize the services, information, or
facilities of any such department or agency of the Government, and (2)
employ on a reimbursable basis or otherwise the services of such
personnel of any such department or agency as it deems advisable. With
the consent of any other committee of the Senate, or any subcommittee,
the Committee may utilize the facilities and the services of the staff
of such other committee or subcommittee whenever the Chairman and Vice
Chairman of the Committee, acting jointly, determine that such action is
necessary and appropriate.
Rule 2: Procedures for Sworn Complaints
(a) Sworn Complaints: Any person may file a sworn complaint with the
Committee, alleging that any Senator, or officer, or employee of the
Senate has violated a law, the Senate Code of Official Conduct, or any
rule or regulation of the Senate relating to the conduct of any
individual in the performance of his or her duty as a Member, officer,
or employee of the Senate, or has engaged in improper conduct which may
reflect upon the Senate.
(b) Form and Content of Complaints: A complaint filed under
paragraph (a) shall be in writing and under oath, and shall set forth in
simple, concise and direct statements:
(1) The name and legal address of the party filing the
complaint (hereinafter, the complainant);
(2) The name and position or title of each Member, officer, or
employee of the Senate who is specifically alleged to have
engaged in the improper conduct or committed the violation
(hereinafter, the respondent);
(3) The nature of the alleged improper conduct or violation,
including, if possible, the specific provision of the Senate
Code of Official Conduct or other law, rule, or regulation
alleged to have been violated.
(4)(A) A statement of the facts within the personal knowledge
of the complainant that are alleged to constitute the improper
conduct or violation.
(B) The term ``personal knowledge'' is not intended to and
does not limit the complainant's statement to situations that he
or she personally witnessed or to activities in which the
complainant was a participant.
(C) Where allegations in the sworn complaint are made upon the
information and belief of the complainant, the complaint shall
so state, and shall set forth the basis for such information and
belief.
(5) The complainant must swear that all of the information
contained in the complaint either (a) is true, or (b) was
obtained under circumstances such that the complainant has
sufficient personal knowledge of the source of the information
reasonably to believe that it is true. The complainant may so
swear either by oath or by solemn affirmation before a notary
public or other authorized official.
(6) All documents in the possession of the complainant
relevant to or in support of his or her allegations may be
appended to the complaint.
(c) Processing of Sworn Complaints:
(1) When the Committee receives a sworn complaint against a
Member, officer or employee of the Senate, it shall determine by
majority vote whether the complaint is in substantial compliance
with paragraph (b) of this rule.
(2) If it is determined by the Committee that a sworn
complaint does not substantially comply with the requirements of
paragraph (b), the complaint shall be returned promptly to the
complainant, with a statement explaining how the complaint fails
to comply and a copy of the rules for filing sworn complaints.
The complainant may resubmit the complaint in the proper form.
If the complaint is not revised so that it substantially
complies with the stated requirements, the Committee may in its
discretion process the complaint in accordance with Rule 3.
(3) A sworn complaint against any Member, officer, or employee
of the Senate that is determined by the Committee to be in
substantial compliance shall be transmitted to the respondent
within five days of that determination. The transmittal notice
shall include the date upon which the complaint, was received, a
statement that the complaint conforms to the applicable rules, a
statement that the Committee will immediately begin an initial
review of the complaint, and a statement inviting the respondent
to provide any information relevant to the complaint to the
Committee. A copy of the Rules of the Committee shall be
supplied with the notice.
Rule 3: Procedures on Receipt of Allegations Other Than a Sworn
Complaint; Preliminary Inquiry
(a) Unsworn Allegations or Information: Any Member or staff Member
of the Committee shall report to the Committee, and any other person may
report to the Committee, any credible information available to him or
her that indicates that any named or unnamed Member, officer or employee
of the Senate may have--
(1) violated the Senate Code of Official Conduct;
(2) violated a law;
(3) violated any rule or regulation of the Senate relating to
the conduct of individuals in the performance of their duties as
Members, officers, or employees of the Senate; or
(4) engaged in improper conduct which may reflect upon the
Senate. Such allegations or information may be reported to the
Chairman, the Vice Chairman, a Committee Member, or a Committee
staff Member.
(b) Sources of Unsworn Allegations or Information: The information
to be reported to the Committee under paragraph (a), may be obtained
from a variety of sources, including but not limited to the following:
(1) sworn complaints that do not satisfy all of the
requirements of Rule 2;
(2) anonymous or informal complaints, whether or not
satisfying the requirements of Rule 2;
(3) information developed during a study or inquiry by the
Committee or other committees or subcommittees of the Senate,
including information obtained in connection with legislative or
general oversight hearings;
(4) information reported by the news media; or
(5) information obtained from any individual, agency or
department of the executive branch of the Federal Government.
(c) Preliminary Inquiry:
(1) When information is presented to the Committee pursuant to
paragraph (a), it shall immediately be transmitted to the
Chairman and the Vice Chairman, for one of the following
actions:
(A) The Chairman and Vice Chairman, acting jointly,
may conduct or may direct the Committee staff to
conduct, a preliminary inquiry.
(B) The Chairman and Vice Chairman, acting jointly,
may present the allegations or information received
directly to the Committee for it to determine whether an
initial review should be undertaken. (See paragraph
(d).)
(2) A preliminary inquiry may include any inquiries,
interviews, sworn statements, depositions, and subpoenas that
the Chairman and Vice Chairman deem appropriate to obtain
information upon which to make any determination provided for by
this Rule.
(3) At the conclusion of a preliminary inquiry, the Chairman
and Vice Chairman shall receive a full report of its findings.
The Chairman and Vice Chairman, acting jointly, shall then
determine what further action, if any, is appropriate in the
particular case, including any of the following:
(A) No further action is appropriate, because the
alleged improper conduct or violation is clearly not
within the jurisdiction of the Committee;
(B) No further action is appropriate, because there is
no reason to believe that the alleged improper conduct
or violation may have occurred; or
(C) The unsworn allegations or information, and a
report on the preliminary inquiry, should be referred to
the Committee, to determine whether an initial review
should be undertaken. (See paragraph (d).)
(4) If the Chairman and the Vice Chairman are unable to agree
on a determination at the conclusion of a preliminary inquiry,
then they shall refer the allegations or information to the
Committee, with a report on the preliminary inquiry, for the
Committee to determine whether an initial review should be
undertaken. (See paragraph (d).)
(5) A preliminary inquiry shall be completed within sixty days
after the unsworn allegations or information were received by
the Chairman and Vice Chairman. The sixty day period may be
extended for a specified period by the Chairman and Vice
Chairman, acting jointly. A preliminary inquiry is completed
when the Chairman and the Vice Chairman have made the
determination required by subparagraphs (3) and (4) of this
paragraph.
(d) Determination Whether To Conduct an Initial Review: When
information or allegations are presented to the Committee by the
Chairman and the Vice Chairman, the Committee shall determine whether an
initial review should be undertaken.
(1) An initial review shall be undertaken when--
(A) there is reason to believe on the basis of the
information before the Committee that the possible
improper conduct or violation may be within the
jurisdiction of the Committee; and
(B) there is reason to believe on the basis of the
information before the Committee that the improper
conduct or violation may have occurred.
(2) The determination whether to undertake an initial review
shall be made by recorded vote within thirty days following the
Committee's receipt of the unsworn allegations or information
from the Chairman or Vice Chairman, or at the first meeting of
the Committee thereafter if none occurs within thirty days,
unless this time is extended for a specified period by the
Committee.
(3) The Committee may determine that an initial review is not
warranted because (a) there is no reason to believe on the basis
of the information before the Committee that the improper
conduct or violation may have occurred, or (b) the improper
conduct or violation, even if proven, is not within the
jurisdiction of the Committee.
(A) If the Committee determines that an initial review
is not warranted, it shall promptly notify the
complainant, if any, and any known respondent.
(B) If there is a complainant, he or she may also be
invited to submit additional information, and notified
of the procedures for filing a sworn complaint. If the
complainant later provides additional information, not
in the form of a sworn complaint, it shall be handled as
a new allegation in accordance with the procedures of
Rule 3. If he or she submits a sworn complaint, it shall
be handled in accordance with Rule 2.
(4)(A) The Committee may determine that there is reason to
believe on the basis of the information before it that the
improper conduct or violation may have occurred and may be
within the jurisdiction of the Committee, and that an initial
review must therefore be conducted.
(B) If the Committee determines that an initial review will be
conducted, it shall promptly notify the complainant, if any, and
the respondent, if any.
(C) The notice required under subparagraph (B) shall include a
general statement of the information or allegations before the
Committee and a statement that the Committee will immediately
begin an initial review of the complaint. A copy of the Rules of
the Committee shall be supplied with the notice.
(5) If a Member of the Committee believes that the preliminary
inquiry has provided sufficient information for the Committee to
determine whether there is substantial credible evidence which
provides substantial cause for the Committee to conclude that a
violation within the jurisdiction of the Committee has occurred,
the Member may move that the Committee dispense with the initial
review and move directly to the determinations described in Rule
4(f). The Committee may adopt such a motion by majority vote of
the full Committee.
Rule 4: Procedures for Conducting an Initial Review
(a) Basis for Initial Review: The Committee shall promptly commence
an initial review whenever it has received either (1) a sworn complaint
that the Committee has determined is in substantial compliance with the
requirements of Rule 2, or (2) unsworn allegations or information that
have caused the Committee to determine in accordance with Rule 3 that an
initial review must be conducted.
(b) Scope of Initial Review:
(1) The initial review shall be of such duration and scope as
may be necessary to determine whether there is substantial
credible evidence which provides substantial cause for the
Committee to conclude that a violation within the jurisdiction
of the Committee has occurred.
(2) An initial review may include any inquiries, interviews,
sworn statements, depositions, and subpoenas that the Committee
deems appropriate to obtain information upon which to make any
determination provided for by this Rule.
(c) Opportunity for Response: An initial review may include an
opportunity for any known respondent or his designated representative,
to present either a written or oral statement, or to respond orally to
questions from the Committee. Such an oral statement or answers shall be
transcribed and signed by the person providing the statement or answers.
(d) Status Reports: The Committee staff or outside counsel shall
periodically report to the Committee in the form and according to the
schedule prescribed by the Committee. The reports shall be confidential.
(e) Final Report: When the initial review is completed, the staff or
outside counsel shall make a confidential report to the Committee on
findings and recommendations.
(f) Committee Action: As soon as practicable following submission of
the report on the initial review, the Committee shall determine by a
recorded vote whether there is substantial credible evidence which
provides substantial cause for the Committee to conclude that a
violation within the jurisdiction of the Committee has occurred. The
Committee may make any of the following determinations:
(1) The Committee may determine that there is not such
substantial credible evidence. In this case, the Committee shall
report its determination to the complainant, if any, and to the
respondent, together with an explanation of the basis for the
determination. The explanation may be as detailed as the
Committee desires, but it is not required to include a complete
discussion of the evidence collected in the initial review.
(2) The Committee may determine that there is such substantial
credible evidence, but that the alleged violation is
inadvertent, technical, or otherwise of a de minimis nature. In
this case, the Committee may attempt to correct or to prevent
such violation by informal methods. The Committee's final
determination in this matter shall be reported to the
complainant, if any, and to the respondent, if any.
(3) The Committee may determine that there is such substantial
credible evidence, but that the alleged violation, if proven,
although not of a de minimis nature, would not be sufficiently
serious to justify the severe disciplinary actions specified in
Senate Resolution 338, 88th Congress, as amended (i.e., for a
Member, censure, expulsion, or recommendation to the appropriate
party conference regarding the Member's seniority or positions
of responsibility; or for an officer or employee, suspension or
dismissal). In this case, the Committee, by the recorded
affirmative vote of at least four Members, may propose a remedy
that it deems appropriate. If the respondent agrees to the
proposed remedy, a summary of the Committee's conclusions and
the remedy proposed and agreed to shall be filed as a public
record with the Secretary of the Senate and a notice of the
filing shall be printed in the Congressional Record.
(4) The Committee may determine, by recorded affirmative vote
of at least four Members, that there is such substantial
credible evidence, and also either:
(A) that the violation, if proved, would be
sufficiently serious to warrant imposition of one of the
severe disciplinary actions listed in paragraph (3); or
(B) that the violation, if proven, is less serious,
but was not resolved pursuant to the procedure in
paragraph (3). In either case, the Committee shall order
that an investigation promptly be conducted in
accordance with Rule 5.
Rule 5: Procedures for Conducting an Investigation
(a) Definition of Investigation: An ``investigation'' is a
proceeding undertaken by the Committee, by recorded affirmative vote of
at least four Members, after a finding on the basis of an initial review
that there is substantial credible evidence which provides substantial
cause for the Committee to conclude that a violation within its
jurisdiction has occurred.
(b) Scope of Investigation: When the Committee decides to conduct an
investigation, it shall be of such duration and scope as is necessary
for the Committee to determine whether a violation within its
jurisdiction has occurred. In the course of the investigation,
designated outside counsel, or if the Committee determines not to use
outside counsel, the Committee or its staff, may conduct inquiries or
interviews, take sworn statements, use compulsory process as described
in Rule 7, or take any other actions that the Committee deems
appropriate to secure the evidence necessary to make this determination.
(c) Notice to Respondent: The Committee shall give written notice to
any known respondent who is the subject of an investigation. The notice
shall be sent to the respondent no later than five working days after
the Committee has voted to conduct an investigation. The notice shall
include a statement of the nature of the possible violation, and a
description of the evidence indicating that a possible violation
occurred. The Committee shall offer the respondent an opportunity to
present a statement or to respond to questions from Members of the
Committee, the Committee staff, or outside counsel.
(d) Right to a Hearing: The Committee shall accord a respondent an
opportunity for a hearing before it recommends disciplinary action
against that respondent to the Senate.
(e) Progress Reports to Committee: The Committee staff or outside
counsel shall periodically report to the Committee concerning the
progress of the investigation. Such reports shall be delivered to the
Committee in the form and according to the schedule prescribed by the
Committee, and shall be confidential.
(f) Report of Investigation:
(1) Upon completion of an investigation, including any
hearings held pursuant to Rule 6, the outside counsel or the
staff shall submit a confidential written report to the
Committee, which shall detail the factual findings of the
investigation and which may recommend disciplinary action, if
appropriate. Findings of fact of the investigation shall be
detailed in this report whether or not disciplinary action is
recommended.
(2) The Committee shall consider the report of the staff or
outside counsel promptly following its submission. The Committee
shall prepare and submit a report to the Senate, including a
recommendation to the Senate concerning disciplinary action, if
appropriate. A report shall be issued, stating in detail the
Committee's findings of fact, whether or not disciplinary action
is recommended. The report shall also explain fully the reasons
underlying the Committee's recommendation concerning
disciplinary action, if any. No recommendation or resolution of
the Committee concerning the investigation of a Member, officer
or employee of the Senate may be approved except by the
affirmative recorded vote of not less than four Members of the
Committee.
(3) Promptly, after the conclusion of the investigation, the
Committee's report and recommendation shall be forwarded to the
Secretary of the Senate, and a copy shall be provided to the
complainant and the respondent. The full report and
recommendation shall be printed and made public, unless the
Committee determines by majority vote that it should remain
confidential.
Rule 6: Procedures for Hearings
(a) Right to Hearing: The Committee may hold a public or executive
hearing in any inquiry, initial review, investigation, or other
proceeding. The Committee shall accord a respondent an opportunity for a
hearing before it recommends disciplinary action against that respondent
to the Senate. (See Rule 5(d).)
(b) Non-Public Hearings: The Committee may at any time during a
hearing determine in accordance with paragraph 5(b) of Rule XXVI of the
Standing Rules of the Senate whether to receive the testimony of
specific witnesses in executive session. If a witness desires to express
a preference for testifying in public or in executive session, he or she
shall so notify the Committee at least five days before he or she is
scheduled to testify.
(c) Adjudicatory Hearings: The Committee may, by majority vote,
designate any public or executive hearing as an adjudicatory hearing;
and, any hearing which is concerned with possible disciplinary action
against a respondent or respondents designated by the Committee shall be
an adjudicatory hearing. In any adjudicatory hearing, the procedures
described in paragraph (j) shall apply.
(d) Subpoena Power: The Committee may require, by subpoena or
otherwise, the attendance and testimony of such witnesses and the
production of such correspondence, books, papers, documents or other
articles as it deems advisable. (See Rule 7.)
(e) Notice of Hearings: The Committee shall make public an
announcement of the date, place, and subject matter of any hearing to be
conducted by it, in accordance with Rule 1(f).
(f) Presiding Officer: The Chairman shall preside over the hearings,
or in his absence the Vice Chairman. If the Vice Chairman is also
absent, a Committee Member designated by the Chairman shall preside. If
an oath or affirmation is required, it shall be administered to a
witness by the Presiding Officer, or in his absence, by any Committee
Member.
(g) Witnesses:
(1) A subpoena or other request to testify shall be served on
a witness sufficiently in advance of his or her scheduled
appearance to allow the witness a reasonable period of time, as
determined by the Committee, to prepare for the hearing and to
employ counsel if desired.
(2) The Committee may, by majority vote, rule that no Member
of the Committee or staff or outside counsel shall make public
the name of any witness subpoenaed by the Committee before the
date of that witness' scheduled appearance, except as
specifically authorized by the Chairman and Vice Chairman,
acting jointly.
(3) Any witness desiring to read a prepared or written
statement in executive or public hearings shall file a copy of
such statement with the Committee at least two working days in
advance of the hearing at which the statement is to be
presented. The Chairman and Vice Chairman shall determine
whether such statements may be read or placed in the record of
the hearing.
(4) Insofar as practicable, each witness shall be permitted to
present a brief oral opening statement, if he or she desires to
do so.
(h) Right To Testify: Any person whose name is mentioned or who is
specifically identified or otherwise referred to in testimony or in
statements made by a Committee Member, staff Member or outside counsel,
or any witness, and who reasonably believes that the statement tends to
adversely affect his or her reputation may--
(1) Request to appear personally before the Committee to
testify in his or her own behalf; or
(2) File a sworn statement of facts relevant to the testimony
or other evidence or statement of which he or she complained.
Such request and such statement shall be submitted to the
Committee for its consideration and action.
(i) Conduct of Witnesses and Other Attendees: The Presiding Officer
may punish any breaches of order and decorum by censure and exclusion
from the hearings. The Committee, by majority vote, may recommend to the
Senate that the offender be cited for contempt of Congress.
(j) Adjudicatory Hearing Procedures:
(1) Notice of hearings: A copy of the public announcement of
an adjudicatory hearing, required by paragraph (e), shall be
furnished together with a copy of these Rules to all witnesses
at the time that they are subpoenaed or otherwise summoned to
testify.
(2) Preparation for adjudicatory hearings:
(A) At least five working days prior to the
commencement of an adjudicatory hearing, the Committee
shall provide the following information and documents to
the respondent, if any:
(i) a list of proposed witnesses to be called
at the hearing;
(ii) copies of all documents expected to be
introduced as exhibits at the hearing; and
(iii) a brief statement as to the nature of
the testimony expected to be given by each
witness to be called at the hearing.
(B) At least two working days prior to the
commencement of an adjudicatory hearing, the respondent,
if any, shall provide the information and documents
described in divisions (i), (ii) and (iii) of
subparagraph (A) to the Committee.
(C) At the discretion of the Committee, the
information and documents to be exchanged under this
paragraph shall be subject to an appropriate agreement
limiting access and disclosure.
(D) If a respondent refuses to provide the information
and documents to the Committee (see (A) and (B) of this
subparagraph), or if a respondent or other individual
violates an agreement limiting access and disclosure,
the Committee, by majority vote, may recommend to the
Senate that the offender be cited for contempt of
Congress.
(3) Swearing of witnesses: All witnesses who testify at
adjudicatory hearings shall be sworn unless the Presiding
Officer, for good cause, decides that a witness does not have to
be sworn.
(4) Right to counsel: Any witness at an adjudicatory hearing
may be accompanied by counsel of his or her own choosing, who
shall be permitted to advise the witness of his or her legal
rights during the testimony.
(5) Right to cross-examine and call witnesses:
(A) In adjudicatory hearings, any respondent who is
the subject of an investigation, and any other person
who obtains the permission of the Committee, may
personally or through counsel cross-examine witnesses
called by the Committee and may call witnesses in his or
her own behalf.
(B) A respondent may apply to the Committee for the
issuance of subpoenas for the appearance of witnesses or
the production of documents on his or her behalf. An
application shall be approved upon a concise showing by
the respondent that the proposed testimony or evidence
is relevant and appropriate, as determined by the
Chairman and Vice Chairman.
(C) With respect to witnesses called by a respondent,
or other individual given permission by the Committee,
each such witness shall first be examined by the party
who called the witness or by that party's counsel.
(D) At least one working day before a witness'
scheduled appearance, a witness or a witness' counsel
may submit to the Committee written questions proposed
to be asked of that witness. If the Committee determines
that it is necessary, such questions may be asked by any
Member of the Committee, or by any Committee staff
Member if directed by a Committee Member. The witness or
witness' counsel may also submit additional sworn
testimony for the record within twenty-four hours after
the last day that the witness has testified. The
insertion of such testimony in that day's record is
subject to the approval of the Chairman and Vice
Chairman acting jointly within five days after the
testimony is received.
(6) Admissibility of evidence:
(A) The object of the hearing shall be to ascertain
the truth. Any evidence that may be relevant and
probative shall be admissible unless privileged under
the Federal Rules of Evidence. Rules of evidence shall
not be applied strictly, but the Presiding Officer shall
exclude irrelevant or unduly repetitious testimony.
Objections going only to the weight that should be given
evidence will not justify its exclusion.
(B) The Presiding Officer shall rule upon any question
of the admissibility of testimony or other evidence
presented to the Committee. Such rulings shall be final
unless reversed or modified by a majority vote of the
Committee before the recess of that day's hearings.
(C) Notwithstanding paragraphs (A) and (B), in any
matter before the Committee involving allegations of
sexual discrimination, including sexual harassment, or
sexual misconduct, by a Member, officer, or employee
within the jurisdiction of the Committee, the Committee
shall be guided by the standards and procedures of Rule
412 of the Federal Rules of Evidence, except that the
Committee may admit evidence subject to the provisions
of this paragraph only upon a determination of a
majority of the Members of the full Committee that the
interests of justice require that such evidence be
admitted.
(7) Supplementary hearing procedures: The Committee may adopt
any additional special hearing procedures that it deems
necessary or appropriate to a particular adjudicatory hearing.
Copies of such supplementary procedures shall be furnished to
witnesses and respondents, and shall be made available upon
request to any Member of the public.
(k) Transcripts:
(1) An accurate stenographic or recorded transcript shall be
made of all public and executive hearings. Any Member of the
Committee, Committee staff Member, outside counsel retained by
the Committee, or witness may examine a copy of the transcript
retained by the Committee of his or her own remarks and may
suggest to the official reporter any typographical or
transcription errors. If the reporter declines to make the
requested corrections, the Member, staff Member, outside counsel
or witness may request a ruling by the Chairman and Vice
Chairman, acting jointly. Any Member or witness shall return the
transcript with suggested corrections to the Committee offices
within five working days after receipt of the transcript, or as
soon thereafter as is practicable. If the testimony was given in
executive session, the Member or witness may only inspect the
transcript at a location determined by the Chairman and Vice
Chairman, acting jointly. Any questions arising with respect to
the processing and correction of transcripts shall be decided by
the Chairman and Vice Chairman, acting jointly.
(2) Except for the record of a hearing which is closed to the
public, each transcript shall be printed as soon as is
practicable after receipt of the corrected version. The Chairman
and Vice Chairman, acting jointly, may order the transcript of a
hearing to be printed without the corrections of a Member or
witness if they determine that such Member or witness has been
afforded a reasonable time to correct such transcript and such
transcript has not been returned within such time.
(3) The Committee shall furnish each witness, at no cost, one
transcript copy of that witness' testimony given at a public
hearing. If the testimony was given in executive session, then a
transcript copy shall be provided upon request, subject to
appropriate conditions and restrictions prescribed by the
Chairman and Vice Chairman. If any individual violates such
conditions and restrictions, the Committee may recommend by
majority vote that he or she be cited for contempt of Congress.
Rule 7: Subpoenas and Depositions
(a) Subpoenas:
(1) Authorization for Issuance: Subpoenas for the attendance
and testimony of witnesses at depositions or hearings, and
subpoenas for the production of documents and tangible things at
depositions, hearings, or other times and places designated
therein, may be authorized for issuance by either (A) a majority
vote of the Committee, or (B) the Chairman and Vice Chairman,
acting jointly, at any time before a preliminary inquiry, for
the purpose of obtaining information to evaluate unsworn
allegations or information, or at any time during a preliminary
inquiry, initial review, investigation, or other proceeding.
(2) Signature and Service: All subpoenas shall be signed by
the Chairman or the Vice Chairman and may be served by any
person eighteen years of age or older, who is designated by the
Chairman or Vice Chairman. Each subpoena shall be served with a
copy of the Rules of the Committee and a brief statement of the
purpose of the Committee's proceeding.
(3) Withdrawal of Subpoena: The Committee, by majority vote,
may withdraw any subpoena authorized for issuance by it or
authorized for issuance by the Chairman and Vice Chairman,
acting jointly. The Chairman and Vice Chairman, acting jointly,
may withdraw any subpoena authorized for issuance by them.
(b) Depositions:
(1) Persons Authorized To Take Depositions: Depositions may be
taken by any Member of the Committee, designated by the Chairman
and Vice Chairman, acting jointly, or by any other person
designated by the Chairman and Vice Chairman, acting jointly,
including outside counsel, Committee staff, other employees of
the Senate, or government employees detailed to the Committee.
(2) Deposition Notices: Notices for the taking of depositions
shall be authorized by the Committee, or the Chairman and Vice
Chairman, acting jointly, and issued by the Chairman, Vice
Chairman, or a Committee staff Member or outside counsel
designated by the Chairman and Vice Chairman, acting jointly.
Depositions may be taken at any time before a preliminary
inquiry, for the purpose of obtaining information to evaluate
unsworn allegations or information, or at any time during a
preliminary inquiry, initial review, investigation, or other
proceeding. Deposition notices shall specify a time and place
for examination. Unless otherwise specified, the deposition
shall be in private, and the testimony taken and documents
produced shall be deemed for the purpose of these rules to have
been received in a closed or executive session of the Committee.
The Committee shall not initiate procedures leading to criminal
or civil enforcement proceedings for a witness's failure to
appear, or to testify, or to produce documents, unless the
deposition notice was accompanied by a subpoena authorized for
issuance by the Committee, or the Chairman and Vice Chairman,
acting jointly.
(3) Counsel at Depositions: Witnesses may be accompanied at a
deposition by counsel to advise them of their rights.
(4) Deposition Procedure: Witnesses at depositions shall be
examined upon oath administered by an individual authorized by
law to administer oaths, or administered by any Member of the
Committee if one is present. Questions may be propounded by any
person or persons who are authorized to take depositions for the
Committee. If a witness objects to a question and refuses to
testify, or refuses to produce a document, any Member of the
Committee who is present may rule on the objection and, if the
objection is overruled, direct the witness to answer the
question or produce the document. If no Member of the Committee
is present, the individual who has been designated by the
Chairman and Vice Chairman, acting jointly, to take the
deposition may proceed with the deposition, or may, at that time
or at a subsequent time, seek a ruling by telephone or otherwise
on the objection from the Chairman or Vice Chairman of the
Committee, who may refer the matter to the Committee or rule on
the objection. If the Chairman or Vice Chairman, or the
Committee upon referral, overrules the objection, the Chairman,
Vice Chairman, or the Committee as the case may be, may direct
the witness to answer the question or produce the document. The
Committee shall not initiate procedures leading to civil or
criminal enforcement unless the witness refuses to testify or
produce documents after having been directed to do so.
(5) Filing of Depositions: Deposition testimony shall be
transcribed or electronically recorded. If the deposition is
transcribed, the individual administering the oath shall certify
on the transcript that the witness was duly sworn in his or her
presence and the transcriber shall certify that the transcript
is a true record of the testimony. The transcript with these
certifications shall be filed with the chief clerk of the
Committee, and the witness shall be furnished with access to a
copy at the Committee's offices for review. Upon inspecting the
transcript, within a time limit set by the Chairman and Vice
Chairman, acting jointly, a witness may request in writing
changes in the transcript to correct errors in transcription.
The witness may also bring to the attention of the Committee
errors of fact in the witness's testimony by submitting a sworn
statement about those facts with a request that it be attached
to the transcript. The Chairman and Vice Chairman, acting
jointly, may rule on the witness's request, and the changes or
attachments allowed shall be certified by the Committee's chief
clerk. If the witness fails to make any request under this
paragraph within the time limit set, this fact shall be noted by
the Committee's chief clerk. Any person authorized by the
Committee may stipulate with the witness to changes in this
procedure.
Rule 8: Violations of Law; Perjury; Legislative Recommendations; and
Applicable Rules and Standards of Conduct
(a) Violations of Law: Whenever the Committee determines by majority
vote that there is reason to believe that a violation of law may have
occurred, it shall report such possible violation to the proper state
and federal authorities.
(b) Perjury: Any person who knowingly and willfully swears falsely
to a sworn complaint or any other sworn statement to the Committee does
so under penalty of perjury. The Committee may refer any such case to
the Attorney General for prosecution.
(c) Legislative Recommendations: The Committee shall recommend to
the Senate by report or resolution such additional rules, regulations,
or other legislative measures as it determines to be necessary or
desirable to ensure proper standards of conduct by Members, officers, or
employees of the Senate. The Committee may conduct such inquiries as it
deems necessary to prepare such a report or resolution, including the
holding of hearings in public or executive session and the use of
subpoenas to compel the attendance of witnesses or the production of
materials. The Committee may make legislative recommendations as a
result of its findings in an initial review, investigation, or other
proceeding.
(d) Applicable Rules and Standards of Conduct:
(1) No initial review or investigation shall be made of an
alleged violation of any law, rule, regulation, or provision of
the Senate Code of Official Conduct which was not in effect at
the time the alleged violation occurred. No provision of the
Senate Code of Official Conduct shall apply to, or require
disclosure of any act, relationship, or transaction which
occurred prior to the effective date of the applicable provision
of the Code.
(2) The Committee may conduct an initial review or
investigation of an alleged violation of a rule or law which was
in effect prior to the enactment of the Senate Code of Official
Conduct if the alleged violation occurred while such rule or law
was in effect and the violation was not a matter resolved on the
merits by the predecessor Committee.
Rule 9: Procedures for Handling Committee Sensitive and Classified
Materials
(a) Procedures for Handling Committee Sensitive Materials:
(1) Committee Sensitive information or material is information
or material in the possession of the Select Committee on Ethics
which pertains to illegal or improper conduct by a present or
former Member, officer, or employee of the Senate; to
allegations or accusation of such conduct; to any resulting
preliminary inquiry, initial review, or investigation by the
Select Committee on Ethics into such allegations or conduct; to
the investigative techniques and procedures of the Select
Committee on Ethics; or to other information or material
designated by the staff director, or outside counsel designated
by the Chairman and Vice Chairman.
(2) The Chairman and Vice Chairman of the Committee shall
establish such procedures as may be necessary to prevent the
unauthorized disclosure of Committee Sensitive information in
the possession of the Committee or its staff. Procedures for
protecting Committee Sensitive materials shall be in writing and
shall be given to each Committee staff Member.
(b) Procedures for Handling Classified Materials:
(1) Classified information or material is information or
material which is specifically designated as classified under
the authority of Executive Order 11652 requiring protection of
such information or material from unauthorized disclosure in
order to prevent damage to the United States.
(2) The Chairman and Vice Chairman of the Committee shall
establish such procedures as may be necessary to prevent the
unauthorized disclosure of classified information in the
possession of the Committee or its staff. Procedures for
handling such information shall be in writing and a copy of the
procedures shall be given to each staff Member cleared for
access to classified information.
(3) Each Member of the Committee shall have access to
classified material in the Committee's possession. Only
Committee staff Members with appropriate security clearances and
a need-to-know, as approved by the Chairman and Vice Chairman,
acting jointly, shall have access to classified information in
the Committee's possession.
(c) Procedures for Handling Committee Sensitive and Classified
Documents:
(1) Committee Sensitive and classified documents and materials
shall be segregated in secure filing safes. Removal from the
Committee offices of such documents or materials is prohibited
except as necessary for use in, or preparation for, interviews
or Committee meetings, including the taking of testimony, or as
otherwise specifically approved by the staff director or by
outside counsel designated by the Chairman and Vice Chairman.
(2) Each Member of the Committee shall have access to all
materials in the Committee's possession. The staffs of Members
shall not have access to Committee Sensitive or classified
documents and materials without the specific approval in each
instance of the Chairman, and Vice Chairman, acting jointly.
Members may examine such materials in the Committee's offices.
If necessary, requested materials may be taken by a Member of
the Committee staff to the office of a Member of the Committee
for his or her examination, but the Committee staff Member shall
remain with the Committee Sensitive or classified documents or
materials at all times except as specifically authorized by the
Chairman or Vice Chairman.
(3) Any Member of the Senate who is not a Member of the
Committee and who seeks access to any Committee Sensitive or
classified documents or materials, other than documents or
materials which are matters of public record, shall request
access in writing. The Committee shall decide by majority vote
whether to make documents or materials available. If access is
granted, the Member shall not disclose the information except as
authorized by the Committee.
(4) Whenever the Committee makes Committee Sensitive or
classified documents or materials available to any Member of the
Senate who is not a Member of the Committee, or to a staff
person of a Committee Member in response to a specific request
to the Chairman and Vice Chairman, a written record shall be
made identifying the Member of the Senate requesting such
documents or materials and describing what was made available
and to whom.
(d) Non-Disclosure Policy and Agreement:
(1) Except as provided in the last sentence of this paragraph,
no Member of the Select Committee on Ethics, its staff or any
person engaged by contract or otherwise to perform services for
the Select Committee on Ethics shall release, divulge, publish,
reveal by writing, word, conduct, or disclose in any way, in
whole, or in part, or by way of summary, during tenure with the
Select Committee on Ethics or anytime thereafter, any testimony
given before the Select Committee on Ethics in executive session
(including the name of any witness who appeared or was called to
appear in executive session), any classified or Committee
Sensitive information, document or material, received or
generated by the Select Committee on Ethics or any classified or
Committee Sensitive information which may come into the
possession of such person during tenure with the Select
Committee on Ethics or its staff. Such information, documents,
or material may be released to an official of the executive
branch properly cleared for access with a need-to-know, for any
purpose or in connection with any proceeding, judicial or
otherwise, as authorized by the Select Committee on Ethics, or
in the event of termination of the Select Committee on Ethics,
in such a manner as may be determined by its successor or by the
Senate.
(2) No Member of the Select Committee on Ethics staff or any
person engaged by contract or otherwise to perform services for
the Select Committee on Ethics, shall be granted access to
classified or Committee Sensitive information or material in the
possession of the Select Committee on Ethics unless and until
such person agrees in writing, as a condition of employment, to
the non-disclosure policy. The agreement shall become effective
when signed by the Chairman and Vice Chairman on behalf of the
Committee.
Rule 10: Broadcasting and News Coverage of Committee Proceedings
(a) Whenever any hearing or meeting of the Committee is open to the
public, the Committee shall permit that hearing or meeting to be covered
in whole or in part, by television broadcast, radio broadcast, still
photography, or by any other methods of coverage, unless the Committee
decides by majority vote that such coverage is not appropriate at a
particular hearing or meeting.
(b) Any witness served with a subpoena by the Committee may request
not to be photographed at any hearing or to give evidence or testimony
while the broadcasting, reproduction, or coverage of that hearing, by
radio, television, still photography, or other methods is occurring. At
the request of any such witness who does not wish to be subjected to
radio, television, still photography, or other methods of coverage, and
subject to the approval of the Committee, all lenses shall be covered
and all microphones used for coverage turned off.
(c) If coverage is permitted, it shall be in accordance with the
following requirements:
(1) Photographers and reporters using mechanical recording,
filming, or broadcasting apparatus shall position their
equipment so as not to interfere with the seating, vision, and
hearing of the Committee Members and staff, or with the orderly
process of the meeting or hearing.
(2) If the television or radio coverage of the hearing or
meeting is to be presented to the public as live coverage, the
coverage shall be conducted and presented without commercial
sponsorship.
(3) Personnel providing coverage by the television and radio
media shall be currently accredited to the Radio and Television
Correspondents' Galleries.
(4) Personnel providing coverage by still photography shall be
currently accredited to the Press Photographers' Gallery
Committee of Press Photographers.
(5) Personnel providing coverage by the television and radio
media and by still photography shall conduct themselves and the
coverage activities in an orderly and unobtrusive manner.
Rule 11: Procedures for Advisory Opinions
(a) When Advisory Opinions Are Rendered:
(1) The Committee shall render an advisory opinion, in writing
within a reasonable time, in response to a written request by a
Member or officer of the Senate or a candidate for nomination
for election, or election to the Senate, concerning the
application of any law, the Senate Code of Official Conduct, or
any rule or regulation of the Senate within the Committee's
jurisdiction, to a specific factual situation pertinent to the
conduct or proposed conduct of the person seeking the advisory
opinion.
(2) The Committee may issue an advisory opinion in writing
within a reasonable time in response to a written request by any
employee of the Senate concerning the application of any law,
the Senate Code of Official Conduct, or any rule or regulation
of the Senate within the Committee's jurisdiction, to a specific
factual situation pertinent to the conduct or proposed conduct
of the person seeking the advisory opinion.
(b) Form of Request: A request for an advisory opinion shall be
directed in writing to the Chairman of the Committee and shall include a
complete and accurate statement of the specific factual situation with
respect to which the request is made as well as the specific question or
questions which the requestor wishes the Committee to address.
(c) Opportunity for Comment:
(1) The Committee will provide an opportunity for any
interested party to comment on a request for an advisory
opinion--
(A) which requires an interpretation on a significant
question of first impression that will affect more than
a few individuals; or
(B) when the Committee determines that comments from
interested parties would be of assistance.
(2) Notice of any such request for an advisory opinion shall
be published in the Congressional Record, with appropriate
deletions to insure confidentiality, and interested parties will
be asked to submit their comments in writing to the Committee
within ten days.
(3) All relevant comments received on a timely basis will be
considered.
(d) Issuance of an Advisory Opinion:
(1) The Committee staff shall prepare a proposed advisory
opinion in draft form which will first be reviewed and approved
by the Chairman and Vice Chairman, acting jointly, and will be
presented to the Committee for final action. If (A) the Chairman
and Vice Chairman cannot agree, or (B) either the Chairman or
Vice Chairman requests that it be taken directly to the
Committee, then the proposed advisory opinion shall be referred
to the Committee for its decision.
(2) An advisory opinion shall be issued only by the
affirmative recorded vote of a majority of the Members voting.
(3) Each advisory opinion issued by the Committee shall be
promptly transmitted for publication in the Congressional Record
after appropriate deletions are made to insure confidentiality.
The Committee may at any time revise, withdraw, or elaborate on
any advisory opinion.
(e) Reliance on Advisory Opinions:
(1) Any advisory opinion issued by the Committee under Senate
Resolution 338, 88th Congress, as amended, and the rules may be
relied upon by--
(A) Any person involved in the specific transaction or
activity with respect to which such advisory opinion is
rendered if the request for such advisory opinion
included a complete and accurate statement of the
specific factual situation; and
(B) any person involved in any specific transaction or
activity which is indistinguishable in all its material
aspects from the transaction or activity with respect to
which such advisory opinion is rendered.
(2) Any person who relies upon any provision or finding of an
advisory opinion in accordance with the provisions of Senate
Resolution 338, 88th Congress, as amended, and of the rules, and
who acts in good faith in accordance with the provisions and
findings of such advisory opinion shall not, as a result of any
such act, be subject to any sanction by the Senate.
Rule 12: Procedures for Interpretative Rulings
(a) Basis for Interpretative Rulings: Senate Resolution 338, 88th
Congress, as amended, authorizes the Committee to issue interpretative
rulings explaining and clarifying the application of any law, the Code
of Official Conduct, or any rule or regulation of the Senate within its
jurisdiction. The Committee also may issue such rulings clarifying or
explaining and rule or regulation of the Select Committee on Ethics.
(b) Request for Ruling: A request for such a ruling must be directed
in writing to the Chairman or Vice Chairman of the Committee.
(c) Adoption of Ruling:
(1) The Chairman and Vice Chairman, acting jointly, shall
issue a written interpretative ruling in response to any such
request, unless--
(A) they cannot agree,
(B) it requires an interpretation of a significant
question of first impression, or
(C) either requests that it be taken to the Committee,
in which event the request shall be directed to the
Committee for a ruling.
(2) A ruling on any request taken to the Committee under
subparagraph (1) shall be adopted by a majority of the Members
voting and the ruling shall then be issued by the Chairman and
Vice Chairman.
(d) Publication of Rulings: The Committee will publish in the
Congressional Record, after making appropriate deletions to ensure
confidentiality, any interpretative rulings issued under this Rule which
the Committee determines may be of assistance or guidance to other
Members, officers or employees. The Committee may at any time revise,
withdraw, or elaborate on interpretative rulings.
(e) Reliance on Rulings: Whenever an individual can demonstrate to
the Committee's satisfaction that his or her conduct was in good faith
reliance on an interpretative ruling issued in accordance with this
Rule, the Committee will not recommend sanctions to the Senate as a
result of such conduct.
(f) Rulings by Committee Staff: The Committee staff is not
authorized to make rulings or give advice, orally or in writing, which
binds the Committee in any way.
Rule 13: Procedures for Complaints Involving Improper Use of the Mailing
Frank
(a) Authority To Receive Complaints: The Committee is directed by
section 6(b) of Public Law 93-191 to receive and dispose of complaints
that a violation of the use of the mailing frank has occurred or is
about to occur by a Member or officer of the Senate or by a surviving
spouse of a Member. All such complaints will be processed in accordance
with the provisions of these Rules, except as provided in paragraph (b).
(b) Disposition of Complaints:
(1) The Committee may dispose of any such complaint by
requiring restitution of the cost of the mailing if it finds
that the franking violation was the result of a mistake.
(2) Any complaint disposed of by restitution that is made
after the Committee has formally commenced an initial review or
investigation, must be summarized, together with the
disposition, in a notice promptly transmitted for publication in
the Congressional Record.
(3) If a complaint is disposed of by restitution, the
complainant, if any, shall be notified of the disposition in
writing.
(c) Advisory Opinions and Interpretative Rulings: Requests for
advisory opinions or interpretative rulings involving franking questions
shall be processed in accordance with Rules 11 and 12.
Rule 14: Procedures for Waivers
(a) Authority for Waivers: The Committee is authorized to grant a
waiver under the following provisions of the Standing Rules of the
Senate:
(1) Section 101(h) of the Ethics in Government Act of 1978, as
amended (Rule XXXIV), relating to the filing of financial
disclosure reports by individuals who are expected to perform or
who have performed the duties of their offices or positions for
less than one hundred and thirty days in a calendar year;
(2) Section 102(a)(2)(D) of the Ethics in Government Act, as
amended (Rule XXXIV), relating to the reporting of gifts;
(3) Paragraph 1 of Rule XXXV relating to acceptance of gifts;
or
(4) Paragraph 5 of Rule XLI relating to applicability of any
of the provisions of the Code of Official Conduct to an employee
of the Senate hired on a per diem basis.
(b) Requests for Waivers: A request for a waiver under paragraph (a)
must be directed to the Chairman or Vice Chairman in writing and must
specify the nature of the waiver being sought and explain in detail the
facts alleged to justify a waiver. In the case of a request submitted by
an employee, the views of his or her supervisor (as determined under
paragraph 12 of Rule XXXVII of the Standing Rules of the Senate) should
be included with the waiver request.
(c) Ruling: The Committee shall rule on a waiver request by recorded
vote, with a majority of those voting affirming the decision.
(d) Availability of Waiver Determinations: A brief description of
any waiver granted by the Committee, with appropriate deletions to
ensure confidentiality, shall be made available for review upon request
in the Committee office. Waivers granted by the Committee pursuant to
the Ethics in Government Act of 1978, as amended, may only be granted
pursuant to a publicly available request as required by the Act.
Rule 15: Definition of ``Officer or Employee''
(a) As used in the applicable resolutions and in these rules and
procedures, the term ``officer or employee of the Senate'' means:
(1) An elected officer of the Senate who is not a Member of
the Senate;
(2) An employee of the Senate, any committee or subcommittee
of the Senate, or any Member of the Senate;
(3) The Legislative Counsel of the Senate or any employee of
his office;
(4) An Official Reporter of Debates of the Senate and any
person employed by the Official Reporters of Debates of the
Senate in connection with the performance of their official
duties;
(5) A Member of the Capitol Police force whose compensation is
disbursed by the Secretary of the Senate;
(6) An employee of the Vice President, if such employee's
compensation is disbursed by the Secretary of the Senate;
(7) An employee of a joint committee of the Congress whose
compensation is disbursed by the Secretary of the Senate;
(8) An officer or employee of any department or agency of the
Federal Government whose services are being utilized on a full-
time and continuing basis by a Member, officer, employee, or
committee of the Senate in accordance with Rule XLI(3) of the
Standing Rules of the Senate; and
(9) Any other individual whose full-time services are utilized
for more than ninety days in a calendar year by a Member,
officer, employee, or committee of the Senate in the conduct of
official duties in accordance with Rule XLI(4) of the Standing
Rules of the Senate.
Rule 16: Committee Staff
(a) Committee Policy:
(1) The staff is to be assembled and retained as a permanent,
professional, nonpartisan staff.
(2) Each Member of the staff shall be professional and
demonstrably qualified for the position for which he or she is
hired.
(3) The staff as a whole and each Member of the staff shall
perform all official duties in a nonpartisan manner.
(4) No Member of the staff shall engage in any partisan
political activity directly affecting any congressional or
presidential election.
(5) No Member of the staff or outside counsel may accept
public speaking engagements or write for publication on any
subject that is in any way related to his or her employment or
duties with the Committee without specific advance permission
from the Chairman and Vice Chairman.
(6) No Member of the staff may make public, without Committee
approval, any Committee Sensitive or classified information,
documents, or other material obtained during the course of his
or her employment with the Committee.
(b) Appointment of Staff:
(1) The appointment of all staff Members shall be approved by
the Chairman and Vice Chairman, acting jointly.
(2) The Committee may determine by majority vote that it is
necessary to retain staff Members, including a staff recommended
by a special counsel, for the purpose of a particular initial
review, investigation, or other proceeding. Such staff shall be
retained only for the duration of that particular undertaking.
(3) The Committee is authorized to retain and compensate
counsel not employed by the Senate (or by any department or
agency of the Executive Branch of the Government) whenever the
Committee determines that the retention of outside counsel if
necessary or appropriate for any action regarding any complaint
or allegation, initial review, investigation, or other
proceeding, which in the determination of the Committee, is more
appropriately conducted by counsel not employed by the
Government of the United States as a regular employee. The
Committee shall retain and compensate outside counsel to conduct
any investigation undertaken after an initial review of a sworn
complaint, unless the Committee determines that the use of
outside counsel is not appropriate in the particular case.
(c) Dismissal of Staff: A staff Member may not be removed for
partisan, political reasons, or merely as a consequence of the rotation
of the Committee Membership. The Chairman and Vice Chairman, acting
jointly, shall approve the dismissal of any staff Member.
(d) Staff Works for Committee as Whole: All staff employed by the
Committee or housed in Committee offices shall work for the Committee as
a whole, under the general direction of the Chairman and Vice Chairman,
and the immediate direction of the staff director or outside counsel.
(e) Notice of Summons To Testify: Each Member of the Committee staff
shall immediately notify the Committee in the event that he or she is
called upon by a properly constituted authority to testify or provide
confidential information obtained as a result of and during his or her
employment with the Committee.
Rule 17: Changes in Supplementary Procedural Rules
(a) Adoption of Changes in Supplementary Rules: The Rules of the
Committee, other than rules established by statute, or by the Standing
Rules and Standing Orders of the Senate, may be modified, amended, or
suspended at any time, pursuant to a majority vote of the entire
Membership taken at a meeting called with due notice when prior written
notice of the proposed change has been provided each Member of the
Committee.
(b) Publication: Any amendments adopted to the Rules of this
Committee shall be published in the Congressional Record in accordance
with Rule XXVI(2) of the Standing Rules of the Senate.
Authority and Rules of Senate Committees
Finance
COMMITTEE ON FINANCE
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(i) Committee on Finance, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and other matters
relating to the following subjects:
1. Bonded debt of the United States, except as provided in the
Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry and delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and health
programs financed by a specific tax or trust fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in the
Congressional Budget Act of 1974.
9. Revenue measures relating to the insular possessions.
10. Tariffs and import quotas, and matters related thereto.
11. Transportation of dutiable goods.
Rules of Procedure
141 Cong. Rec. S686 (daily ed. Jan. 10, 1995)
Rule 1. Regular Meeting Days.--The regular meeting day of the
committee shall be the second and fourth Tuesday of each month, except
that if there be no business before the committee the regular meeting
shall be omitted.
Rule 2. Committee Meetings.--(a) Except as provided by paragraph 3
of Rule XXVI of the Standing Rules of the Senate (relating to special
meetings called by a majority of the committee) and subsection (b) of
this rule, committee meetings, for the conduct of business, for the
purpose of holding hearings, or for any other purpose, shall be called
by the chairman. Members will be notified of committee meetings at least
48 hours in advance, unless the chairman determines that an emergency
situation requires a meeting on shorter notice. The notification will
include a written agenda together with materials prepared by the staff
relating to that agenda. After the agenda for a committee meeting is
published and distributed, no nongermane items may be brought up during
that meeting unless at least two-thirds of the members present agree to
consider those items.
(b) In the absence of the chairman, meetings of the committee may be
called by the ranking majority member of the committee who is present,
provided authority to call meetings has been delegated to such member by
the chairman.
Rule 3. Presiding Officer.--(a) The chairman shall preside at all
meetings and hearings of the committee except that in his absence the
ranking majority member who is present at the meeting shall preside.
(b) Notwithstanding the rule prescribed by subsection (a) any member
of the committee may preside over the conduct of a hearing.
Rule 4. Quorums.--(a) Except as provided in subsection (b) one-third
of the membership of the committee, including not less than one member
of the majority party and one member of the minority party, shall
constitute a quorum for the conduct of business.
(b) Notwithstanding the rule prescribed by subsection (a), one
member shall constitute a quorum for the purpose of conducting a
hearing.
Rule 5. Reporting of Measures or Recommendations.--No measure or
recommendation shall be reported from the committee unless a majority of
the committee is actually present and a majority of those present
concur.
Rule 6. Proxy Voting; Polling.--(a) Except as provided by paragraph
7(a)(3) of Rule XXVI of the Standing Rules of the Senate (relating to
limitation on use of proxy voting to report a measure or matter),
members who are unable to be present may have their vote recorded by
proxy.
(b) At the discretion of the committee, members who are unable to be
present and whose vote has not been cast by proxy may be polled for the
purpose of recording their vote on any rollcall taken by the committee.
Rule 7. Order of Motions.--When several motions are before the
committee dealing with related or overlapping matters, the chairman may
specify the order in which the motions shall be voted upon.
Rule 8. Bringing a Matter to a Vote.--If the chairman determines
that a motion or amendment has been adequately debated, he may call for
a vote on such motion or amendment, and the vote shall then be taken,
unless the committee votes to continue debate on such motion or
amendment, as the case may be. The vote on a motion to continue debate
on any motion or amendment shall be taken without debate.
Rule 9. Public Announcement of Committee Votes.--Pursuant to
paragraph 7(b) of Rule XXVI of the Standing Rules of the Senate
(relating to public announcement of votes), the results of rollcall
votes taken by the committee on any measure (or amendment thereto) or
matter shall be announced publicly not later than the day on which such
measure or matter is ordered reported from the committee.
Rule 10. Subpoenas.--Subpoenas for attendance of witnesses and the
production of memoranda, documents, and records shall be issued by the
chairman, or by any other member of the committee designated by him.
Rule 11. Open Committee Hearings.--To the extent required by
paragraph 5 of Rule XXVI of the Standing Rules of the Senate (relating
to limitations on open hearings), each hearing conducted by the
committee shall be open to the public.
Rule 12. Announcement of Hearings.--The committee shall undertake
consistent with the provisions of paragraph 4(a) of Rule XXVI of the
Standing Rules of the Senate (relating to public notice of committee
hearings) to issue public announcements of hearings it intends to hold
at least one week prior to the commencement of such hearings.
Rule 13. Witnesses at Hearings.--(a) Each witness who is scheduled
to testify at any hearing must submit his written testimony to the staff
director not later than noon of the business day immediately before the
last business day preceding the day on which he is scheduled to appear.
Such written testimony shall be accompanied by a brief summary of the
principal points covered in the written testimony. Having submitted his
written testimony, the witness shall be allowed not more than ten
minutes for oral presentation of his statement.
(b) Witnesses may not read their entire written testimony, but must
confine their oral presentation to a summarization of their arguments.
(c) Witnesses shall observe proper standards of dignity, decorum and
propriety while presenting their views to the committee. Any witness who
violates this rule shall be dismissed, and his testimony (both oral and
written) shall not appear in the record of the hearing.
(d) In scheduling witnesses for hearings, the staff shall attempt to
schedule witnesses so as to attain a balance of views early in the
hearings. Every member of the committee may designate witnesses who will
appear before the committee to testify. To the extent that a witness
designated by a member cannot be scheduled to testify during the time
set aside for the hearing, a special time will be set aside for that
witness to testify if the member designating that witness is available
at that time to chair the hearing.
Rule 14. Audiences.--Persons admitted into the audience for open
hearings of the committee shall conduct themselves with the dignity,
decorum, courtesy and propriety traditionally observed by the Senate.
Demonstrations of approval or disapproval of any statement or act by any
member or witness are not allowed. Persons creating confusion or
distractions or otherwise disrupting the orderly proceeding of the
hearing shall be expelled from the hearing.
Rule 15. Broadcasting of Hearings.--(a) Broadcasting of open
hearings by television or radio coverage shall be allowed upon approval
by the chairman of a request filed with the staff director not later
than noon of the day before the day on which such coverage is desired.
(b) If such approval is granted, broadcasting coverage of the
hearing shall be conducted unobtrusively and in accordance with the
standards of dignity, propriety, courtesy and decorum traditionally
observed by the Senate.
(c) Equipment necessary for coverage by television and radio media
shall not be installed in, or removed from, the hearing room while the
committee is in session.
(d) Additional lighting may be installed in the hearing room by the
media in order to raise the ambient lighting level to the lowest level
necessary to provide adequate television coverage of the hearing at the
then current state of the art of television coverage.
(e) The additional lighting authorized by subsection (d) of this
rule shall not be directed into the eyes of any members of the committee
or of any witness, and at the request of any such member or witness,
offending lighting shall be extinguished.
(f) No witness shall be required to be photographed at any hearing
or to give testimony while the broadcasting (or coverage) of that
hearing is being conducted. At the request of any such witness who does
not wish to be subjected to radio or television coverage, all equipment
used for coverage shall be turned off.
Rule 16. Subcommittees.--(a) The chairman, subject to the approval
of the committee, shall appoint legislative subcommittees. All
legislation shall be kept on the full committee calendar unless a
majority of the members present and voting agree to refer specific
legislation to an appropriate subcommittee.
(b) The chairman may limit the period during which House-passed
legislation referred to a subcommittee under paragraph (a) will remain
in that subcommittee. At the end of that period, the legislation will be
restored to the full committee calendar. The period referred to in the
preceding sentences should be 6 weeks, but may be extended in the event
that adjournment or a long recess is imminent.
(c) All decisions of the chairman are subject to approval or
modification by a majority vote of the committee.
(d) The full committee may at any time by majority vote of those
members present discharge a subcommittee from further consideration of a
specific piece of legislation.
(e) Because the Senate is constitutionally prohibited from passing
revenue legislation originating in the Senate, subcommittees may mark up
legislation originating in the Senate and referred to them under Rule
16(a) to develop specific proposals for full committee consideration but
may not report such legislation to the full committee. The preceding
sentence does not apply to nonrevenue legislation originating in the
Senate.
(f) The chairman and ranking minority members shall serve as
nonvoting ex officio members of the subcommittees on which they do not
serve as voting members.
(g) Any member of the committee may attend hearings held by any
subcommittee and question witnesses testifying before that subcommittee.
(h) Subcommittee meeting times shall be coordinated by the staff
director to insure that--
(1) no subcommittee meeting will be held when the committee is
in executive session, except by unanimous consent;
(2) no more than one subcommittee will meet when the full
committee is holding hearings; and
(3) not more than two subcommittees will meet at the same
time.
Notwithstanding paragraphs (2) and (3), a subcommittee may meet when
the full committee is holding hearings and two subcommittees may meet at
the same time only upon the approval of the chairman and the ranking
minority member of the committee and subcommittees involved.
(i) All nominations shall be considered by the full committee.
(j) The chairman will attempt to schedule reasonably frequent
meetings of the full committee to permit consideration of legislation
reported favorably to the committee by the subcommittees.
Rule 17. Transcripts of Committee Meetings.--An accurate record
shall be kept of all markups of the committee, whether they be open or
closed to the public. This record, marked as ``uncorrected,'' shall be
available for inspection by members of the Senate, or members of the
committee together with their staffs, at any time. This record shall not
be published or made public in any way except:
(a) By majority vote of the committee after all members of the
committee have had a reasonable opportunity to correct their
remarks for grammatical errors or to accurately reflect
statements made.
(b) Any member may release his own remarks made in any markup
of the committee provided that every member or witness whose
remarks are contained in the released portion is given a
reasonable opportunity before release to correct their remarks.
Notwithstanding the above, in the case of the record of an executive
session of the committee that is closed to the public pursuant to Rule
XXVI of the Standing Rules of the Senate, the record shall not be
published or made public in any way except by majority vote of the
committee after all members of the committee have had a reasonable
opportunity to correct their remarks for grammatical errors or to
accurately reflect statements made.
Rule 18. Amendment of Rules.--The foregoing rules may be added to,
modified, amended or suspended at any time.
Authority and Rules of Senate Committees
Foreign Relations
COMMITTEE ON FOREIGN RELATIONS
Jurisdiction and Rules of Procedure \1\
\1\ The Committee on Foreign Relations sets forth its jurisdiction
under Senate Rule XXV.1(j) in Rule 1(a) .
---------------------------------------------------------------------------
141 Cong. Rec. S2261 (daily ed. Feb. 7, 1995)
Rule 1--Jurisdiction
(a) Substantive.--In accordance with Senate Rule XXV.1(j), the
jurisdiction of the Committee shall extend to all proposed legislation,
messages, petitions, memorials, and other matters relating to the
following subjects:
1. Acquisition of land and buildings for embassies and
legations in foreign countries.
2. Boundaries of United States.
3. Diplomatic service.
4. Foreign economic, military, technical, and humanitarian
assistance.
5. Foreign loans.
6. International activities of the American National Red
Cross and the International Committee of the Red Cross.
7. International aspects of nuclear energy, including nuclear
transfer policy.
8. International conferences and congresses.
9. International law as it relates to foreign policy.
10. International Monetary Fund and other international
organizations established primarily for international monetary
purposes (except that, at the request of the Committee on
Banking, Housing, and Urban Affairs, any proposed legislation
relating to such subjects reported by the Committee on Foreign
Relations shall be referred to the Committee on Banking,
Housing, and Urban Affairs).
11. Intervention abroad and declarations of war.
12. Measures to foster commercial intercourse with foreign
nations and to safeguard American business interests abroad.
13. National security and international aspects of
trusteeships of the United States.
14. Ocean and international environmental and scientific
affairs as they relate to foreign policy.
15. Protection of United States citizens abroad and
expatriation.
16. Relations of the United States with foreign nations
generally.
17. Treaties and executive agreements, except reciprocal trade
agreements.
18. United Nations and its affiliated organizations.
19. World Bank group, the regional development banks, and
other international organizations established primarily for
development assistance purposes.
The Committee is also mandated by Senate Rule XXV.1(j) to study and
review, on a comprehensive basis, matters relating to the national
security policy, foreign policy, and international economic policy as it
relates to foreign policy of the United States, and matters relating to
food, hunger, and nutrition in foreign countries, and report thereon
from time to time.
(b) Oversight.--The Committee also has a responsibility under Senate
Rule XXVI.8, which provides that ``. . . each standing Committee . . .
shall review and study, on a continuing basis the application,
administration, and execution of those laws, or parts of laws, the
subject matter of which is within the jurisdiction of that Committee.''
(c) ``Advice and Consent'' Clauses.--The Committee has a special
responsibility to assist the Senate in its constitutional function of
providing ``advice and consent'' to all treaties entered into by the
United States and all nominations to the principal executive branch
positions in the field of foreign policy and diplomacy.
Rule 2--Subcommittees
(a) Creation.--Unless otherwise authorized by law or Senate
resolution, subcommittees shall be created by majority vote of the
Committee and shall deal with such legislation and oversight of programs
and policies as the Committee directs. Legislative measures or other
matters may be referred to a subcommittee for consideration in the
discretion of the Chairman or by vote of a majority of the Committee. If
the principal subject matter of a measure or matter to be referred falls
within the jurisdiction of more than one subcommittee, the Chairman or
the Committee may refer the matter to two or more subcommittees for
joint consideration.
(b) Assignments.--Assignments of members to subcommittees shall be
made in an equitable fashion. No member of the Committee may receive
assignment to a second subcommittee until, in order of seniority, all
members of the Committee have chosen assignments to one subcommittee,
and no member shall receive assignments to a third subcommittee until,
in order of seniority, all members have chosen assignments to two
subcommittees.
No member of the Committee may serve on more than four subcommittees
at any one time.
The Chairman and Ranking Minority Member of the Committee shall be
ex officio members, without vote, of each subcommittee.
(c) Meetings.--Except when funds have been specifically made
available by the Senate for a subcommittee purpose, no subcommittee of
the Committee on Foreign Relations shall hold hearings involving
expenses without prior approval of the Chairman of the full Committee or
by decision of the full Committee. Meetings of subcommittees shall be
scheduled after consultation with the Chairman of the Committee with a
view toward avoiding conflicts with meetings of other subcommittees
insofar as possible. Meetings of subcommittees shall not be scheduled to
conflict with meetings of the full Committee.
The proceedings of each subcommittee shall be governed by the rules
of the full Committee, subject to such authorizations or limitations as
the Committee may from time to time prescribe.
Rule 3--Meetings
(a) Regular Meeting Day.--The regular meeting day of the Committee
on Foreign Relations for the transaction of Committee business shall be
on Tuesday of each week, unless otherwise directed by the Chairman.
(b) Additional Meetings.--Additional meetings and hearings of the
Committee may be called by the Chairman as he may deem necessary. If at
least three members of the Committee desire that a special meeting of
the Committee be called by the Chairman, those members may file in the
offices of the Committee their written request to the Chairman for that
special meeting. Immediately upon filing of the request, the Chief Clerk
of the Committee shall notify the Chairman of the filing of the request.
If, within three calendar days after the filing of the request, the
Chairman does not call the requested special meeting, to be held within
seven calendar days after the filing of the request, a majority of the
members of the Committee may file in the offices of the Committee their
written notice that a special meeting of the Committee will be held,
specifying the date and hour of that special meeting. The Committee
shall meet on that date and hour. Immediately upon the filing of the
notice, the Clerk shall notify all members of the Committee that such
special meeting will be held and inform them of its date and hour.
(c) Minority Request.--Whenever any hearing is conducted by the
Committee or a subcommittee upon any measure or matter, the minority on
the Committee shall be entitled, upon request made by a majority of the
minority members to the Chairman before the completion of such hearing,
to call witnesses selected by the minority to testify with respect to
the measure or matter during at least one day of hearing thereon.
(d) Public Announcement.--The Committee, or any subcommittee
thereof, shall make public announcement of the date, place, time and
subject matter of any hearing to be conducted on any measure or matter
at least one week in advance of such hearings, unless the Chairman of
the Committee, or subcommittee, determines that there is good cause to
begin such hearing at an earlier date.
(e) Procedure.--Insofar as possible, proceedings of the Committee
will be conducted without resort to the formalities of parliamentary
procedure and with due regard for the views of all members. Issues of
procedure which may arise from time to time shall be resolved by
decision of the Chairman, in consultation with the Ranking Minority
Member. The Chairman, in consultation with the Ranking Minority Member,
may also propose special procedures to govern the consideration of
particular matters by the Committee.
(f) Closed Sessions.--Each meeting of the Committee on Foreign
Relations, or any subcommittee thereof, including meetings to conduct
hearings, shall be open to the public, except that a meeting or series
of meetings by the Committee or a subcommittee on the same subject for a
period of no more than fourteen calendar days may be closed to the
public on a motion made and seconded to go into closed session to
discuss only whether the matters enumerated in paragraphs (1) through
(6) would require the meeting to be closed followed immediately by a
record vote in open session by a majority of the members of the
Committee or subcommittee when it is determined that the matters to be
discussed or the testimony to be taken at such meeting or meetings--
(1) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(2) will relate solely to matters of Committee staff personnel
or internal staff management or procedure;
(3) will tend to charge an individual with crime or
misconduct; to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the trade secrets or
financial or commercial information pertaining specifically to a
given person if--
(A) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(B) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person, or
(6) may divulge matters required to be kept confidential under
other provisions of law or Government regulations.
A closed meeting may be opened by a majority vote of the Committee.
(g) Staff Attendance.--A member of the Committee may have one member
of his or her personal staff, for whom that member assumes personal
responsibility, accompany and be seated nearby at Committee meetings.
Each member of the Committee may designate members of his or her
personal staff, who hold a Top Secret security clearance, for the
purpose of their eligibility to attend closed sessions of the Committee,
subject to the same conditions set forth for Committee staff under Rules
12, 13, and 14.
In addition, the Majority Leader and the Minority Leader of the
Senate, if they are not otherwise members of the Committee, may
designate one member of their staff with a Top Secret security clearance
to attend closed sessions of the Committee, subject to the same
conditions set forth for Committee staff under Rules 12, 13 and 14.
Staff of other Senators who are not members of the Committee may not
attend closed sessions of the Committee.
Attendance of Committee staff at meetings shall be limited to those
designated by the Staff Director or the Minority Staff Director.
The Committee, by majority vote, or the Chairman, with the
concurrence of the Ranking Minority Member, may limit staff attendance
at specified meetings.
Rule 4--Quorums
(a) Testimony.--For the purpose of taking sworn or unsworn testimony
at any duly scheduled meeting a quorum of the Committee and each
subcommittee thereof shall consist of one member.
(b) Business.--A quorum for the transaction of Committee or
subcommittee business, other than for reporting a measure or
recommendation to the Senate or the taking of testimony, shall consist
of one-third of the members of the Committee or subcommittee, including
at least one member from each party.
(c) Reporting.--A majority of the membership of the Committee shall
constitute a quorum for reporting any measure or recommendation to the
Senate. No measure or recommendation shall be ordered reported from the
Committee unless a majority of the Committee members are physically
present. The vote of the Committee to report a measure or matter shall
require the concurrence of a majority of those members who are
physically present at the time the vote is taken.
Rule 5--Proxies
Proxies must be in writing with the signature of the absent member.
Subject to the requirements of Rule 4 for the physical presence of a
quorum to report a matter, proxy voting shall be allowed on all measures
and matters before the Committee. However, proxies shall not be voted on
a measure or matter except when the absent member has been informed of
the matter on which he is being recorded and has affirmatively requested
that he be so recorded.
Rule 6--Witnesses
(a) General.--The Committee on Foreign Relations will consider
requests to testify on any matter or measure pending before the
Committee.
(b) Presentation.--If the Chairman so determines, the oral
presentation of witnesses shall be limited to 10 minutes. However,
written statements of reasonable length may be submitted by witnesses
and other interested persons who are unable to testify in person.
(c) Filing of Statements.--A witness appearing before the Committee,
or any subcommittee thereof, shall file a written statement of his
proposed testimony at least 48 hours prior to his appearance, unless
this requirement is waived by the Chairman and the Ranking Minority
Member following their determination that there is good cause for
failure to file such a statement.
(d) Expenses.--Only the Chairman may authorize expenditures of funds
for the expenses of witnesses appearing before the Committee or its
subcommittees.
(e) Requests.--Any witness called for a hearing may submit a written
request to the Chairman no later than 24 hours in advance for his
testimony to be in closed or open session, or for any other unusual
procedure. The Chairman shall determine whether to grant any such
request and shall notify the Committee Members of the request and of his
decision.
Rule 7--Subpoenas
(a) Authorization.--The Chairman or any other member of the
Committee, when authorized by a majority vote of the Committee at a
meeting or by proxies, shall have authority to subpoena the attendance
of witnesses or the production of memoranda, documents, records, or any
other materials. When the Committee authorizes a subpoena, it may be
issued upon the signature of the Chairman or any other member designated
by the Committee.
(b) Return.--A subpoena, or a request to an agency, for documents
may be issued whose return shall occur at a time and place other than
that of a scheduled Committee meeting. A return on such a subpoena or
request which is incomplete or accompanied by an objection constitutes
good cause for a hearing on shortened notice. Upon such a return, the
Chairman or any other member designated by him may convene a hearing by
giving 2 hours notice by telephone to all other members. One member
shall constitute a quorum for such a hearing. The sole purpose of such a
hearing shall be to elucidate further information about the return and
to rule on the objection.
(c) Depositions.--At the direction of the Committee, staff is
authorized to take depositions from witnesses.
Rule 8--Reports
(a) Filing.--When the Committee has ordered a measure or
recommendation reported, the report thereon shall be filed in the Senate
at the earliest practicable time.
(b) Supplemental, Minority and Additional Views.--A member of the
Committee who gives notice of his intentions to file supplemental,
minority, or additional views at the time of final Committee approval of
a measure or matter, shall be entitled to not less than 3 calendar days
in which to file such views, in writing, with the Chief Clerk of the
Committee, with the 3 days to begin at 11:00 p.m. on the same day that
the Committee has ordered a measure or matter reported. Such views shall
then be included in the Committee report and printed in the same volume,
as a part thereof, and their inclusion shall be noted on the cover of
the report. In the absence of timely notice, the Committee report may be
filed and printed immediately without such views.
(c) Rollcall Votes.--The results of all rollcall votes taken in any
meeting of the Committee on any measure, or amendment thereto, shall be
announced in the Committee report. The announcement shall include a
tabulation of the votes cast in favor and votes cast in opposition to
each such measure and amendment by each member of the Committee.
Rule 9--Treaties
(a) The Committee is the only committee of the Senate with
jurisdiction to review and report to the Senate on treaties submitted by
the President for Senate advice and consent. Because the House of
Representatives has no role in the approval of treaties, the Committee
is therefore the only congressional committee with responsibility for
treaties.
(b) Once submitted by the President for advice and consent, each
treaty is referred to the Committee and remains on its calendar from
Congress to Congress until the Committee takes action to report it to
the Senate or recommend its return to the President, or until the
Committee is discharged of the treaty by the Senate.
(c) In accordance with Senate Rule XXX.2, treaties which have been
reported to the Senate but not acted on before the end of a Congress
``shall be resumed at the commencement of the next Congress as if no
proceedings had previously been had thereon.''
(d) Insofar as possible, the Committee should conduct a public
hearing on each treaty as soon as possible after its submission by the
President. Except in extraordinary circumstances, treaties reported to
the Senate shall be accompanied by a written report.
Rule 10--Nominations
(a) Waiting Requirement.--Unless otherwise directed by the Chairman
and the Ranking Minority Member, the Committee on Foreign Relations
shall not consider any nomination until 6 calendar days after it has
been formally submitted to the Senate.
(b) Public Consideration.--Nominees for any post who are invited to
appear before the Committee shall be heard in public session, unless a
majority of the Committee decrees otherwise.
(c) Required Data.--No nomination shall be reported to the Senate
unless (1) the nominee has been accorded a security clearance on the
basis of a thorough investigation by executive branch agencies; (2) in
appropriate cases, the nominee has filed a confidential statement and
financial disclosure report with the Committee; (3) the Committee has
been assured that the nominee does not have any interests which could
conflict with the interests of the government in the exercise of the
nominee's proposed responsibilities; (4) for persons nominated to be
chief of mission, ambassador-at-large, or minister, the Committee has
received a complete list of any contributions made by the nominee or
members of his immediate family to any Federal election campaign during
the year of his or her nomination and for the 4 preceding years; and (5)
for persons nominated to be chiefs of mission, a report on the
demonstrated competence of that nominee to perform the duties of the
position to which he or she has been nominated.
Rule 11--Travel
(a) Foreign Travel.--No member of the Committee on Foreign Relations
or its staff shall travel abroad on Committee business unless
specifically authorized by the Chairman, who is required by law to
approve vouchers and report expenditures of foreign currencies, and the
Ranking Minority Member. Requests for authorization of such travel shall
state the purpose and, when completed, a full substantive and financial
report shall be filed with the Committee within 30 days. This report
shall be furnished to all members of the Committee and shall not be
otherwise disseminated without the express authorization of the
Committee. Except in extraordinary circumstances, staff travel shall not
be approved unless the reporting requirements have been fulfilled for
all prior trips. Except for travel that is strictly personal, travel
funded by non-U.S. Government sources is subject to the same approval
and substantive reporting requirements as U.S. Government-funded travel.
In addition, members and staff are reminded of Senate Rule XXXV.4
requiring a determination by the Senate Ethics Committee in the case of
foreign-sponsored travel.
Any proposed travel by Committee staff for a subcommittee purpose
must be approved by the subcommittee chairman and Ranking Minority
Member prior to submission of the request to the Chairman and Ranking
Minority Member of the full Committee.
When the Chairman and the Ranking Minority Member approve the
foreign travel of a member of the staff of the Committee not
accompanying a member of the Committee, all members of the Committee
shall be advised, prior to the commencement of such travel of its
extent, nature, and purpose.
(b) Domestic Travel.--All official travel in the United States by
the Committee staff shall be approved in advance by the Staff Director,
or in the case of minority staff, by the Minority Staff Director.
(c) Personal Staff.--As a general rule, no more than one member of
the personal staff of a member of the Committee may travel with that
member with the approval of the Chairman and the Ranking Minority Member
of the Committee. During such travel, the personal staff member shall be
considered to be an employee of the Committee.
Rule 12--Transcripts
(a) General.--The Committee on Foreign Relations shall keep verbatim
transcripts of all Committee and subcommittee meetings and such
transcripts shall remain in the custody of the Committee, unless a
majority of the Committee decides otherwise. Transcripts of public
hearings by the Committee shall be published unless the Chairman, with
the concurrence of the Ranking Minority Member, determines otherwise.
(b) Classified or Restricted Transcripts.--
(1) The Chief Clerk of the Committee shall have responsibility
for the maintenance and security of classified or restricted
transcripts.
(2) A record shall be maintained of each use of classified or
restricted transcripts.
(3) Classified or restricted transcripts shall be kept in
locked combination safes in the Committee offices except when in
active use by authorized persons for a period not to exceed 2
weeks. Extensions of this period may be granted as necessary by
the Chief Clerk. They must never be left unattended and shall be
returned to the Chief Clerk promptly when no longer needed.
(4) Except as provided in paragraph 7 below, transcripts
classified secret or higher may not leave the Committee offices
except for the purpose of declassification.
(5) Classified transcripts other than those classified secret
or higher may leave the Committee offices in the possession of
authorized persons with the approval of the Chairman. Delivery
and return shall be made only by authorized persons. Such
transcripts may not leave Washington, DC, unless adequate
assurances for their security are made to the Chairman.
(6) Extreme care shall be exercised to avoid taking notes or
quotes from classified transcripts. Their contents may not be
divulged to any unauthorized person.
(7) Subject to any additional restrictions imposed by the
Chairman with the concurrence of the Ranking Minority Member,
only the following persons are authorized to have access to
classified or restricted transcripts:
(i) Members and staff of the Committee in the
Committee rooms;
(ii) Designated personal representatives of members of
the Committee, and of the Majority and Minority Leaders,
with appropriate security clearances, in the Committee's
Capitol office;
(iii) Senators not members of the Committee, by
permission of the Chairman in the Committee rooms; and
(iv) Members of the executive departments involved in
the meeting, in the Committee's Capitol office, or, with
the permission of the Chairman, in the offices of the
officials who took part in the meeting, but in either
case, only for a specified and limited period of time,
and only after reliable assurances against further
reproduction or dissemination have been given.
(8) Any restrictions imposed upon access to a meeting of the
Committee shall also apply to the transcript of such meeting,
except by special permission of the Chairman and notice to the
other members of the Committee. Each transcript of a closed
session of the Committee shall include on its cover a
description of the restrictions imposed upon access, as well as
any applicable restrictions upon photocopying, note-taking or
other dissemination.
(9) In addition to restrictions resulting from the inclusion
of any classified information in the transcript of a Committee
meeting, members and staff shall not discuss with anyone the
proceedings of the Committee in closed session or reveal
information conveyed or discussed in such a session unless that
person would have been permitted to attend the session itself,
or unless such communication is specifically authorized by the
Chairman, the Ranking Minority Member, or in the case of staff,
by the Staff Director or Minority Staff Director. A record shall
be kept of all such authorizations.
(c) Declassification.--
(1) All restricted transcripts and classified Committee
reports shall be declassified on a date 12 years after their
origination unless the Committee by majority vote decides
against such declassification, and provided that the executive
departments involved and all former Committee members who
participated directly in the sessions or reports concerned have
been consulted in advance and given a reasonable opportunity to
raise objections to such declassification.
(2) Any transcript or classified Committee report, or any
portion thereof, may be declassified fewer than 12 years after
their origination if:
(i) the Chairman originates such action or receives a
written request for such action, and notifies the other
members of the Committee; and
(ii) the Chairman, Ranking Minority Member, and each
member or former member who participated directly in
such meeting or report give their approval, except that
the Committee by majority vote may overrule any
objections thereby raised to early declassification; and
(iii) the executive departments and all former
Committee members are consulted in advance and have a
reasonable opportunity to object to early
declassification.
Rule 13--Classified Material
(a) All classified material received or originated by the Committee
shall be logged in at the Committee's offices in the Dirksen Senate
Office Building, and except for material classified as ``Top Secret''
shall be filed in the Dirksen Senate Building offices for Committee use
and safekeeping.
(b) Each such piece of classified material received or originated
shall be card indexed and serially numbered, and where requiring onward
distribution shall be distributed by means of an attached indexed form
approved by the Chairman. If such material is to be distributed outside
the Committee offices, it shall, in addition to the attached form, be
accompanied also by an approved signature sheet to show onward receipt.
(c) Distribution of classified material among offices shall be by
Committee members or authorized staff only. All classified material sent
to members' offices, and that distributed within the working offices of
the Committee, shall be returned to the offices designated by the Chief
Clerk. No classified material is to be removed from the offices of the
members or of the Committee without permission of the Chairman. Such
classified material will be afforded safe handling and safe storage at
all times.
(d) Material classified ``Top Secret,'' after being indexed and
numbered shall be sent to the Committee's Capitol office for use by the
members and authorized staff in that office only or in such other secure
Committee offices as may be authorized by the Chairman or Staff
Director.
(e) In general, members and staff undertake to confine their access
to classified information on the basis of a ``need to know'' such
information related to their Committee responsibilities.
(f) The Staff Director is authorized to make such administrative
regulations as may be necessary to carry out the provisions of these
regulations.
Rule 14--Staff
(a) Responsibilities.--
(1) The staff works for the Committee as a whole, under the
general supervision of the Chairman of the Committee, and the
immediate direction of the Staff Director; provided, however,
that such part of the staff as is designated Minority Staff,
shall be under the general supervision of the Ranking Minority
Member and under the immediate direction of the Minority Staff
Director.
(2) Any member of the Committee should feel free to call upon
the staff at any time for assistance in connection with
Committee business. Members of the Senate not members of the
Committee who call upon the staff for assistance from time to
time should be given assistance subject to the overriding
responsibility of the staff to the Committee.
(3) The staff's primary responsibility is with respect to
bills, resolutions, treaties, and nominations.
In addition to carrying out assignments from the Committee and
its individual members, the staff has a responsibility to
originate suggestions for Committee or subcommittee
consideration. The staff also has a responsibility to make
suggestions to individual members regarding matters of special
interest to such members.
(4) It is part of the staff's duty to keep itself as well
informed as possible in regard to developments affecting foreign
relations and in regard to the administration of foreign
programs of the United States. Significant trends or
developments which might otherwise escape notice should be
called to the attention of the Committee, or of individual
Senators with particular interests.
(5) The staff shall pay due regard to the constitutional
separation of powers between the Senate and the executive
branch. It therefore has a responsibility to help the Committee
bring to bear an independent, objective judgment of proposals by
the executive branch and when appropriate to originate sound
proposals of its own. At the same time, the staff shall avoid
impinging upon the day-to-day conduct of foreign affairs.
(6) In those instances when Committee action requires the
expression of minority views, the staff shall assist the
minority as fully as the majority to the end that all points of
view may be fully considered by members of the Committee and of
the Senate. The staff shall bear in mind that under our
constitutional system it is the responsibility of the elected
members of the Senate to determine legislative issues in the
light of as full and fair a presentation of the facts as the
staff may be able to obtain.
(b) Restrictions.--
(1) The staff shall regard its relationship to the Committee as a
privileged one, in the nature of the relationship of a lawyer to a
client. In order to protect this relationship and the mutual confidence
which must prevail if the Committee-staff relationship is to be a
satisfactory and fruitful one, the following criteria shall apply:
(i) Members of the staff shall not be identified with
any special interest group in the field of foreign
relations or allow their names to be used by any such
group;
(ii) Members of the staff shall not accept public
speaking engagements or write for publication in the
field of foreign relations without specific advance
permission from the Staff Director, or, in the case of
minority staff, from the Minority Staff Director. In the
case of the Staff Director and the Minority Staff
Director, such advance permission shall be obtained from
the Chairman or the Ranking Minority Member, as
appropriate. In any event, such public statements should
avoid the expression of personal views and should not
contain predictions of future, or interpretations of
past, Committee action; and
(iii) Staff shall not discuss their private
conversations with members of the Committee without
specific advance permission from the Senator or Senators
concerned.
(2) The staff shall not discuss with anyone the proceedings of
the Committee in closed session or reveal information conveyed
or discussed in such a session unless that person would have
been permitted to attend the session itself, or unless such
communication is specifically authorized by the Staff Director
or Minority Staff Director. Unauthorized disclosure of
information from a closed session or of classified information
shall be cause for immediate dismissal and may, in the case of
some kinds of information, be grounds for criminal prosecution.
Rule 15--Status and Amendment of Rules
(a) Status.--In addition to the foregoing, the Committee on Foreign
Relations is governed by the Standing Rules of the Senate which shall
take precedence in the event of a clear inconsistency. In addition, the
jurisdiction and responsibilities of the Committee with respect to
certain matters, as well as the timing and procedure for their
consideration in Committee, may be governed by statute.
(b) Amendment.--These Rules may be modified, amended, or repealed by
a majority of the Committee, provided that a notice in writing of the
proposed change has been given to each member at least 48 hours prior to
the meeting at which action thereon is to be taken. However, rules of
the Committee which are based upon Senate rules may not be superseded by
Committee vote alone.
Authority and Rules of Senate Committees
Governmental Affairs
COMMITTEE ON GOVERNMENTAL AFFAIRS
Jurisdiction
A. Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(k)(1) Committee on Governmental Affairs, to which committees shall
be referred all proposed legislation, messages, petitions, memorials,
and other matters relating to the following subjects:
1. Archives of the United States.
2. Budget and accounting measures, other than appropriations,
except as provided in the Congressional Budget Act of 1974.
3. Census and collection of statistics, including economic and
social statistics.
4. Congressional organization, except for any part of the matter
that amends the rules or orders of the Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of Columbia, except
appropriations therefor.
9. Organization and management of United States nuclear export
policy.
10. Organization and reorganization of the executive branch of the
Government.
11. Postal Service.
12. Status of officers and employees of the United States, including
their classification, compensation, and benefits.
(2) Such committee shall have the duty of--
(A) receiving and examining reports of the Comptroller General
of the United States and of submitting such recommendations to
the Senate as it deems necessary or desirable in connection with
the subject matter of such reports;
(B) studying the efficiency, economy, and effectiveness of all
agencies and departments of the Government;
(C) evaluating the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(D) studying the intergovernmental relationships between the
United States and the States and municipalities, and between the
United States and international organizations of which the
United States is a member.
B. Omnibus Committee Funding Resolution for 1995 and 1996, S. Res. 73,
Sec. 13(d), 141 Cong. Rec. S2564 (daily ed. Feb. 13, 1995) \1\
\1\ The full text of sections 1 through 23 of S. Res. 73, is set
forth at pages 169-184, infra.
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* * * * * * *
(d)(1) The committee, or any duly authorized subcommittee thereof,
is authorized to study or investigate--
(A) the efficiency and economy of operations of all branches
of the Government including the possible existence of fraud,
misfeasance, malfeasance, collusion, mismanagement,
incompetence, corruption, or unethical practices, waste,
extravagance, conflicts of interest, and the improper
expenditure of Government funds in transactions, contracts, and
activities of the Government or of Government officials and
employees and any and all such improper practices between
Government personnel and corporations, individuals, companies,
or persons affiliated therewith, doing business with the
Government; and the compliance or noncompliance of such
corporations, companies, or individuals or other entities with
the rules, regulations, and laws governing the various
governmental agencies and its relationships with the public;
(B) the extent to which criminal or other improper practices
or activities are, or have been, engaged in the field of labor-
management relations or in groups or organizations of employees
or employers, to the detriment of interests of the public,
employers, or employees, and to determine whether any changes
are required in the laws of the United States in order to
protect such interests against the occurrence of such practices
or activities;
(C) organized criminal activities which may operate in or
otherwise utilize the facilities of interstate or international
commerce in furtherance of any transactions and the manner and
extent to which, and the identity of the persons, firms, or
corporations, or other entities by whom such utilization is
being made, and further, to study and investigate the manner in
which and the extent to which persons engaged in organized
criminal activity have infiltrated lawful business enterprise,
and to study the adequacy of Federal laws to prevent the
operations of organized crime in interstate or international
commerce; and to determine whether any changes are required in
the laws of the United States in order to protect the public
against such practices or activities;
(D) all other aspects of crime and lawlessness within the
United States which have an impact upon or affect the national
health, welfare, and safety; including but not limited to
investment fraud schemes, commodity and security fraud, computer
fraud, and the use of offshore banking and corporate facilities
to carry out criminal objectives;
(E) the efficiency and economy of operations of all branches
and functions of the Government with particular reference to--
(i) the effectiveness of present national security
methods, staffing, and processes as tested against the
requirements imposed by the rapidly mounting complexity
of national security problems;
(ii) the capacity of present national security
staffing, methods, and processes to make full use of the
Nation's resources of knowledge and talents;
(iii) the adequacy of present intergovernmental
relations between the United States and international
organizations principally concerned with national
security of which the United States is a member; and
(iv) legislative and other proposals to improve these
methods, processes, and relationships;
(F) the efficiency, economy, and effectiveness of all agencies
and departments of the Government involved in the control and
management of energy shortages including, but not limited to,
their performance with respect to--
(i) the collection and dissemination of accurate
statistics on fuel demand and supply;
(ii) the implementation of effective energy
conservation measures;
(iii) the pricing of energy in all forms;
(iv) coordination of energy programs with State and
local government;
(v) control of exports of scarce fuels;
(vi) the management of tax, import, pricing, and other
policies affecting energy supplies;
(vii) maintenance of the independent sector of the
petroleum industry as a strong competitive force;
(viii) the allocation of fuels in short supply by
public and private entities;
(ix) the management of energy supplies owned or
controlled by the Government;
(x) relations with other oil producing and consuming
countries;
(xi) the monitoring of compliance by governments,
corporations, or individuals with the laws and
regulations governing the allocation, conservation, or
pricing of energy supplies; and
(xii) research into the discovery and development of
alternative energy supplies; and
(G) the efficiency and economy of all branches and functions
of Government with particular references to the operations and
management of Federal regulatory policies and programs:
Provided, That, in carrying out the duties herein set forth, the
inquiries of this committee or any subcommittee thereof shall
not be deemed limited to the records, functions, and operations
of any particular branch of the Government; but may extend to
the records and activities of any persons, corporation, or other
entity.
(2) Nothing contained in this section shall affect or impair the
exercise of any other standing committee of the Senate of any power, or
the discharge by such committee of any duty, conferred or imposed upon
it by the Standing Rules of the Senate or by the Legislative
Reorganization Act of 1946, as amended.
(3) For the purposes of this section the committee, or any duly
authorized subcommittee thereof, or its chairman, or any other member of
the committee or subcommittees designated by the chairman, from March 1,
1995, through February 28, 1997, is authorized, in its, his, or their
discretion (A) to require by subpoena or otherwise the attendance of
witnesses and production of correspondence, books, papers, and
documents, (B) to hold hearings, (C) to sit and act at any time or place
during the sessions, recess, and adjournment periods of the Senate, (D)
to administer oaths, and (E) to take testimony, either orally or by
sworn statement, or, in the case of staff members of the Committee and
the Permanent Subcommittee on Investigations, by deposition in
accordance with the Committee Rules of Procedure.
(4) All subpoenas and related legal processes of the committee and
its subcommittees authorized under S. Res. 71 of the One Hundred Third
Congress, second session, are authorized to continue.
Rules of Procedure of the Full Committee
141 Cong. Rec. S3295 (daily ed. Feb. 28, 1995)
Rule 1. Meetings and Meeting Procedures Other Than Hearings.
A. Meeting Dates. The Committee shall hold its regular meetings on
the first Thursday of each month, when the Congress is in session, or at
such other times as the chairman shall determine. Additional meetings
may be called by the chairman as he deems necessary to expedite
Committee business. (Rule XXVI, Sec. 3, Standing Rules of the Senate.)
B. Calling Special Committee Meetings. If at least three members of
the Committee desire the chairman to call a special meeting, they may
file in the offices of the Committee a written request therefor,
addressed to the chairman. Immediately thereafter, the clerk of the
Committee shall notify the chairman of such request. If, within three
calendar days after the filing of such request, the chairman fails to
call the requested special meeting, which is to be held within seven
calendar days after the filing of such request, a majority of the
Committee members may file in the offices of the Committee their written
notice that a special Committee meeting will be held, specifying the
date and hour thereof, and the Committee shall meet on that date and
hour. Immediately upon the filing of such notice, the Committee clerk
shall notify all Committee members that such special meeting will be
held and inform them of its date and hour. (Rule XXVI, Sec. 3, Standing
Rules of the Senate.)
C. Meeting Notices and Agenda. Written notices of Committee
meetings, accompanied by an agenda, enumerating the items of business to
be considered, shall be sent to all Committee members at least three
days in advance of such meetings, excluding Saturdays, Sundays, and
legal holidays in which the Senate is not in session. In the event that
unforeseen requirements or Committee business prevent a three-day notice
of either the meeting or agenda, the Committee staff shall communicate
such notice and agenda, or any revisions to the agenda, as soon as
practicable by telephone or otherwise to members or appropriate staff
assistants in their offices.
D. Open Business Meetings. Meetings for the transaction of Committee
or Subcommittee business shall be conducted in open session, except that
a meeting or series of meetings on the same subject for a period of no
more than fourteen calendar days may be closed to the public on a motion
made and seconded to go into closed session to discuss only whether the
matters enumerated in clauses (1) through (6) below would require the
meeting to be closed, followed immediately by a record vote in open
session by a majority of the Committee or Subcommittee members when it
is determined that the matters to be discussed or the testimony to be
taken at such meeting or meetings--
(1) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of
foreign relations of the United States;
(2) will relate solely to matters of Committee or Subcommittee
staff personnel or internal staff management or procedure;
(3) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise expose an individual to public
contempt or obloquy or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of an informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the trade secrets or
financial or commercial information pertaining specifically to a
given person if--
(A) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(B) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
or financial or other benefit, and is required to be
kept secret in order to prevent undue injury to the
competitive position of such person; or
(6) may divulge matters required to be kept confidential under
other provisions of law or Government regulations. (Rule XXVI,
Sec. 5(b), Standing Rules of the Senate.)
Notwithstanding the foregoing, whenever disorder arises during a
Committee or Subcommittee meeting that is open to the public, or any
demonstration of approval or disapproval is indulged in by any person in
attendance at any such meeting, it shall be the duty of the chairman to
enforce order on his own initiative and without any point of order being
made by a member of the Committee or Subcommittee; provided, further,
that when the chairman finds it necessary to maintain order, he shall
have the power to clear the room, and the Committee or Subcommittee may
act in closed session for so long as there is doubt of the assurance of
order. (Rule XXVI, Sec. 5(d), Standing Rules of the Senate.)
E. Prior Notice of First Degree Amendments. It shall not be in order
for the Committee, or a Subcommittee thereof, to consider any amendment
in the first degree proposed to any measure under consideration by the
Committee or Subcommittee unless a written copy of such amendment has
been delivered to each member of the Committee or Subcommittee, as the
case may be, and to the office of the Committee or Subcommittee, at
least 24 hours before the meeting of the Committee or Subcommittee at
which the amendment is to be proposed. This subsection may be waived by
a majority of the members present. This subsection shall apply only when
at least 72 hours written notice of a session to mark-up a measure is
provided to the Committee or Subcommittee.
F. Meeting Transcript. The Committee or Subcommittee shall prepare
and keep a complete transcript or electronic recording adequate to fully
record the proceeding of each meeting whether or not such meeting or any
part thereof is closed to the public, unless a majority of the Committee
or Subcommittee members vote to forgo such a record. (Rule XXVI, Sec.
5(e), Standing Rules of the Senate.)
Rule 2. Quorums
A. Reporting Measures and Matters. A majority of the members of the
Committee shall constitute a quorum for reporting to the Senate any
measures, matters or recommendations. (Rule XXVI, Sec. 7(a)(1), Standing
Rules of the Senate.)
B. Transaction of Routine Business. Five members of the Committee
shall constitute a quorum for the transaction of routine business,
provided that one member of the minority is present.
For the purpose of this paragraph, the term ``routine business''
includes the convening of a meeting and the consideration of any
business of the Committee other than reporting to the Senate any
measures, matters or recommendations. (Rule XXVI, Sec. 7(a)(1), Standing
Rules of the Senate.)
C. Taking Testimony. One member of the Committee shall constitute a
quorum for taking sworn or unsworn testimony. (Rule XXVI, Sec. 7(a)(2)
and 7(c)(2), Standing Rules of the Senate.)
D. Subcommittee Quorums. Subject to the provisions of sections
7(a)(1) and (2) of Rule XXVI of the Standing Rules of the Senate, the
Subcommittees of this Committee are authorized to establish their own
quorums for the transaction of business and the taking of sworn
testimony.
E. Proxies Prohibited in Establishment of Quorum. Proxies shall not
be considered for the establishment of a quorum.
Rule 3. Voting
A. Quorum Required. Subject to the provisions of subsection (E), no
vote may be taken by the Committee, or any Subcommittee thereof, on any
measure or matter unless a quorum, as prescribed in the preceding
section, is actually present.
B. Reporting Measures and Matters. No measure, matter or
recommendation shall be reported from the Committee unless a majority of
the Committee members are actually present, and the vote of the
Committee to report a measure or matter shall require the concurrence of
a majority of those members who are actually present at the time the
vote is taken. (Rule XXVI, Sec. 7(a)(1) and (3), Standing Rules of the
Senate.)
C. Proxy Voting. Proxy voting shall be allowed on all measures and
matters before the Committee, or any Subcommittees thereof, except that,
when the Committee, or any Subcommittee thereof, is voting to report a
measure or matter, proxy votes shall be allowed solely for the purposes
of recording a member's position on the pending question. Proxy voting
shall be allowed only if the absent Committee or Subcommittee member has
been informed of the matter on which he is being recorded and has
affirmatively requested that he be so recorded. All proxies shall be
filed with the chief clerk of the Committee or Subcommittee thereof, as
the case may be. All proxies shall be in writing and shall contain
sufficient reference to the pending matter as is necessary to identify
it and to inform the Committee or Subcommittee as to how the member
establishes his vote to be recorded thereon. (Rule XXVI, Sec. 7(a)(3)
and 7(c)(1), Standing Rules of the Senate.)
D. Announcement of Vote. (1) Whenever the Committee by roll call
vote reports any measure or matter, the report of the Committee upon
such a measure or matter shall include a tabulation of the votes cast in
favor of and the votes cast in opposition to such measure or matter by
each member of the Committee. (Rule XXVI, Sec. 7(c), Standing Rules of
the Senate.)
(2) Whenever the Committee by roll call vote acts upon any measure
or amendment thereto, other than reporting a measure or matter, the
results thereof shall be announced in the Committee report on that
measure unless previously announced by the Committee, and such
announcement shall include a tabulation of the votes cast in favor of
and the votes cast in opposition to each such measure and amendment
thereto by each member of the Committee who was present at the meeting.
(Rule XXVI, Sec. 7(b), Standing Rules of the Senate.)
(3) In any case in which a roll call vote is announced, the
tabulation of votes shall state separately the proxy vote recorded in
favor of and in opposition to that measure, amendment thereto, or
matter. (Rule XXVI, Sec. 7(b) and (c), Standing Rules of the Senate.)
E. Polling. (1) The Committee, or any Subcommittee thereof, may poll
(a) internal Committee or Subcommittee matters including the Committee's
or Subcommittee's staff, records and budget; (b) steps in an
investigation, including issuance of subpoenas, applications for
immunity orders, and requests for documents from agencies; and (c) other
Committee or Subcommittee business other than a vote on reporting to the
Senate any measures, matters or recommendations or a vote on closing a
meeting or hearing to the public.
(2) Only the chairman, or a Committee member or staff officer
designated by him, may undertake any poll of the members of the
Committee. If any member requests, any matter to be polled shall be held
for meeting rather than being polled. The chief clerk of the Committee
may keep a record of polls; if a majority of the members of the
Committee determine that the polled matter is in one of the areas
enumerated in subsection (D) of Rule 1, the record of the poll shall be
confidential. Any Committee member may move at the Committee meeting
following the poll for a vote on the polled decision, such motion and
vote to be subject to the provisions of subsection (D) of Rule 1, where
applicable.
Rule 4. Chairmanship of Meetings and Hearings
The chairman shall preside at all Committee meetings and hearings
except that he shall designate a temporary chairman to act in his place
if he is unable to be present at a scheduled meeting or hearing. If the
chairman (or his designee) is absent ten minutes after the scheduled
time set for a meeting or hearing, the ranking majority member present
shall preside until the chairman's arrival. If there is no member of the
majority present, the ranking minority member present, with the prior
approval of the chairman, may open and conduct the meeting or hearing
until such time as a member of the majority arrives.
Rule 5. Hearings and Hearings Procedures
A. Announcement of Hearings. The Committee, or any Subcommittee
thereof, shall make public announcement of the date, time, and subject
matter of any hearing to be conducted on any measure or matter at least
one week in advance of such hearing, unless the Committee, or
Subcommittee, determines that there is good cause to begin such hearing
at an earlier date. (Rule XXVI, Sec. 4(a), Standing Rules of the
Senate).
B. Open Hearings. Each hearing conducted by the Committee, or any
Subcommittee thereof, shall be open to the public, except that a hearing
or series of hearings on the same subject for a period of no more than
fourteen calendar days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether the matters
enumerated in clauses (1) through (6) below would require the hearing to
be closed, followed immediately by a record vote in open session by a
majority of the Committee or Subcommittee members when it is determined
that the matters to be discussed or the testimony to be taken at such
hearing or hearings--
(1) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of
foreign relations of the United States;
(2) will relate solely to matters of Committee or Subcommittee
staff personnel or internal staff management or procedure;
(3) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise expose an individual to public
contempt or obloquy or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of an informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the trade secrets of
financial or commercial information pertaining specifically to a
given person if--
(A) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(B) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person; or
(6) may divulge matters required to be kept confidential under
other provisions of law or Government regulations. (Rule XXVI,
Sec. 5(b), Standing Rules of the Senate.)
Notwithstanding the foregoing, whenever disorder arises during a
Committee or Subcommittee meeting that is open to the public, or any
demonstration of approval or disapproval is indulged in by any person in
attendance at any such meeting, it shall be the duty of the chairman to
enforce order on his own initiative and without any point of order being
made by a member of the Committee or Subcommittee: provided, further,
that when the chairman finds it necessary to maintain order, he shall
have the power to clear the room, and the Committee or Subcommittee may
act in closed session for so long as there is doubt of the assurance of
order. (Rule XXVI, Sec. 5(d), Standing Rules of the Senate.)
C. Full Committee Subpoenas. The chairman, with the approval of the
ranking minority member of the Committee, is authorized to subpoena the
attendance of witnesses or the production of memoranda, documents,
records, or any other materials at a hearing or deposition, provided
that the chairman may subpoena attendance or production without the
approval of the ranking minority member where the chairman or a staff
officer designated by him has not received notification from the ranking
minority member or a staff officer designated by him of disapproval of
the subpoena within 72 hours, excluding Saturdays and Sundays, of being
notified of the subpoena. If a subpoena is disapproved by the ranking
minority member as provided in this subsection, the subpoena may be
authorized by vote of the members of the Committee. When the Committee
or chairman authorizes subpoenas, subpoenas may be issued upon the
signature of the chairman or any other member of the Committee
designated by the chairman.
D. Witness Counsel. Counsel retained by any witness and accompanying
such witness shall be permitted to be present during the testimony of
such witness at any public or executive hearing or deposition to advise
such witness while he or she is testifying of his or her legal rights:
provided, however, that in the case of any witness who is an officer or
employee of the government, or of a corporation or association, the
Committee chairman may rule that representation by counsel from the
government, corporation, or association or by counsel representing other
witnesses, creates a conflict of interest, and that the witness shall be
represented during interrogation by staff or during testimony before the
Committee by personal counsel not from the government, corporation, or
association or by personal counsel not representing other witnesses.
This subsection shall not be construed to excuse a witness from
testifying in the event his counsel is ejected for conducting himself in
such manner so as to prevent, impede, disrupt, obstruct or interfere
with the orderly administration of the hearings; nor shall this
subsection be construed as authorizing counsel to coach the witness or
answer for the witness. The failure of any witness to secure counsel
shall not excuse such witness from complying with a subpoena or
deposition notice.
E. Witness Transcripts. An accurate electronic or stenographic
record shall be kept of the testimony of all witnesses in executive and
public hearings. The record of his or her testimony whether in public or
executive session shall be made available for inspection by the witness
or his or her counsel under Committee supervision; a copy of any
testimony given in public session or that part of the testimony given by
the witness in executive session and subsequently quoted or made part of
the record in a public session shall be provided to any witness at his
or her expense if he or she so requests. Upon inspecting his or her
transcript, within a time limit set by the chief clerk of the Committee,
a witness may request changes in the transcript to correct errors of
transcription and grammatical errors; the chairman or a staff officer
designated by him shall rule on such requests.
F. Impugned Persons. Any person whose name is mentioned or is
specifically identified, and who believes that evidence presented, or
comment made by a member of the Committee or staff officer, at a public
hearing or at a closed hearing concerning which there have been public
reports, tends to impugn his or her character or adversely affect his or
her reputation may:
(a) file a sworn statement of facts relevant to the evidence
or comment, which statement shall be considered for placement in
the hearing record by the Committee;
(b) request the opportunity to appear personally before the
Committee to testify in his or her own behalf, which request
shall be considered by the Committee; and
(c) submit questions in writing which he or she requests be
used for the cross-examination of other witnesses called by the
Committee, which questions shall be considered for use by the
Committee.
G. Radio, Television, and Photography. The Committee, or any
Subcommittee thereof, may permit the proceedings of hearings which are
open to the public to be photographed and broadcast by radio, television
or both, subject to such conditions as the Committee, or Subcommittee,
may impose. (Rule XXVI, Sec. 5(c), Standing Rules of the Senate.)
H. Advance Statements of Witnesses. A witness appearing before the
Committee, or any Subcommittee thereof, shall provide 100 copies of a
written statement and an executive summary or synopsis of his proposed
testimony at least 48 hours prior to his appearance. This requirement
may be waived by the chairman and the ranking minority member following
their determination that there is good cause for failure of compliance.
(Rule XXVI, Sec. 4(b), Standing Rules of the Senate.)
I. Minority Witnesses. In any hearings conducted by the Committee,
or any Subcommittee thereof, the minority members of the Committee or
Subcommittee shall be entitled, upon request to the chairman by a
majority of the minority members, to call witnesses of their selection
during at least one day of such hearings. (Rule XXVI, Sec. 4(d),
Standing Rules of the Senate.)
J. Full Committee Depositions. Depositions may be taken prior to or
after a hearing as provided in this subsection.
(1) Notices for the taking of depositions shall be authorized
and issued by the chairman, with the approval of the ranking
minority member of the Committee, provided that the chairman may
initiate depositions without the approval of the ranking
minority member where the chairman or a staff officer designated
by him has not received notification from the ranking minority
member or a staff officer designated by him of disapproval of
the deposition within 72 hours, excluding Saturdays and Sundays,
of being notified of the deposition notice. If a deposition
notice is disapproved by the ranking minority member as provided
in this subsection, the deposition notice may be authorized by a
vote of the members of the Committee. Committee deposition
notices shall specify a time and place for examination, and the
name of the Committee member or members or staff officer or
officers who will take the deposition. Unless otherwise
specified, the deposition shall be in private. The Committee
shall not initiate procedures leading to criminal or civil
enforcement proceedings for a witness' failure to appear or
produce unless the deposition notice was accompanied by a
Committee subpoena.
(2) Witnesses may be accompanied at a deposition by counsel to
advise them of their legal rights, subject to the provisions of
Rule 5D.
(3) Oaths at depositions may be administered by an individual
authorized by local law to administer oaths. Questions shall be
propounded orally by Committee member or members or staff. If a
witness objects to a question and refuses to testify, the
objection shall be noted for the record and the Committee member
or members or staff may proceed with the remainder of the
deposition.
(4) The Committee shall see that the testimony is transcribed
or electronically recorded (which may include audio or audio/
video recordings). If it is transcribed, the transcript shall be
made available for inspection by the witness or his or her
counsel under Committee supervision. The witness shall sign a
copy of the transcript and may request changes to it, which
shall be handled in accordance with the procedure set forth in
subsection (E). If the witness fails to sign a copy, the staff
shall note that fact on the transcript. The individual
administering the oath shall certify on the transcript that the
witness was duly sworn in his presence, the transcriber shall
certify that the transcript is a true record of the testimony,
and the transcript shall then be filed with the chief clerk of
the Committee. The chairman or a staff officer designated by him
may stipulate with the witness to changes in the procedure;
deviations from this procedure which do not substantially impair
the reliability of the record shall not relieve the witness from
his or her obligation to testify truthfully.
Rule 6. Committee Reporting Procedures
A. Timely Filing. When the Committee has ordered a measure or matter
reported, following final action the report thereon shall be filed in
the Senate at the earliest practicable time. (Rule XXVI, Sec. 10(b),
Standing Rules of the Senate.)
B. Supplemental, Minority, and Additional Views. A member of the
Committee who gives notice of his intention to file supplemental,
minority or additional views at the time of final Committee approval of
a measure or matter, shall be entitled to not less than three calendar
days in which to file such views, in writing, with the chief clerk of
the Committee. Such views shall then be included in the Committee report
and printed in the same volume, as a part thereof, and their inclusion
shall be noted on the cover of the report. In the absence of timely
notice, the Committee report may be filed and printed immediately
without such views. (Rule XXVI, Sec. 10(c), Standing Rules of the
Senate.)
C. Notice by Subcommittee Chairmen. The chairman of each
Subcommittee shall notify the chairman in writing whenever any measure
has been ordered reported by such Subcommittee and is ready for
consideration by the full Committee.
D. Draft Reports of Subcommittees. All draft reports prepared by
Subcommittees of this Committee on any measure or matter referred to it
by the chairman, shall be in the form, style, and arrangement required
to conform to the applicable provisions of the Standing Rules of the
Senate, and shall be in accordance with the established practices
followed by the Committee. Upon completion of such draft reports, copies
thereof shall be filed with the chief clerk of the Committee at the
earliest practicable time.
E. Impact Statements in Reports. All Committee reports, accompanying
a bill or joint resolution of a public character reported by the
Committee, shall contain (1) an estimate, made by the Committee, of the
costs which would be incurred in carrying out the legislation for the
then current fiscal year and for each of the next five years thereafter
(or for the authorized duration of the proposed legislation, if less
than five years); (2) a comparison of such cost estimates with any made
by a Federal agency; or (3) in lieu of such estimate or comparison, or
both, a statement of the reasons for failure by the Committee to comply
with these requirements as impracticable, in the event of inability to
comply therewith. (Rule XXVI, Sec. 11(a), Standing Rules of the Senate.)
Each such report shall also contain an evaluation, made by the
Committee, of the regulatory impact which would be incurred in carrying
out the bill or joint resolution. The evaluation shall include (a) an
estimate of the numbers of individuals and businesses who would be
regulated and a determination of the groups and classes of such
individuals and businesses, (b) a determination of the economic impact
of such regulation on the individuals, consumers, and businesses
affected, (c) a determination of the impact on the personal privacy of
the individuals affected, and (d) a determination of the amount of
paperwork that will result from the regulations to be promulgated
pursuant to the bill or joint resolution, which determination may
include, but need not be limited to, estimates of the amount of time and
financial costs required of affected parties, showing whether the
effects of the bill or joint resolution could be substantial, as well as
reasonable estimates of the recordkeeping requirements that may be
associated with the bill or joint resolution. Or, in lieu of the
foregoing evaluation, the report shall include a statement of the
reasons for failure by the Committee to comply with these requirements
as impracticable, in the event of inability to comply therewith. (Rule
XXVI, Sec. 11(b), Standing Rules of the Senate.)
Rule 7. Subcommittees and Subcommittee Procedures
A. Regularly Established Subcommittees. The Committee shall have
three regularly established Subcommittees. The Subcommittees are as
follows: Permanent Subcommittee on Investigations; Regulation and
Government Information; General Services, Federalism, and the District
of Columbia; Oversight of Government Management and the District of
Columbia.
B. Ad Hoc Subcommittees. Following consultation with the ranking
minority member, the chairman shall, from time to time, establish such
ad hoc Subcommittees as he deems necessary to expedite Committee
business.
C. Subcommittee Membership. Following consultation with the majority
members, and the ranking minority member of the Committee, the chairman
shall announce selections for membership on the Subcommittees referred
to in paragraphs A and B, above.
D. Subcommittee Meetings and Hearings. Each Subcommittee of this
Committee is authorized to establish meeting dates and adopt rules not
inconsistent with the rules of the Committee except as provided in Rule
7(E).
E. Subcommittee Subpoenas. Each Subcommittee is authorized to adopt
rules concerning subpoenas which need not be consistent with the rules
of the Committee; provided, however, that in the event the Subcommittee
authorizes the issuance of a subpoena pursuant to its own rules, a
written notice of intent to issue the subpoena shall be provided to the
chairman and ranking minority member of the Committee, or staff officers
designated by them, by the Subcommittee chairman or a staff officer
designated by him immediately upon such authorization, and no subpoena
shall be issued for at least 48 hours, excluding Saturdays and Sundays,
from delivery to the appropriate offices, unless the chairman and
ranking minority member waive the 48 hour waiting period or unless the
Subcommittee chairman certifies in writing to the chairman and ranking
minority member that, in his opinion, it is necessary to issue a
subpoena immediately.
F. Subcommittee Budgets. Each Subcommittee of this Committee, which
requires authorization for the expenditure of funds for the conduct of
inquiries and investigations, shall file with the chief clerk of the
Committee, not later than January 10 of the first year of each new
Congress, its request for funds for the two (2) 12-month periods
beginning on March 1, and extending through and including the last day
of February of the two following years, which years comprise that
Congress. Each such request shall be submitted on the budget form
prescribed by the Committee on Rules and Administration, and shall be
accompanied by a written justification addressed to the chairman of the
Committee, which shall include (1) a statement of the Subcommittee's
area of activities, (2) its accomplishments during the preceding
Congress detailed year by year, and (3) a table showing a comparison
between (a) the funds authorized for expenditure during the preceding
Congress detailed year by year, (b) the funds actually expended during
that Congress detailed year by year, (c) the amount requested for each
year of the Congress, and (d) the number of professional and clerical
staff members and consultants employed by the Subcommittee during the
preceding Congress detailed year by year and the number of such
personnel requested for each year of the Congress. The chairman may
request additional reports from the Subcommittees regarding their
activities and budgets at any time. (Rule XXVI, Sec. 9, Standing Rules
of the Senate.)
Rule 8. Confirmation Standards and Procedures
A. Standards. In considering a nomination, the Committee shall
inquire into the nominee's experience, qualifications, suitability, and
integrity to serve in the position to which he or she has been
nominated. The Committee shall recommend confirmation, upon finding that
the nominee has the necessary integrity and is affirmatively qualified
by reason of training, education, or experience to carry out the
functions of the office to which he or she was nominated.
B. Information Concerning the Nominee. Each nominee shall submit the
following information to the Committee:
(1) A detailed biographical resume which contains information
relating to education, employment, and achievements;
(2) Financial information, including a financial statement
which lists assets and liabilities of the nominee and tax
returns for the 3 years preceding the time of his or her
nomination, and copies of other relevant documents requested by
the Committee, such as a proposed blind trust agreement,
necessary for the Committee's consideration; and,
(3) Copies of other relevant documents the Committee may
request, such as responses to questions concerning the policies
and programs the nominee intends to pursue upon taking office.
At the request of the chairman or the ranking minority member, a
nominee shall be required to submit a certified financial statement
compiled by an independent auditor.
Information received pursuant to this subsection shall be made
available for public inspection: provided, however, that tax returns
shall, after review by persons designated in subsection (C) of this
rule, be placed under seal to ensure confidentiality.
C. Procedures for Committee Inquiry. The Committee shall conduct an
inquiry into the experience, qualifications, suitability, and integrity
of nominees, and shall give particular attention to the following
matters:
(1) A review of the biographical information provided by the
nominee, including, but not limited to, any professional
activities related to the duties of the office to which he or
she is nominated;
(2) A review of the financial information provided by the
nominee, including tax returns for the three years preceding the
time of his or her nomination;
(3) A review of any actions, taken or proposed by the nominee,
to remedy conflicts of interest; and
(4) A review of any personal or legal matter which may bear
upon the nominee's qualifications for the office to which he or
she is nominated.
For the purpose of assisting the Committee in the conduct of this
inquiry, a majority investigator or investigators shall be designated by
the chairman and a minority investigator or investigators shall be
designated by the ranking minority member. The chairman, ranking
minority member, other members of the Committee and designated
investigators shall have access to all investigative reports on nominees
prepared by any Federal agency, except that only the chairman, the
ranking minority member, or other members of the Committee, upon
request, shall have access to the report of the Federal Bureau of
Investigation. The Committee may request the assistance of the General
Accounting Office and any other such expert opinion as may be necessary
in conducting its review of information provided by nominees.
D. Report on the Nominee. After a review of all information
pertinent to the nomination, a confidential report on the nominee shall
be made by the designated investigators to the chairman and the ranking
minority member and, upon request, to any other member of the Committee.
The report shall summarize the steps taken by the Committee during its
investigation of the nominee and identify any unresolved or questionable
matters that have been raised during the course of the inquiry.
E. Hearings. The Committee shall conduct a public hearing during
which the nominee shall be called to testify under oath on all matters
relating to his or her suitability for office, including the policies
and programs which he or she will pursue while in that position. No
hearing shall be held until at least 72 hours after the following events
have occurred: the nominee has responded to pre-hearing questions
submitted by the Committee; and the report required by subsection (D)
has been made to the chairman and ranking minority member, and is
available to other members of the Committee, upon request.
F. Action on Confirmation. A mark-up on a nomination shall not occur
on the same day that the hearing on the nominee is held. In order to
assist the Committee in reaching a recommendation on confirmation, the
staff may make an oral presentation to the Committee at the mark-up,
factually summarizing the nominee's background and the steps taken
during the pre-hearing inquiry.
G. Application. The procedures contained in subsections (C), (D),
(E), and (F) of this rule shall apply to persons nominated by the
President to positions requiring their full-time service. At the
discretion of the chairman and ranking minority member, those procedures
may apply to persons nominated by the President to serve on a part-time
advisory basis.
Rule 9. Personnel Actions Affecting Committee Staff
In accordance with Rule XLII of the Standing Rules of the Senate and
the Congressional Accountability Act of 1995 (P.L. 104-1), all personnel
actions affecting the staff of the Committee shall be made free from any
discrimination based on race, color, religion, sex, national origin,
age, handicap or disability.
Authority and Rules of Senate Committees
Governmental Affairs_Permanent Subcommittee on Investigations
Rules of Procedure of the Permanent Subcommittee on Investigations
1. No public hearing connected with an investigation may be held
without the approval of either the chairman and the ranking minority
member or the approval of a majority of the members of the Subcommittee.
In all cases, notification to all members of the intent to hold hearings
must be given at least 7 days in advance to the date of the hearing. The
ranking minority member should be kept fully apprised of preliminary
inquiries, investigations, and hearings. Preliminary inquiries may be
initiated by the Subcommittee majority staff upon the approval of the
chairman and notice of such approval to the ranking minority member or
the minority counsel. Preliminary inquiries may be undertaken by the
minority staff upon the approval of the ranking minority member and
notice of such approval to the chairman or chief counsel. Investigations
may be undertaken upon the approval of the chairman of the Subcommittee
and the ranking minority member with notice of such approval to all
members.
No public hearing shall be held if the minority members unanimously
object, unless the full Committee on Governmental Affairs by a majority
vote approves of such public hearing.
Senate Rule 25(5)(b) will govern all closed sessions convened by the
Subcommittee.
2. Subpoenas for witnesses, as well as documents and records, may be
authorized and issued by the chairman, or any other member of the
Subcommittee designated by him, with notice to the ranking minority
member. A written notice of intent to issue a subpoena shall be provided
to the chairman and ranking minority member of the Committee, or staff
officers designated by them, by the Subcommittee chairman or a staff
officer designated by him, immediately upon such authorization, and no
subpoena shall issue for at least 48 hours, excluding Saturdays and
Sundays, from delivery to the appropriate offices, unless the chairman
and ranking minority member waive the 48-hour waiting period or unless
the Subcommittee chairman certifies in writing to the chairman and
ranking minority member that, in his opinion, it is necessary to issue a
subpoena immediately.
3. The chairman shall have the authority to call meetings of the
Subcommittee. This authority may be delegated by the chairman to any
other member of the Subcommittee when necessary.
4. If at least three members of the Subcommittee desire the chairman
to call a special meeting, they may file in the office of the
Subcommittee, a written request therefor, addressed to the chairman.
Immediately thereafter, the clerk of the Subcommittee shall notify the
chairman of such request. If, within 3 calendar days after the filing of
such request, the chairman fails to call the requested special meeting,
which is to be held within 7 calendar days after the filing of such
request, a majority of the Subcommittee members may file in the office
of the Subcommittee their written notice that a special Subcommittee
meeting will be held, specifying the date and hour thereof, and the
Subcommittee shall meet on that date and hour. Immediately upon the
filing of such notice, the Subcommittee clerk shall notify all
Subcommittee members that such special meeting will be held and inform
them of its date and hour. If the chairman is not present at any
regular, additional or special meeting, the ranking majority member
present shall preside.
5. For public or executive sessions, one member of the Subcommittee
shall constitute a quorum for the administering of oaths and the taking
of testimony in any given case or subject matter.
Five (5) members of the Subcommittee shall constitute a quorum for
the transaction of Subcommittee business other than the administering of
oaths and the taking of testimony.
6. All witnesses at public or executive hearings who testify to
matters of fact shall be sworn.
7. If, during public or executive sessions, a witness, his counsel,
or any spectator conducts himself in such a manner as to prevent,
impede, disrupt, obstruct, or interfere with the orderly administration
of such hearing, the chairman or presiding member of the Subcommittee
present during such hearing may request the Sergeant at Arms of the
Senate, his representative or any law enforcement official to eject said
person from the hearing room.
8. Counsel retained by any witness and accompanying such witness
shall be permitted to be present during the testimony of such witness at
any public or executive hearing, and to advise such witness while he is
testifying, of his legal rights, Provided, however, that in the case of
any witness who is an officer or employee of the government, or of a
corporation or association, the Subcommittee chairman may rule that
representation by counsel from the government, corporation, or
association, or by counsel representing other witnesses, creates a
conflict of interest, and that the witness may only be represented
during interrogation by staff or during testimony before the
Subcommittee by personal counsel not from the government, corporation,
or association, or by personal counsel not representing other witnesses.
This rule shall not be construed to excuse a witness from testifying in
the event his counsel is ejected for conducting himself in such a manner
so as to prevent, impede, disrupt, obstruct, or interfere with the
orderly administration of the hearings; nor shall this rule be construed
as authorizing counsel to coach the witness or answer for the witness.
The failure of any witness to secure counsel shall not excuse such
witness from complying with a subpoena or deposition notice.
9. Depositions.
9.1 Notice. Notices for the taking of depositions in an
investigation authorized by the Subcommittee shall be authorized and
issued by the chairman. The chairman of the full Committee and the
ranking minority member of the Subcommittee shall be kept fully apprised
of the authorization for the taking of depositions. Such notices shall
specify a time and place of examination, and the name of the
Subcommittee member or members or staff officer or officers who will
take the deposition. The deposition shall be in private. The
Subcommittee shall not initiate procedures leading to criminal or civil
enforcement proceedings for a witness' failure to appear unless the
deposition notice was accompanied by a Subcommittee subpoena.
9.2 Counsel. Witnesses may be accompanied at a deposition by counsel
to advise them of their legal rights, subject to the provisions of Rule
8.
9.3 Procedure. Witnesses shall be examined upon oath administered by
an individual authorized by local law to administer oaths. Questions
shall be propounded orally by Subcommittee members or staff. Objections
by the witness as to the form of questions shall be noted for the
record. If a witness objects to a question and refuses to testify on the
basis of relevance or privilege, the Subcommittee members or staff may
proceed with the deposition, or may, at that time or at a subsequent
time, seek a ruling by telephone or otherwise on the objection from the
chairman or such Subcommittee member as designated by him. If the
chairman or designated member overrules the objection, he may refer the
matter to the Subcommittee or he may order and direct the witness to
answer the question, but the Subcommittee shall not initiate procedures
leading to civil or criminal enforcement unless the witness refuses to
testify after he has been ordered and directed to answer by a member of
the Subcommittee.
9.4 Filing. The Subcommittee staff shall see that the testimony is
transcribed or electronically recorded. If it is transcribed, the
witness shall be furnished with a copy for review pursuant to the
provisions of Rule 12. The individual administering the oath shall
certify on the transcript that the witness was duly sworn in his
presence, the transcriber shall certify that the transcript is a true
record of the testimony, and the transcript shall then be filed with the
Subcommittee clerk. Subcommittee staff may stipulate with the witness to
changes in this procedure; deviations from this procedure which do not
substantially impair the reliability of the record shall not relieve the
witness from his obligation to testify truthfully.
10. Any witness desiring to read a prepared or written statement in
executive or public hearings shall file a copy of such statement with
the chief counsel or chairman of the Subcommittee 48 hours in advance of
the hearings at which the statement is to be presented unless the
chairman and the ranking minority member waive this requirement. The
Subcommittee shall determine whether such statement may be read or
placed in the record of the hearing.
11. A witness may request, on grounds of distraction, harassment,
personal safety, or physical discomfort, that during the testimony,
television, motion picture, and other cameras and lights shall not be
directed at him. Such requests shall be ruled on by the Subcommittee
members present at the hearing.
12. An accurate stenographic record shall be kept of the testimony
of all witnesses in executive and public hearings. The record of his own
testimony whether in public or executive session shall be made available
for inspection by witness or his counsel under Subcommittee supervision;
a copy of any testimony given in public session or that part of the
testimony given by the witness in executive session and subsequently
quoted or made part of the record in a public session shall be made
available to any witness at his expense if he so requests.
13. Interrogation of witnesses at Subcommittee hearings shall be
conducted on behalf of the Subcommittee by members and authorized
Subcommittee staff personnel only.
14. Any person who is the subject of an investigation in public
hearings may submit to the chairman of the Subcommittee questions in
writing for the cross-examination of other witnesses called by the
Subcommittee. With the consent of a majority of the members of the
Subcommittee present and voting, these questions, or paraphrased
versions of them, shall be put to the witness by the chairman, by a
member of the Subcommittee or by counsel of the Subcommittee.
15. Any person whose name is mentioned or who is specifically
identified, and who believes that testimony or other evidence presented
at a public hearing, or comment made by a Subcommittee member or
counsel, tends to defame him or otherwise adversely affect his
reputation, may (a) request to appear personally before the Subcommittee
to testify in his own behalf, or, in the alternative, (b) file a sworn
statement of facts relevant to the testimony or other evidence or
comment complained of. Such request and such statement shall be
submitted to the Subcommittee for its consideration and action.
If a person requests to appear personally before the Subcommittee
pursuant to alternative (a) referred to herein, said request shall be
considered untimely if it is not received by the chairman of the
Subcommittee or its counsel in writing on or before thirty (30) days
subsequent to the day on which said person's name was mentioned or
otherwise specifically identified during a public hearing held before
the Subcommittee, unless the chairman and the ranking minority member
waive this requirement.
If a person requests the filing of his sworn statement pursuant to
alternative (b) referred to herein, the Subcommittee may condition the
filing of said sworn statement upon said person agreeing to appear
personally before the Subcommittee and to testify concerning the matters
contained in his sworn statement, as well as any other matters related
to the subject of the investigation before the Subcommittee.
16. All testimony taken in executive session shall be kept secret
and will not be released for public information without the approval of
a majority of the Subcommittee.
17. No Subcommittee report shall be released to the public unless
approved by a majority of the Subcommittee and after no less than 10
days' notice and opportunity for comment by the members of the
Subcommittee unless the need for such notice and opportunity to comment
has been waived in writing by a majority of the minority members.
18. The ranking minority member may select for appointment to the
Subcommittee staff a chief counsel for the minority and such other
professional staff members and clerical assistants as he deems
advisable. The total compensation allocated to such minority staff
members shall not be less than one-third the total amount allocated for
all Subcommittee staff salaries during any given year. The minority
staff members shall work under the direction and supervision of the
ranking minority member. The chief counsel for the minority shall be
kept fully informed as to preliminary inquiries, investigations, and
hearings, and shall have access to all material in the files of the
Subcommittee.
19. When it is determined by the chairman and ranking minority
member, or by a majority of the Subcommittee, that there is reasonable
cause to believe that a violation of law may have occurred, the chairman
and ranking minority member by letter, or the Subcommittee by
resolution, are authorized to report such violation to the proper State,
local and/or Federal authorities. Such letter or report may recite the
basis for the determination of reasonable cause. This rule is not
authority for release of documents or testimony.
Authority and Rules of Senate Committees
Indian Affairs
COMMITTEE ON INDIAN AFFAIRS
Jurisdiction and Authority
S. Res. 4, Sec. 105, 95th Cong., 1st Sess. (1977) \1\
\1\ As amended by S. Res. 127, 98th Cong., 2d Sess. (1984).
Bracketed terms reflect changes in the Committee's Membership for the
103d Congress made by S. Res. 18, 103d Cong., 1st Sess. (1993), which
amended paragraph 3(c) of Senate Rule XXV, and the renumbering of
paragraphs in Senate Rule XXV effected by S. Res. 274, 96th Cong., 1st
Sess. (1979). The Committee was established as the Select Committee on
Indian Affairs. Section 25 of S. Res. 71, 103d Cong., 1st Sess.,
redesignates it as the Committee on Indian Affairs.
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(a)(1) There is established a Select Committee on Indian Affairs
(hereafter in this section referred to as the ``select committee'')
which shall consist of [eighteen] Members, [ten] to be appointed by the
President of the Senate, upon the recommendation of the majority leader,
from among Members of the majority party and [eight] to be appointed by
the President of the Senate, upon the recommendation of the minority
leader, from among the Members of the minority party. The select
committee shall select a chairman from among its Members.
(2) A majority of the Members of the committee shall constitute a
quorum thereof for the transaction of business, except that the select
committee may fix a lesser number as a quorum for the purpose of taking
testimony. The select committee shall adopt rules of procedure not
inconsistent with this section and the rules of the Senate governing
standing committees of the Senate.
(3) Vacancies in the Membership of the select committee shall not
affect the authority of the remaining Members to execute the functions
of the select committee.
(4) For purposes of [paragraph 4] of rule XXV of the Standing Rules
of the Senate, service of a Senator as a Member or chairman of the
select committee shall not be taken into account.
(b)(1) All proposed legislation, messages, petitions, memorials, and
other matters relating to Indian affairs shall be referred to the select
committee.
(2) It shall be the duty of the select committee to conduct a study
of any and all matters pertaining to problems and opportunities of
Indians, including but not limited to, Indian land management and trust
responsibilities, Indian education, health, special services, and loan
programs, and Indian claims against the United States.
(3) The select committee shall from time to time report to the
Senate, by bill or otherwise, its recommendations with respect to
matters referred to the select committee or otherwise within its
jurisdiction.
(c)(1) For the purposes of this section, the select committee is
authorized, in its discretion, (A) to make investigations into any
matter within its jurisdiction, (B) to make expenditures from the
contingent fund of the Senate, (C) to employ personnel, (D) to hold
hearings, (E) to sit and act at any time or place during the sessions,
recesses, and adjourned periods of the Senate, (F) to require, by
subpoena or otherwise, the attendance of witnesses and the production of
correspondence, books, papers, and documents, (G) to take depositions
and other testimony, (H) to procure the services of individual
consultants or organizations thereof, in accordance with the provisions
of section 202(i) of the Legislative Reorganization Act of 1946, and (I)
with the prior consent of the Government department or agency concerned
and the Committee on Rules and Administration, to use on a reimbursable
basis the services of personnel of any such department or agency.
(2) The chairman of the select committee or any Member thereof may
administer oaths to witnesses.
(3) Subpoenas authorized by the select committee may be issued over
the signature of the chairman, or any Member of the select committee
designated by the chairman, and may be served by any person designated
by the chairman or the Member signing the subpoena.
Rules of Procedure
141 Cong. Rec. S1266, S4119 (daily ed. Jan. 20, Mar. 16, 1995)
Committee Rules
Rule 1. The Standing Rules of the Senate, Senate Resolution 4, and
the provisions of the Legislative Reorganization Act of 1946, as amended
by the Legislative Reorganization Act of 1970, to the extent the
provisions of such Acts are applicable to the Committee on Indian
Affairs and supplemented by these rules, are adopted as the rules of the
committee.
Meetings of the Committee
Rule 2. The committee shall meet on the first Tuesday of each month
while the Congress is in session for the purpose of conducting business,
unless, for the convenience of Members, the Chairman shall set some
other day for a meeting. Additional meetings may be called by the
Chairman as he may deem necessary.
Open Hearings and Meetings
Rule 3. Hearings and business meetings of the committee shall be
open to the public except when the committee by majority vote orders a
closed hearing or meeting.
Hearing Procedure
Rule 4(a). Public notice shall be given of the date, place, and
subject matter of any hearing to be held by the committee at least one
week in advance of such hearing unless the Chairman of the committee
determines that the hearing is noncontroversial or that special
circumstances require expedited procedures and a majority of the
committee involved concurs. In no case shall a hearing be conducted with
less than 24 hours notice.
(b) Each witness who is to appear before the committee shall file
with the committee, at least 48 hours in advance of the hearing, a
written statement of his or her testimony with 25 copies.
(c) Each Member shall be limited to five (5) minutes in the
questioning of any witness until such time as all Members who so desire
have had an opportunity to question the witness unless the committee
shall decide otherwise.
(d) The Chairman and Vice Chairman or the Ranking Majority and
Minority Members present at the hearing may each appoint one committee
staff Member to question each witness. Such staff Member may question
the witness only after all Members present have completed their
questioning of the witness or at such other time as the Chairman and
Vice Chairman or the Ranking Majority and Minority Members present may
agree.
Business Meeting Agenda
Rule 5(a). A legislative measure or subject shall be included in the
agenda of the next following business meeting of the committee if a
written request for such inclusion has been filed with the Chairman of
the committee at least one week prior to such meeting. Nothing in this
rule shall be construed to limit the authority of the Chairman of the
committee to include legislative measures or subjects on the committee
agenda in the absence of such request.
(b) The agenda for any business meeting of the committee shall be
provided to each Member and made available to the public at least two
days prior to such meeting, and no new items may be added after the
agenda is so published except by the approval of a majority of the
Members of the committee. The Clerk shall promptly notify absent Members
of any action taken by the committee on matters not included in the
published agenda.
Quorums
Rule 6(a). Except as provided in subsections (b) and (c), nine
Members shall constitute a quorum for the conduct of business of the
committee. Consistent with Senate rules, a quorum is presumed to be
present, unless the absence of a quorum is noted.
(b) A measure may be ordered reported from the committee unless an
objection is made by a Member, in which case a recorded vote of the
Members shall be required.
(c) One Member shall constitute a quorum for the purpose of
conducting a hearing or taking testimony on any measure before the
committee.
Voting
Rule 7(a). A recorded vote of the Members shall be taken upon the
request of any Member.
(b) Proxy voting shall be permitted on all matters, except that
proxies may not be counted for the purpose of determining the presence
of a quorum. Unless further limited, a proxy shall be exercised only on
the date for which it is given and upon the items published in the
agenda for that date.
Sworn Testimony and Financial Statements
Rule 8. Witnesses in committee hearings may be required to give
testimony under oath whenever the Chairman or Vice Chairman of the
committee deems such to be necessary. At any hearing to confirm a
Presidential nomination, the testimony of the nominee, and at the
request of any Members, any other witness shall be under oath. Every
nominee shall submit a financial statement on forms to be perfected by
the committee, which shall be sworn to by the nominee as to its
completeness and accuracy. All such statements shall be made public by
the committee unless the committee, in executive session, determines
that special circumstances require a full or partial exception to this
rule. Members of the committee are urged to make public a complete
disclosure of their financial interests on forms to be perfected by the
committee in the manner required in the case of Presidential nominees.
Confidential Testimony
Rule 9. No confidential testimony taken by or confidential material
presented to the committee or any report of the proceedings of a closed
committee hearing or business meeting shall be made public in whole or
in part or by way of summary, unless authorized by a majority of the
Members of the committee at a business meeting called for the purpose of
making such a determination.
Defamatory Statements
Rule 10. Any person whose name is mentioned or who is specifically
identified in, or who believes that testimony or other evidence
presented at, an open committee hearing tends to defame him or otherwise
adversely affect his reputation may file with the committee for its
consideration and action a sworn statement of facts relevant to such
testimony or evidence.
Broadcasting of Hearings or Meetings
Rule 11. Any meeting or hearing by the committee which is open to
the public may be covered in whole or in part by television broadcast,
radio broadcast, or still photography. Photographers and reporters using
mechanical recording, filming, or broadcasting devices shall position
their equipment so as not to interfere with the sight, vision, and
hearing of Members and staff on the dais or with the orderly process of
the meeting or hearing.
Amending the Rules
Rule 12. These rules may be amended only by a vote of a majority of
all the Members of the committee in a business meeting of the committee:
Provided, that no vote may be taken on any proposed amendment unless
such amendment is reproduced in full in the committee agenda for such
meeting at least seven (7) days in advance of such meeting.
Authority and Rules of Senate Committees
Intelligence
SELECT COMMITTEE ON INTELLIGENCE
Jurisdiction and Authority
S. Res. 400, 94th Cong., 2d Sess. (1976) \1\
\1\ As amended by S. Res. 4, 95th Cong., 1st Sess. (1977). Bracketed
terms reflect changes to the Senate rules and a committee name referred
to in S. Res. 400, which were made by S. Res. 4, 95th Cong., 1st Sess.
(1977), S. Res. 274, 96th Cong., 1st Sess. (1979), and S. Res. 389, 96th
Cong., 2d Sess. (1980).
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Resolved, That it is the purpose of this resolution to establish a
new select committee of the Senate, to be known as the Select Committee
on Intelligence, to oversee and make continuing studies of the
intelligence activities and programs of the United States Government,
and to submit to the Senate appropriate proposals for legislation and
report to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee on
Intelligence shall make every effort to assure that the appropriate
departments and agencies of the United States provide informed and
timely intelligence necessary for the executive and legislative branches
to make sound decisions affecting the security and vital interests of
the Nation. It is further the purpose of this resolution to provide
vigilant legislative oversight over the intelligence activities of the
United States to assure that such activities are in conformity with the
Constitution and laws of the United States.
Sec. 2. (a)(1) There is hereby established a select committee to be
known as the Select Committee on Intelligence (hereinafter in this
resolution referred to as the ``select committee''). The select
committee shall be composed of fifteen Members appointed as follows:
(A) two Members from the Committee on Appropriations;
(B) two Members from the Committee on Armed Services;
(C) two Members from the Committee on Foreign Relations;
(D) two Members from the Committee on the Judiciary; and
(E) seven Members to be appointed from the Senate at large.
(2) Members appointed from each committee named in clauses (A)
through (D) of paragraph (1) shall be evenly divided between the two
major political parties and shall be appointed by the President pro
tempore of the Senate upon the recommendations of the majority and
minority leaders of the Senate. Four of the Members appointed under
clause (E) of paragraph (1) shall be appointed by the President pro
tempore of the Senate upon the recommendation of the majority leader of
the Senate and three shall be appointed by the President pro tempore of
the Senate upon the recommendation of the minority leader of the Senate.
(3) The majority leader of the Senate and the minority leader of the
Senate shall be ex officio Members of the select committee but shall
have no vote in the committee and shall not be counted for purposes of
determining a quorum.
(b) No Senator may serve on the select committee for more than eight
years of continuous service, exclusive of service by any Senator on such
committee during the Ninety-fourth Congress. To the greatest extent
practicable, one-third of the Members of the Senate appointed to the
select committee at the beginning of the Ninety-seventh Congress and
each Congress thereafter shall be Members of the Senate who did not
serve on such committee during the preceding Congress.
(c) At the beginning of each Congress, the Members of the Senate who
are Members of the majority party of the Senate shall elect a chairman
for the select committee, and the Members of the Senate who are from the
minority party of the Senate shall elect a vice chairman for such
committee. The vice chairman shall act in the place and stead of the
chairman in the absence of the chairman. Neither the chairman nor the
vice chairman of the select committee shall at the same time serve as
chairman or Ranking Minority Member of any other committee referred to
in [paragraph 4(e)(1)] of rule XXV of the Standing Rules of the Senate.
Sec. 3. (a) There shall be referred to the select committee all
proposed legislation, messages, petitions, memorials, and other matters
relating to the following:
(1) The Central Intelligence Agency and the Director of
Central Intelligence.
(2) Intelligence activities of all other departments and
agencies of the Government, including, but not limited to, the
intelligence activities of the Defense Intelligence Agency, the
National Security Agency, and other agencies of the Department
of Defense; the Department of State; the Department of Justice;
and the Department of the Treasury.
(3) The organization or reorganization of any department or
agency of the Government to the extent that the organization or
reorganization relates to a function or activity involving
intelligence activities.
(4) Authorizations for appropriations, both direct and
indirect, for the following:
(A) The Central Intelligence Agency and Director of
Central Intelligence.
(B) The Defense Intelligence Agency.
(C) The National Security Agency.
(D) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(E) The intelligence activities of the Department of
State.
(F) The intelligence activities of the Federal Bureau
of Investigation, including all activities of the
Intelligence Division.
(G) Any department, agency, or subdivision which is
the successor to any agency named in clause (A), (B), or
(C); and the activities of any department, agency, or
subdivision which is the successor to any department,
agency, bureau, or subdivision named in clause (D), (E),
or (F) to the extent that the activities of such
successor department, agency, or subdivision are
activities described in clause (D), (E), or (F).
(b) Any proposed legislation reported by the select committee,
except any legislation involving matters specified in clause (1) or
(4)(A) of subsection (a), containing any matter otherwise within the
jurisdiction of any standing committee shall, at the request of the
chairman of such standing committee, be referred to such standing
committee for its consideration of such matter and be reported to the
Senate by such standing committee within thirty days after the day on
which such proposed legislation is referred to such standing committee;
and any proposed legislation reported by any committee, other than the
select committee, which contains any matter within the jurisdiction of
the select committee shall, at the request of the chairman of the select
committee, be referred to the select committee for its consideration of
such matter and be reported to the Senate by the select committee within
thirty days after the day on which such proposed legislation is referred
to such committee. In any case in which a committee fails to report any
proposed legislation referred to it within the time limit prescribed
herein, such committee shall be automatically discharged from further
consideration of such proposed legislation on the thirtieth day
following the day on which such proposed legislation is referred to such
committee unless the Senate provides otherwise. In computing any thirty-
day period under this paragraph there shall be excluded from such
computation any days on which the Senate is not in session.
(c) Nothing in this resolution shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review any intelligence activity to the extent that such activity
directly affects a matter otherwise within the jurisdiction of such
committee.
(d) Nothing in this resolution shall be construed as amending,
limiting, or otherwise changing the authority of any standing committee
of the Senate to obtain full and prompt access to the product of the
intelligence activities of any department or agency of the Government
relevant to a matter otherwise within the jurisdiction of such
committee.
Sec. 4. (a) The select committee, for the purpose of accountability
to the Senate, shall make regular and periodic reports to the Senate on
the nature and extent of the intelligence activities of the various
departments and agencies of the United States. Such committee shall
promptly call to the attention of the Senate or to any other appropriate
committee or committees of the Senate any matters requiring the
attention of the Senate or such other committee or committees. In making
such report, the select committee shall proceed in a manner consistent
with section 8(c)(2) to protect national security.
(b) The select committee shall obtain an annual report from the
Director of the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence activities of
the agency or department concerned and the intelligence activities of
foreign countries directed at the United States or its interest. An
unclassified version of each report may be made available to the public
at the discretion of the select committee. Nothing herein shall be
construed as requiring the public disclosure in such reports of the
names of individuals engaged in intelligence activities for the United
States or the divulging of intelligence methods employed or the sources
of information on which such reports are based or the amounts of funds
authorized to be appropriated for intelligence activities.
(c) On or before March 15 of each year, the select committee shall
submit to the Committee on the Budget of the Senate the views and
estimates described in section 301(c) of the Congressional Budget Act of
1974 regarding matters within the jurisdiction of the select committee.
Sec. 5. (a) For the purposes of this resolution, the select
committee is authorized in its discretion (1) to make investigations
into any matter within its jurisdiction, (2) to make expenditures from
the contingent fund of the Senate, (3) to employ personnel, (4) to hold
hearings, (5) to sit and act at any time or place during the sessions,
recesses, and adjourned periods of the Senate, (6) to require, by
subpoena or otherwise, the attendance of witnesses and the production of
correspondence, books, papers, and documents, (7) to take depositions
and other testimony, (8) to procure the service of individual
consultants or organizations thereof, in accordance with the provisions
of section 202(i) of the Legislative Reorganization Act of 1946, and (9)
with the prior consent of the Government department or agency concerned
and the Committee on Rules and Administration, to use on a reimbursable
basis the services of personnel of any such department or agency.
(b) The chairman of the select committee or any Member thereof may
administer oaths to witnesses.
(c) Subpoenas authorized by the select committee may be issued over
the signature of the chairman, the vice chairman or any Member of the
select committee designated by the chairman, and may be served by any
person designated by the chairman or any Member signing the subpoenas.
Sec. 6. No employee of the select committee or any person engaged by
contract or otherwise to perform services for or at the request of such
committee shall be given access to any classified information by such
committee unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the Senate (including the
jurisdiction of the [Select Committee on Ethics]) and of such committee
as to the security of such information during and after the period of
his employment or contractual agreement with such committee; and (2)
received an appropriate security clearance as determined by such
committee in consultation with the Director of Central Intelligence. The
type of security clearance to be required in the case of any such
employee or person shall, within the determination of such committee in
consultation with the Director of Central Intelligence, be commensurate
with the sensitivity of the classified information to which such
employee or person will be given access by such committee.
Sec. 7. The select committee shall formulate and carry out such
rules and procedures as it deems necessary to prevent the disclosure,
without the consent of the person or persons concerned, of information
in the possession of such committee which unduly infringes upon the
privacy or which violates the constitutional rights of such person or
persons. Nothing herein shall be construed to prevent such committee
from publicly disclosing any such information in any case in which such
committee determines the national interest in the disclosure of such
information clearly outweighs any infringement on the privacy of any
person or persons.
Sec. 8. (a) The select committee may, subject to the provisions of
this section, disclose publicly any information in the possession of
such committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee action
is required to disclose any information under this section, the
committee shall meet to vote on the matter within five days after any
Member of the committee requests such a vote. No Member of the select
committee shall disclose any information, the disclosure of which
requires a committee vote, prior to a vote by the committee on the
question of the disclosure of such information or after such vote except
in accordance with this section.
(b)(1) In any case in which the select committee votes to disclose
publicly any information which has been classified under established
security procedures, which has been submitted to it by the executive
branch, and which the executive branch requests be kept secret, such
committee shall notify the President of such vote.
(2) The select committee may disclose publicly such information
after the expiration of a five-day period following the day on which
notice of such vote is transmitted to the President, unless, prior to
the expiration of such five-day period, the President, personally in
writing, notifies the committee that he objects to the disclosure of
such information, provides his reasons therefor, and certifies that the
threat to the national interest of the United States posed by such
disclosure is of such gravity that it outweighs any public interest in
the disclosure.
(3) If the President, personally in writing, notifies the select
committee of his objections to the disclosure of such information as
provided in paragraph (2), such committee may, by majority vote, refer
the question of the disclosure of such information to the Senate for
consideration. The committee shall not publicly disclose such
information without leave of the Senate.
(4) Whenever the select committee votes to refer the question of
disclosure of any information to the Senate under paragraph (3), the
chairman shall not later than the first day on which the Senate is in
session following the day on which the vote occurs, report the matter to
the Senate for its consideration.
(5) One hour after the Senate convenes on the fourth day on which
the Senate is in session following the day on which any such matter is
reported to the Senate, or at such earlier time as the majority leader
and the minority leader of the Senate jointly agree upon in accordance
with [paragraph 5 of rule XVII of the Standing Rules of the Senate], the
Senate shall go into closed session and the matter shall be the pending
business. In considering the matter in closed session the Senate may--
(A) approve the public disclosure of all or any portion of the
information in question, in which case the committee shall
publicly disclose the information ordered to be disclosed,
(B) disapprove the public disclosure of all or any portion of
the information in question, in which case the committee shall
not publicly disclose the information ordered not to be
disclosed, or
(C) refer all or any portion of the matter back to the
committee, in which case the committee shall make the final
determination with respect to the public disclosure of the
information in question.
Upon conclusion of the consideration of such matter in closed session,
which may not extend beyond the close of the ninth day on which the
Senate is in session following the day on which such matter was reported
to the Senate, or the close of the fifth day following the day agreed
upon jointly by the majority and minority leaders in accordance with
[paragraph 5 of rule XVII of the Standing Rules of the Senate]
(whichever the case may be), the Senate shall immediately vote on the
disposition of such matter in open session, without debate, and without
divulging the information with respect to which the vote is being taken.
The Senate shall vote to dispose of such matter by one or more of the
means specified in clauses (A), (B), and (C) of the second sentence of
this paragraph. Any vote of the Senate to disclose any information
pursuant to this paragraph shall be subject to the right of a Member of
the Senate to move for reconsideration of the vote within the time and
pursuant to the procedures specified in rule XIII of the Standing Rules
of the Senate, and the disclosure of such information shall be made
consistent with that right.
(c)(1) No information in the possession of the select committee
relating to the lawful intelligence activities of any department or
agency of the United States which has been classified under established
security procedures and which the select committee, pursuant to
subsection (a) or (b) of this section, has determined should not be
disclosed shall be made available to any person by a Member, officer, or
employee of the Senate except in a closed session of the Senate or as
provided in paragraph (2).
(2) The select committee may, under such regulations as the
committee shall prescribe to protect the confidentiality of such
information, make any information described in paragraph (1) available
to any other committee or any other Member of the Senate. Whenever the
select committee makes such information available, the committee shall
keep a written record showing, in the case of any particular
information, which committee or which Members of the Senate received
such information. No Member of the Senate who, and no committee which,
receives any information under this subsection, shall disclose such
information except in a closed session of the Senate.
(d) It shall be the duty of the [Select Committee on Ethics] to
investigate any unauthorized disclosure of intelligence information by a
Member, officer or employee of the Senate in violation of subsection (c)
and to report to the Senate concerning any allegation which it finds to
be substantiated.
(e) Upon the request of any person who is subject to any such
investigation, the [Select Committee on Ethics] shall release to such
individual at the conclusion of its investigation a summary of its
investigation together with its findings. If, at the conclusion of its
investigation, the [Select Committee on Ethics] determines that there
has been a significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate, it shall
report its findings to the Senate and recommend appropriate action such
as censure, removal from committee Membership, or expulsion from the
Senate, in the case of a Member, or removal from office or employment or
punishment for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any personal
representative of the President, designated by the President to serve as
a liaison to such committee, to attend any closed meeting of such
committee.
Sec. 10. Upon expiration of the Select Committee on Governmental
Operations With Respect to Intelligence Activities, established by
Senate Resolution 21, Ninety-fourth Congress, all records, files,
documents, and other materials in the possession, custody, or control of
such committee, under appropriate conditions established by it, shall be
transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head of each
department and agency of the United States should keep the select
committee fully and currently informed with respect to intelligence
activities, including any significant anticipated activities, which are
the responsibility of or engaged in by such department or agency:
Provided, That this does not constitute a condition precedent to the
implementation of any such anticipated intelligence activity.
(b) It is the sense of the Senate that the head of any department or
agency of the United States involved in any intelligence activities
should furnish any information or document in the possession, custody,
or control of the department or agency, or person paid by such
department or agency, whenever requested by the select committee with
respect to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department and agency of
the United States should report immediately upon discovery to the select
committee any and all intelligence activities which constitute
violations of the constitutional rights of any person, violations of
law, or violations of Executive orders, Presidential directives, or
departmental or agency rules or regulations; each department and agency
should further report to such committee what actions have been taken or
are expected to be taken by the departments or agencies with respect to
such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no funds shall
be appropriated for any fiscal year beginning after September 30, 1976,
with the exception of a continuing bill or resolution, or amendment
thereto, or conference report thereon, to, or for use of, any department
or agency of the United States to carry out any of the following
activities, unless such funds shall have been previously authorized by a
bill or joint resolution passed by the Senate during the same or
preceding fiscal year to carry out such activity for such fiscal year:
(1) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.
(2) The activities of the Defense Intelligence Agency.
(3) The activities of the National Security Agency.
(4) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(5) The intelligence activities of the Department of State.
(6) The intelligence activities of the Federal Bureau of
Investigation, including all activities of the Intelligence
Division.
Sec. 13. (a) The select committee shall make a study with respect to
the following matters, taking into consideration with respect to each
such matter, all relevant aspects of the effectiveness of planning,
gathering, use, security, and dissemination of intelligence:
(1) the quality of the analytical capabilities of United
States foreign intelligence agencies and means for integrating
more closely analytical intelligence and policy formulation;
(2) the extent and nature of the authority of the departments
and agencies of the executive branch to engage in intelligence
activities and the desirability of developing charters for each
intelligence agency or department;
(3) the organization of intelligence activities in the
executive branch to maximize the effectiveness of the conduct,
oversight, and accountability of intelligence activities; to
reduce duplication or overlap; and to improve the morale of the
personnel of the foreign intelligence agencies;
(4) the conduct of covert and clandestine activities and the
procedures by which Congress is informed of such activities;
(5) the desirability of changing any law, Senate rule or
procedure, or any Executive order, rule, or regulation to
improve the protection of intelligence secrets and provide from
disclosure of information for which there is no compelling
reason for secrecy;
(6) the desirability of establishing a standing committee of
the Senate on intelligence activities;
(7) the desirability of establishing a joint committee of the
Senate and the House of Representatives on intelligence
activities in lieu of having separate committees in each House
of Congress, or of establishing procedures under which separate
committees on intelligence activities of the two Houses of
Congress would receive joint briefings from the intelligence
agencies and coordinate their policies with respect to the
safeguarding of sensitive intelligence information;
(8) the authorization of funds for the intelligence activities
of the Government and whether disclosure of any of the amounts
of such funds is in the public interest; and
(9) the development of a uniform set of definitions for terms
to be used in policies or guidelines which may be adopted by the
executive or legislative branches to govern, clarify, and
strengthen the operation of intelligence activities.
(b) The select committee may, in its discretion, omit from the
special study required by this section any matter it determines has been
adequately studied by the Select Committee To Study Governmental
Operations With Respect to Intelligence Activities, established by
Senate Resolution 21, Ninety-fourth Congress.
(c) The select committee shall report the results of the study
provided for by this section to the Senate, together with any
recommendations for legislative or other actions it deems appropriate,
no later than July 1, 1977, and from time to time thereafter as it deems
appropriate.
Sec. 14. (a) As used in this resolution, the term ``intelligence
activities'' includes (1) the collection, analysis, production,
dissemination, or use of information which relates to any foreign
country, or any government, political group, party, military force,
movement, or other association in such foreign country, and which
relates to the defense, foreign policy, national security, or related
policies of the United States, and other activity which is in support of
such activities; (2) activities taken to counter similar activities
directed against the United States; (3) covert or clandestine activities
affecting the relations of the United States with any foreign
government, political group, party, military force, movement or other
association; (4) the collection, analysis, production, dissemination, or
use of information about activities of persons within the United States,
its territories and possessions, or nationals of the United States
abroad whose political and related activities pose, or may be considered
by any department, agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the internal security
of the United States, and covert or clandestine activities directed
against such persons. Such term does not include tactical foreign
military intelligence serving no national policymaking function.
(b) As used in this resolution, the term ``department or agency''
includes any organization, committee, council, establishment, or office
within the Federal Government.
(c) For purposes of this resolution, reference to any department,
agency, bureau, or subdivision shall include a reference to any
successor department, agency, bureau, or subdivision to the extent that
such successor engages in intelligence activities now conducted by the
department, agency, bureau, or subdivision referred to in this
resolution.
Sec. 15. (This section authorized funds for the select committee for
the period May 19, 1976, through Feb. 28, 1977.)
Sec. 16. Nothing in this resolution shall be construed as
constituting acquiescence by the Senate in any practice, or in the
conduct of any activity, not otherwise authorized by law.
Rules of Procedure
141 Cong. Rec. S2978 (daily ed. Feb. 22, 1995)
Rule 1. Convening of Meetings
1.1. The regular meeting day of the Select Committee on Intelligence
for the transaction of Committee business shall be every other Wednesday
of each month, unless otherwise directed by the Chairman.
1.2. The Chairman shall have authority, upon proper notice, to call
such additional meetings of the Committee as he may deem necessary and
may delegate such authority to any other member of the Committee.
1.3. A special meeting of the Committee may be called at any time
upon the written request of five or more members of the Committee filed
with the Clerk of the Committee.
1.4. In the case of any meeting of the Committee, other than a
regularly scheduled meeting, the Clerk of the Committee shall notify
every member of the Committee of the time and place of the meeting and
shall give reasonable notice which, except in extraordinary
circumstances, shall be at least 24 hours in advance of any meeting held
in Washington, D.C. and at least 48 hours in the case of any meeting
held outside Washington, D.C.
1.5. If five members of the Committee have made a request in writing
to the Chairman to call a meeting of the Committee, and the Chairman
fails to call such a meeting within seven calendar days thereafter,
including the day on which the written notice is submitted, these
members may call a meeting by filing a written notice with the Clerk of
the Committee who shall promptly notify each member of the Committee in
writing of the date and time of the meeting.
Rule 2. Meeting Procedures
2.1. Meetings of the Committee shall be open to the public except as
provided in S. Res. 9, 94th Congress, 1st Session.
2.2. It shall be the duty of the Staff Director to keep or cause to
be kept a record of all Committee proceedings.
2.3. The Chairman of the Committee, or if the Chairman is not
present the Vice Chairman, shall preside over all meetings of the
Committee. In the absence of the Chairman and the Vice Chairman at any
meeting the ranking majority member, or if no majority member is present
the ranking minority member present shall preside.
2.4. Except as otherwise provided in these Rules, decisions of the
Committee shall be by a majority vote of the members present and voting.
A quorum for the transaction of Committee business, including the
conduct of executive sessions, shall consist of no less than one third
of the Committee members, except that for the purpose of hearing
witnesses, taking sworn testimony, and receiving evidence under oath, a
quorum may consist of one Senator.
2.5. A vote by any member of the Committee with respect to any
measure or matter being considered by the Committee may be cast by proxy
if the proxy authorization (1) is in writing; (2) designates the member
of the Committee who is to exercise the proxy; and (3) is limited to a
specific measure or matter and any amendments pertaining thereto.
Proxies shall not be considered for the establishment of a quorum.
2.6. Whenever the Committee by roll call vote reports any measure or
matter, the report of the Committee upon such measure or matter shall
include a tabulation of the votes cast in favor of and the votes cast in
opposition to such measure or matter by each member of the Committee.
Rule 3. Subcommittees
Creation of subcommittees shall be by majority vote of the
Committee. Subcommittees shall deal with such legislation and oversight
of programs and policies as the Committee may direct. The subcommittees
shall be governed by the Rules of the Committee and by such other rules
they may adopt which are consistent with the Rules of the Committee.
Rule 4. Reporting of Measures or Recommendations
4.1. No measures or recommendations shall be reported, favorably or
unfavorably, from the Committee unless a majority of the Committee is
actually present and a majority concur.
4.2. In any case in which the Committee is unable to reach a
unanimous decision, separate views or reports may be presented by any
member or members of the Committee.
4.3. A member of the Committee who gives notice of his intention to
file supplemental, minority, or additional views at the time of final
Committee approval of a measure or matter, shall be entitled to not less
than three working days in which to file such views, in writing with the
Clerk of the Committee. Such views shall then be included in the
Committee report and printed in the same volume, as a part thereof, and
their inclusion shall be noted on the cover of the report.
4.4. Routine, non-legislative actions required of the Committee may
be taken in accordance with procedures that have been approved by the
Committee pursuant to these Committee Rules.
Rule 5. Nominations
5.1 Unless otherwise ordered by the Committee, nominations referred
to the Committee shall be held for at least 14 days before being voted
on by the Committee.
5.2 Each member of the Committee shall be promptly furnished a copy
of all nominations referred to the Committee.
5.3 Nominees who are invited to appear before the Committee shall be
heard in public session, except as provided in Rule 2.1.
5.4 No confirmation hearing shall be held sooner than seven days
after receipt of the background and financial disclosure statement
unless the time limit is waived by a majority vote of the Committee.
5.5 The Committee vote on the confirmation shall not be sooner than
48 hours after the Committee has received transcripts of the
confirmation hearing unless the time limit is waived by unanimous
consent of the Committee.
5.6 No nomination shall be reported to the Senate unless the nominee
has filed a background and financial disclosure statement with the
Committee.
Rule 6. Investigations
No investigation shall be initiated by the Committee unless at least
five members of the Committee have specifically requested the Chairman
or the Vice Chairman to authorize such an investigation. Authorized
investigations may be conducted by members of the Committee and/or
designated Committee staff members.
Rule 7. Subpoenas
Subpoenas authorized by the Committee for the attendance of
witnesses or the production of memoranda, documents, records or any
other material may be issued by the Chairman, the Vice Chairman, or any
member of the Committee designated by the Chairman, and may be served by
any person designated by the Chairman, Vice Chairman or member issuing
the subpoenas. Each subpoena shall have attached thereto a copy of S.
Res. 400, 94th Congress, 2nd Session and a copy of these Rules.
Rule 8. Procedures Related to the Taking of Testimony
8.1 Notice.--Witnesses required to appear before the Committee shall
be given reasonable notice and all witnesses shall be furnished a copy
of these Rules.
8.2 Oath or Affirmation.--Testimony of witnesses shall be given
under oath or affirmation which may be administered by any member of the
Committee.
8.3 Interrogation.--Committee interrogation shall be conducted by
members of the Committee and such Committee staff as are authorized by
the Chairman, Vice Chairman, or the presiding member.
8.4 Counsel for the Witness.--(a) Any witness may be accompanied by
counsel. A witness who is unable to obtain counsel may inform the
Committee of such fact. If the witness informs the Committee of this
fact at least 24 hours prior to his or her appearance before the
Committee, the Committee shall then endeavor to obtain voluntary counsel
for the witness. Failure to obtain such counsel will not excuse the
witness from appearing and testifying.
(b) Counsel shall conduct themselves in an ethical and professional
manner. Failure to do so shall, upon a finding to that effect by a
majority of the members present, subject such counsel to disciplinary
action which may include warning, censure, removal, or a recommendation
of contempt proceedings.
(c) There shall be no direct or cross-examination by counsel.
However, counsel may submit in writing any question he wishes propounded
to his client or to any other witness and may, at the conclusion of his
client's testimony, suggest the presentation of other evidence or the
calling of other witnesses. The Committee may use such questions and
dispose of such suggestions as it deems appropriate.
8.5 Statements by Witnesses.--A witness may make a statement, which
shall be brief and relevant, at the beginning and conclusion of his or
her testimony. Such statements shall not exceed a reasonable period of
time as determined by the Chairman, or other presiding members. Any
witness desiring to make a prepared or written statement for the record
of the proceedings shall file a copy with the Clerk of the Committee,
and insofar as practicable and consistent with the notice given, shall
do so at least 72 hours in advance of his or her appearance before the
Committee.
8.6 Objections and Rulings.--Any objection raised by a witness or
counsel shall be ruled upon by the Chairman or other presiding member,
and such ruling shall be the ruling of the Committee unless a majority
of the Committee present overrules the ruling of the chair.
8.7 Inspection and Correction.--All witnesses testifying before the
Committee shall be given a reasonable opportunity to inspect, in the
office of the Committee, the transcript of their testimony to determine
whether such testimony was correctly transcribed. The witness may be
accompanied by counsel. Any corrections the witness desires to make in
the transcript shall be submitted in writing to the Committee within
five days from the date when the transcript was made available to the
witness. Corrections shall be limited to grammar and minor editing, and
may not be made to change the substance of the testimony. Any questions
arising with respect to such corrections shall be decided by the
Chairman. Upon request, those parts of testimony given by a witness in
executive session which are subsequently quoted or made part of a public
record shall be made available to that witness at his or her expense.
8.8 Requests To Testify.--The Committee will consider requests to
testify on any matter or measure pending before the Committee. A person
who believes that testimony or other evidence presented at a public
hearing, or any comment made by a Committee member or a member of the
Committee staff may tend to affect adversely his or her reputation, may
request to appear personally before the Committee to testify on his or
her own behalf, or may file a sworn statement of facts relevant to the
testimony, evidence, or comment, or may submit to the Chairman proposed
questions in writing for the cross-examination of other witnesses. The
Committee shall take such action as it deems appropriate.
8.9 Contempt Procedures.--No recommendation that a person be cited
for contempt of Congress shall be forwarded to the Senate unless and
until the Committee has, upon notice to all its members, met and
considered the alleged contempt, afforded the person an opportunity to
state in writing or in person why he or she should not be held in
contempt, and agreed, by majority vote of the Committee to forward such
recommendation to the Senate.
8.10 Release of Name of Witness.--Unless authorized by the Chairman,
the name of any witness scheduled to be heard by the Committee shall not
be released prior to, or after, his or her appearance before the
Committee.
Rule 9. Procedures for Handling Classified or Sensitive Material
9.1 Committee staff offices shall operate under strict precautions.
At least one security guard shall be on duty at all times by the
entrance to control entry. Before entering the office all persons shall
identify themselves.
9.2 Sensitive or classified documents and material shall be
segregated in a secure storage area. They may be examined only at secure
reading facilities. Copying, duplicating, or removal from the Committee
offices of such documents and other materials is prohibited except as is
necessary for use in, or preparation for, interviews or Committee
meetings, including the taking of testimony, and in conformity with
Section 10.3 hereof. All documents or materials removed from the
Committee offices for such authorized purposes must be returned to the
Committee's secure storage area for overnight storage.
9.3 Each member of the Committee shall at all times have access to
all papers and other material received from any source. The Staff
Director shall be responsible for the maintenance, under appropriate
security procedures, of a registry which will number and identify all
classified papers and other classified materials in the possession of
the Committee, and such registry shall be available to any member of the
Committee.
9.4 Whenever the Select Committee on Intelligence makes classified
material available to any other Committee of the Senate or to any member
of the Senate not a member of the Committee, such material shall be
accompanied by a verbal or written notice to the recipient advising of
their responsibility to protect such materials pursuant to section 8 of
S. Res. 400 of the 94th Congress. The Clerk of the Committee shall
ensure that such notice is provided and shall maintain a written record
identifying the particular information transmitted and the Committee or
members of the Senate receiving such information.
9.5 Access to classified information supplied to the Committee shall
be limited to those Committee staff members with appropriate security
clearance and a need-to-know, as determined by the Committee, and, under
the Committee's direction, the Staff Director and minority Staff
Director.
9.6 No member of the Committee or of the Committee staff shall
disclose, in whole or in part or by way of summary, to any person not a
member of the Committee or the Committee staff for any purpose or in
connection with any proceeding, judicial or otherwise, any testimony
given before the Committee in executive session including the name of
any witness who appeared or was called to appear before the Committee in
executive session, or the contents of any papers or materials or other
information received by the Committee except as authorized herein, or
otherwise as authorized by the Committee in accordance with Section 8 of
S. Res. 400 of the 94th Congress and the provisions of these rules, or
in the event of the termination of the Committee, in such a manner as
may be determined by the Senate. For purposes of this paragraph, members
and staff of the Committee may disclose classified information in the
possession of the Committee only to persons with appropriate security
clearances who have a need to know such information for an official
governmental purpose related to the work of the Committee. Information
discussed in executive sessions of the Committee and information
contained in papers and materials which are not classified but which are
controlled by the Committee may be disclosed only to persons outside the
Committee who have a need to know such information for an official
governmental purpose related to the work of the Committee and only if
such disclosure has been authorized by the Chairman and Vice Chairman of
the Committee, or by the Staff Director and minority Staff Director,
acting on their behalf. Failure to abide by this provision shall
constitute grounds for referral to the Select Committee on Ethics
pursuant to Section 8 of S. Res. 400.
9.7 Before the Committee makes any decision regarding the
disposition of any testimony, papers, or other materials presented to
it, the Committee members shall have a reasonable opportunity to examine
all pertinent testimony, papers, and other materials that have been
obtained by the members of the Committee or the Committee staff.
9.8 Attendance of persons outside the Committee at closed meetings
of the Committee shall be kept at a minimum and shall be limited to
persons with appropriate security clearance and a need-to-know the
information under consideration for the execution of their official
duties. Notes taken at such meeting by any person in attendance shall be
returned to the secure storage area in the Committee's offices at the
conclusion of such meetings, and may be made available to the
department, agency, office, committee or entity concerned only in
accordance with the security procedures of the Committee.
Rule 10. Staff
10.1. For purposes of these rules, Committee staff includes
employees of the Committee, consultants to the Committee, or any other
person engaged by contract or otherwise to perform services for or at
the request of the Committee. To the maximum extent practicable, the
Committee shall rely on its full-time employees to perform all staff
functions. No individual may be retained as staff of the Committee or to
perform services for the Committee unless that individual holds
appropriate security clearances.
10.2. The appointment of Committee staff shall be confirmed by a
majority vote of the Committee. After confirmation, the Chairman shall
certify Committee staff appointments to the Financial Clerk of the
Senate in writing. No Committee staff shall be given access to any
classified information or regular access to the Committee offices, until
such Committee staff has received an appropriate security clearance as
described in Section 6 of Senate Resolution 400 of the 94th Congress.
10.3. The Committee staff works for the Committee as a whole, under
the general supervision of the Chairman and Vice Chairman of the
Committee. The duties of Committee staff shall be performed, and
Committee staff personnel affairs and day-to-day operations, including
security and control of classified documents and material, shall be
administered under the direct supervision and control of the Staff
Director. The Minority Staff Director and the Minority Counsel shall be
kept fully informed regarding all matters and shall have access to all
material in the files of the Committee.
10.4. The Committee staff shall assist the minority as fully as the
majority in the expression of minority views, including assistance in
the preparation and filing of additional, separate and minority views,
to the end that all points of view may be fully considered by the
Committee and the Senate.
10.5. The members of the Committee staff shall not discuss either
the substance or procedure of the work of the Committee with any person
not a member of the Committee or the Committee staff for any purpose or
in connection with any proceeding, judicial or otherwise, either during
their tenure as a member of the Committee staff or at any time
thereafter except as directed by the Committee in accordance with
Section 8 of S. Res. 400 of the 94th Congress and the provisions of
these rules, or in the event of the termination of the Committee, in
such a manner as may be determined by the Senate.
10.6. No member of the Committee staff shall be employed by the
Committee unless and until such a member of the Committee staff agrees
in writing, as a condition of employment to abide by the conditions of
the nondisclosure agreement promulgated by the Senate Select Committee
on Intelligence, pursuant to Section 6 of S. Res. 400 of the 94th
Congress, 2d Session, and to abide by the Committee's code of conduct.
10.7. No member of the Committee staff shall be employed by the
Committee unless and until such a member of the Committee staff agrees
in writing, as a condition of employment, to notify the Committee or in
the event of the Committee's termination the Senate of any request for
his or her testimony, either during his or her tenure as a member of the
Committee staff or at any time thereafter with respect to information
which came into his or her possession by virtue of his or her position
as a member of the Committee staff. Such information shall not be
disclosed in response to such requests except as directed by the
Committee in accordance with Section 8 of S. Res. 400 of the 94th
Congress and the provisions of these rules, or in the event of the
termination of the Committee, in such manner as may be determined by the
Senate.
10.8. The Committee shall immediately consider action to be taken in
the case of any member of the Committee staff who fails to conform to
any of these Rules. Such disciplinary action may include, but shall not
be limited to, immediate dismissal from the Committee staff.
10.9. Within the Committee staff shall be an element with the
capability to perform audits of programs and activities undertaken by
departments and agencies with intelligence functions. Such element shall
be comprised of persons qualified by training and/or experience to carry
out such functions in accordance with accepted auditing standards.
10.10. The workplace of the Committee shall be free from illegal
use, possession, sale or distribution of controlled substances by its
employees. Any violation of such policy by any member of the Committee
staff shall be grounds for termination of employment. Further, any
illegal use of controlled substances by a member of the Committee staff,
within the workplace or otherwise, shall result in reconsideration of
the security clearance of any such staff member and may constitute
grounds for termination of employment with the Committee.
10.11. In accordance with title III of the Civil Rights Act of 1991
(P.L. 102-166), all personnel actions affecting the staff of the
Committee shall be made free from any discrimination based on race,
color, religion, sex, national origin, age, handicap or disability.
Rule 11. Preparation for Committee Meetings
11.1 Under direction of the Chairman and the Vice Chairman
designated Committee staff members shall brief members of the Committee
at a time sufficiently prior to any Committee meeting to assist the
Committee members in preparation for such meeting and to determine any
matter which the Committee member might wish considered during the
meeting. Such briefing shall, at the request of a member, include a list
of all pertinent papers and other materials that have been obtained by
the Committee that bear on matters to be considered at the meeting.
11.2 The Staff Director shall recommend to the Chairman and the Vice
Chairman the testimony, papers, and other materials to be presented to
the Committee at any meeting. The determination whether such testimony,
papers, and other materials shall be presented in open or executive
session shall be made pursuant to the Rules of the Senate and Rules of
the Committee.
11.3 The Staff Director shall ensure that covert action programs of
the U.S. Government receive appropriate consideration by the Committee
no less frequently than once a quarter.
Rule 12. Legislative Calendar
12.1 The Clerk of the Committee shall maintain a printed calendar
for the information of each Committee member showing the measures
introduced and referred to the Committee and the status of such
measures; nominations referred to the Committee and their status; and
such other matters as the Committee determines shall be included. The
Calendar shall be revised from time to time to show pertinent changes. A
copy of each such revision shall be furnished to each member of the
Committee.
12.2 Unless otherwise ordered, measures referred to the Committee
shall be referred by the Clerk of the Committee to the appropriate
department or agency of the Government for reports thereon.
Rule 13. Committee Travel
13.1 No member of the Committee or Committee Staff shall travel
abroad on Committee business unless specifically authorized by the
Chairman and Vice Chairman. Requests for authorization of such travel
shall state the purpose and extent of the trip. A full report shall be
filed with the Committee when travel is completed.
13.2 When the Chairman and the Vice Chairman approve the foreign
travel of a member of the Committee staff not accompanying a member of
the Committee, all members of the Committee are to be advised, prior to
the commencement of such travel, of its extent, nature and purpose. The
report referred to in Rule 13.1 shall be furnished to all members of the
Committee and shall not be otherwise disseminated without the express
authorization of the Committee pursuant to the Rules of the Committee.
13.3 No member of the Committee staff shall travel within this
country on Committee business unless specifically authorized by the
Staff Director as directed by the Committee.
Rule 14. Changes in Rules
These Rules may be modified, amended, or repealed by the Committee,
provided that a notice in writing of the proposed change has been given
to each member at least 48 hours prior to the meeting at which action
thereon is to be taken.
Authority and Rules of Senate Committees
Judiciary
COMMITTEE ON THE JUDICIARY
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(l) Committee on the Judiciary, to which committee shall be referred
all proposed legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
1. Apportionment of Representatives.
2. Bankruptcy, mutiny, espionage, and counterfeiting.
3. Civil liberties.
4. Constitutional amendments.
5. Federal courts and judges.
6. Government information.
7. Holidays and celebrations.
8. Immigration and naturalization.
9. Interstate compacts generally.
10. Judicial proceedings, civil and criminal, generally.
11. Local courts in the territories and possessions.
12. Measures relating to claims against the United States.
13. National penitentiaries.
14. Patent Office.
15. Patents, copyrights, and trademarks.
16. Protection of trade and commerce against unlawful restraints and
monopolies.
17. Revision and codification of the statutes of the United States.
18. State and territorial boundary lines.
Rules of Procedure
141 Cong. Rec. S2276 (daily ed. Feb. 7, 1995)
I. Meetings of the Committee
1. Meetings may be called by the Chairman as he may deem necessary
on three days notice or in the alternative with the consent of the
Ranking Minority Member or pursuant to the provision of the Standing
Rules of the Senate, as amended.
2. Each witness who is to appear before the Committee or any
Subcommittee shall file with the Committee, at least 48 hours in advance
of the hearing, a written statement of his testimony in as many copies
as the Chairman of the Committee or Subcommittee prescribes.
3. On the request of any Member, a nomination or bill on the agenda
of the Committee will be held over until the next meeting of the
Committee or for one week, whichever occurs later.
II. Quorums
1. Ten Members shall constitute a quorum of the Committee when
reporting a bill or nomination; provided that proxies shall not be
counted in making a quorum.
2. For the purpose of taking sworn testimony, a quorum of the
Committee and each Subcommittee thereof, now or hereafter appointed,
shall consist of one Senator.
III. Proxies
When a record vote is taken in the Committee on any bill,
resolution, amendment, or any other question, a quorum being present, a
Member who is unable to attend the meeting may submit his vote by proxy,
in writing or by telephone, or through personal instructions. A proxy
must be specific with respect to the matters it addresses.
IV. Bringing a Matter to a Vote
The Chairman shall entertain a non-debatable motion to bring a
matter before the Committee to a vote. If there is objection to bring
the matter to a vote without further debate, a rollcall vote of the
Committee shall be taken, and debate shall be terminated if the motion
to bring the matter to a vote without further debate passes with ten
votes in the affirmative, one of which must be cast by the minority.
V. Subcommittees
1. Any Member of the Committee may sit with any Subcommittee during
its hearings or any other meeting, but shall not have the authority to
vote on any matter before the Subcommittee unless he is a Member of such
Subcommittee.
2. Subcommittees shall be considered de novo whenever there is a
change in the Subcommittee chairmanship and seniority on the particular
Subcommittee shall not necessarily apply.
3. Except for matters retained at the full Committee, matters shall
be referred to the appropriate Subcommittee or Subcommittees by the
Chairman, except as agreed by a majority vote of the Committee or by the
agreement of the Chairman and the Ranking Minority Member.
VI. Attendance Rules
1. Official attendance at all Committee markups and executive
sessions of the Committee shall be kept by the Committee Clerk. Official
attendance at all Subcommittee markups and executive sessions shall be
kept by the Subcommittee Clerk.
2. Official attendance at all hearings shall be kept, provided that
Senators are notified by the Committee Chairman and ranking Member, in
the case of Committee hearings, and by the Subcommittee Chairman and
ranking Member, in the case of Subcommittee hearings, 48 hours in
advance of the hearing that attendance will be taken; otherwise, no
attendance will be taken. Attendance at all hearings is encouraged.
Authority and Rules of Senate Committees
Labor and Human Resources
COMMITTEE ON LABOR AND HUMAN RESOURCES
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(m)(1) Committee on Labor and Human Resources, to which committee
shall be referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following subjects:
1. Measures relating to education, labor, health, and public
welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by convicts into
interstate commerce.
8. Domestic activities of the American National Red Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and Saint Elizabeths
Hospital.
11. Handicapped individuals.
12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including the welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a comprehensive
basis, matters relating to health, education and training, and public
welfare, and report thereon from time to time.
Rules of Procedure
141 Cong. Rec. S2421 (daily ed. Feb. 9, 1995)
Rule 1.--Subject to the provisions of Rule XXVI, paragraph 5, of the
Standing Rules of the Senate, regular meetings of the committee shall be
held on the second and fourth Wednesday of each month, at 10:00 a.m., in
room SD-430, Dirksen Senate Office Building. The chairman may, upon
proper notice, call such additional meetings as he may deem necessary.
Rule 2.--The chairman of the committee or of a subcommittee, or if
the chairman is not present, the ranking majority member present, shall
preside at all meetings.
Rule 3.--Meetings of the committee or a subcommittee, including
meetings to conduct hearings, shall be open to the public except as
otherwise specifically provided in subsections (b) and (d) of Rule 26.5
of the Standing Rules of the Senate.
Rule 4.--(a) Subject to paragraph (b), one-third of the membership
of the committee, actually present, shall constitute a quorum for the
purpose of transacting business. Any quorum of the committee which is
composed of less than a majority of the members of the committee shall
include at least one member of the majority and one member of the
minority.
(b) A majority of the members of a subcommittee, actually present,
shall constitute a quorum for the purpose of transacting business:
provided, no measure or matter shall be ordered reported unless such
majority shall include at least one member of the minority who is a
member of the subcommittee. If, at any subcommittee meeting, a measure
or matter cannot be ordered reported because of the absence of such a
minority member, the measure or matter shall lay over for a day. If the
presence of a member of the minority is not then obtained, a majority of
the members of the subcommittee, actually present, may order such
measure or matter reported.
(c) No measure or matter shall be ordered reported from the
committee or a subcommittee unless a majority of the committee or
subcommittee is actually present at the time such action is taken.
Rule 5.--With the approval of the chairman of the committee or
subcommittee, one member thereof may conduct public hearings other than
taking sworn testimony.
Rule 6.--Proxy voting shall be allowed on all measures and matters
before the committee or a subcommittee if the absent member has been
informed of the matter on which he is being recorded and has
affirmatively requested that he be so recorded. While proxies may be
voted on a motion to report a measure or matter from the committee, such
a motion shall also require the concurrence of a majority of the members
who are actually present at the time such action is taken.
The committee may poll any matters of committee business as a matter
of unanimous consent; provided that every member is polled and every
poll consists of the following two questions:
(1) Do you agree or disagree to poll the proposal; and
(2) Do you favor or oppose the proposal.
Rule 7.--There shall be prepared and kept a complete transcript or
electronic recording adequate to fully record the proceedings of each
committee or subcommittee meeting or conference whether or not such
meetings or any part thereof is closed pursuant to the specific
provisions of subsections (b) and (d) of rule 26.5 of the Standing Rules
of the Senate, unless a majority of said members vote to forego such a
record. Such records shall contain the vote cast by each member of the
committee or subcommittee on any question on which a ``yea and nay''
vote is demanded, and shall be available for inspection by any committee
member. The clerk of the committee, or the clerk's designee, shall have
the responsibility to make appropriate arrangements to implement this
rule.
Rule 8.--The committee and each subcommittee shall undertake,
consistent with the provisions of rule XXVI, paragraph 4, of the
Standing Rules of the Senate, to issue public announcement of any
hearing it intends to hold at least one week prior to the commencement
of such hearing.
Rule 9.--The committee or a subcommittee shall, so far as
practicable, require all witnesses heard before it to file written
statements of their proposed testimony at least 24 hours before a
hearing, unless the chairman and the ranking minority member determine
that there is good cause for failure to so file, and to limit their oral
presentation to brief summaries of their arguments. The presiding
officer at any hearing is authorized to limit the time of each witness
appearing before the committee or a subcommittee. The committee or a
subcommittee shall, as far as practicable, utilize testimony previously
taken on bills and measures similar to those before it for
consideration.
Rule 10.--Should a subcommittee fail to report back to the full
committee on any measure within a reasonable time, the chairman may
withdraw the measure from such subcommittee and report that fact to the
full committee for further disposition.
Rule 11.--No subcommittee may schedule a meeting or hearing at a
time designated for a hearing or meeting of the full committee. No more
than one subcommittee executive meeting may be held at the same time.
Rule 12.--It shall be the duty of the chairman in accordance with
section 133(c) of the Legislative Reorganization Act of 1946, as
amended, to report or cause to be reported to the Senate, any measure or
recommendation approved by the committee and to take or cause to be
taken, necessary steps to bring the matter to a vote in the Senate.
Rule 13.--Whenever a meeting of the committee or subcommittee is
closed pursuant to the provisions of subsection (b) or (d) of rule 26.5
of the Standing Rules of the Senate, no person other than members of the
committee, members of the staff of the committee, and designated
assistants to members of the committee shall be permitted to attend such
closed session, except by special dispensation of the committee or
subcommittee or the chairman thereof.
Rule 14.--The chairman of the committee or a subcommittee shall be
empowered to adjourn any meeting of the committee or a subcommittee if a
quorum is not present within fifteen minutes of the time scheduled for
such meeting.
Rule 15.--Whenever a bill or joint resolution repealing or amending
any statute or part thereof shall be before the committee or a
subcommittee for final consideration, the clerk shall place before each
member of the committee or subcommittee a print of the statute or the
part or section thereof to be amended or replaced showing by stricken-
through type, the part or parts to be omitted, and in italics, the
matter proposed to be added.
Rule 16.--An appropriate opportunity shall be given the minority to
examine the proposed text of committee reports prior to their filing or
publication. In the event there are supplemental, minority, or
additional views, an appropriate opportunity shall be given the majority
to examine the proposed text prior to filing or publication.
Rule 17.--(a) The committee, or any subcommittee, may issue
subpoenas, or hold hearings to take sworn testimony or hear subpoenaed
witnesses, only if such investigative activity has been authorized by
majority vote of the committee.
(b) For the purpose of holding a hearing to take sworn testimony or
hear subpoenaed witnesses, three members of the committee or
subcommittee shall constitute a quorum: provided, with the concurrence
of the chairman and ranking minority member of the committee or
subcommittee, a single member may hear subpoenaed witnesses or take
sworn testimony.
(c) The committee may, by a majority vote, delegate the authority to
issue subpoenas to the chairman of the committee or a subcommittee, or
to any member designated by such chairman. Prior to the issuance of each
subpoena, the ranking minority member of the committee or subcommittee,
and any other member so requesting, shall be notified regarding the
identity of the person to whom it will be issued and the nature of the
information sought and its relationship to the authorized investigative
activity, except where the chairman of the committee or subcommittee, in
consultation with the ranking minority member, determines that such
notice would unduly impede the investigation. All information obtained
pursuant to such investigative activity shall be made available as
promptly as possible to each member of the committee requesting same, or
to any assistant to a member of the committee designated by such member
in writing, but the use of any such information is subject to
restrictions imposed by the rules of the Senate. Such information, to
the extent that it is relevant to the investigation shall, if requested
by a member, be summarized in writing as soon as practicable. Upon the
request of any member, the chairman of the committee or subcommittee
shall call an executive session to discuss such investigative activity
or the issuance of any subpoena in connection therewith.
(d) Any witness summoned to testify at a hearing, or any witness
giving sworn testimony, may be accompanied by counsel of his own
choosing who shall be permitted, while the witness is testifying, to
advise him of his legal rights.
(e) No confidential testimony taken or confidential material
presented in an executive hearing, or any report of the proceedings of
such an executive hearing, shall be made public, either in whole or in
part or by way of summary, unless authorized by a majority of the
members of the committee or subcommittee.
Rule 18.--Presidential nominees shall submit a statement of their
background and financial interests, including the financial interests of
their spouse and children living in their household, on a form approved
by the committee which shall be sworn to as to its completeness and
accuracy. The committee form shall be in two parts--
(I) information relating to employment, education, and
background of the nominee relating to the position to which the
individual is nominated, and which is to be made public; and,
(II) information relating to financial and other background of
the nominee, to be made public when the committee determines
that such information bears directly on the nominee's
qualifications to hold the position to which the individual is
nominated.
Information relating to background and financial interests (parts I
and II) shall not be required of (a) candidates for appointment and
promotion in the Public Health Service Corps; and (b) nominees for less
than full-time appointments to councils, commissions or boards when the
committee determines that some or all of the information is not relevant
to the nature of the position. Information relating to other background
and financial interests (part II) shall not be required of any nominee
when the committee determines that it is not relevant to the nature of
the position.
Committee action on a nomination, including hearings or meetings to
consider a motion to recommend confirmation, shall not be initiated
until at least five days after the nominee submits the form required by
this rule unless the chairman, with the concurrence of the ranking
minority member, waives this waiting period.
Rule 19.--Subject to statutory requirements imposed on the committee
with respect to procedure, the rules of the committee may be changed,
modified, amended or suspended at any time; provided, not less than a
majority of the entire membership so determine at a regular meeting with
due notice, or at a meeting specifically called for that purpose.
Rule 20.--In addition to the foregoing, the proceedings of the
committee shall be governed by the Standing Rules of the Senate and the
provisions of the Legislative Reorganization Act of 1946, as amended.
* * * * * * *
GUIDELINES OF THE SENATE COMMITTEE ON LABOR AND HUMAN RESOURCES WITH
RESPECT TO HEARINGS, MARKUP SESSIONS, AND RELATED MATTERS
Hearings
Section 133A(a) of the Legislative Reorganization Act requires each
committee of the Senate to publicly announce the date, place, and
subject matter of any hearing at least one week prior to the
commencement of such hearing.
The spirit of this requirement is to assure adequate notice to the
public and other Members of the Senate as to the time and subject matter
of proposed hearings. In the spirit of section 133A(a) and in order to
assure that Members of the committee are themselves fully informed and
involved in the development of hearings:
1. Public notice of the date, place, and subject matter of each
committee or subcommittee hearing should be inserted in the
Congressional Record seven days prior to the commencement of such
hearing.
2. Seven days prior to public notice of each committee or
subcommittee hearing, committee or subcommittee should provide written
notice to each Member of the committee of the time, place, and specific
subject matter of such hearing, accompanied by a list of those witnesses
who have been or are proposed to be invited to appear.
3. The committee and its subcommittee should, to the maximum
feasible extent, enforce the provisions of rule 9 of the committee rules
as it relates to the submission of written statements of witnesses
twenty-four hours in advance of a hearing. When statements are received
in advance of a hearing, the committee or subcommittee (as appropriate)
should distribute copies of such statements to each of its Members.
Executive Sessions for the Purpose of Marking Up Bills
In order to expedite the process of marking up bills and to assist
each Member of the committee so that there may be full and fair
consideration of each bill which the committee or a subcommittee is
marking up the following procedures should be followed:
1. Seven days prior to the proposed date for an executive session
for the purpose of marking up bills the committee or subcommittee (as
appropriate) should provide written notice to each of its Members as to
the time, place, and specific subject matter of such sessions, including
an agenda listing each bill or other matters to be considered and
including:
(a) two copies of each bill, joint resolution, or other legislative
matter (or committee print thereof) to be considered at such executive
session; and
(b) two copies of a summary of the provisions of each bill, joint
resolution, or other legislative matter to be considered at such
executive session; and
2. Three days prior to the scheduled date for an executive session
for the purpose of marking up bills, the committee or subcommittee (as
appropriate) should deliver to each of its Members two copies of a
cordon print or an equivalent explanation of changes of existing law
proposed to be made by each bill, joint resolution, or other legislative
matter to be considered at such executive session.
3. Insofar as practical, prior to the scheduled date for an
executive session for the purpose of marking up bills each Member of the
committee or a subcommittee (as appropriate) should provide to all other
such Members two written copies of any amendment or a description of any
amendment which that Member proposes to offer to each bill, joint
resolution, or other legislative matter to be considered at such
executive session.
4. Insofar as practical, prior to the scheduled date for an
executive session for the purpose of marking up bills, the committee or
a subcommittee (as appropriate) should provide each Member with a copy
of the printed record or a summary of any hearings conducted by the
committee or a subcommittee with respect to each bill, joint resolution,
or other legislative matter to be considered at such executive session.
Committee Reports, Publications, and Related Documents
Rule 16 of the committee rules requires that the minority be given
an opportunity to examine the proposed text of committee reports prior
to their filing and that the majority be given an opportunity to examine
the proposed text of supplemental, minority, or additional views prior
to their filing. The views of all Members of the committee should be
taken fully and fairly into account with respect to all official
documents filed or published by the committee. Thus, consistent with the
spirit of rule 16, the proposed text of each committee report, hearing
record, and other related committee document or publication should be
provided to the Chairman and Ranking Minority Member of the committee
and the Chairman and Ranking Minority Member of the appropriate
subcommittee at least forty-eight hours prior to its filing or
publication.
Authority and Rules of Senate Committees
Rules and Administration
COMMITTEE ON RULES AND ADMINISTRATION
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(n)(1) Committee on Rules and Administration, to which committee
shall be referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following subjects:
1. Administration of the Senate Office Buildings and the Senate
wing of the Capitol, including the assignment of office space.
2. Congressional organization relative to rules and procedures, and
Senate rules and regulations, including floor and gallery rules.
3. Corrupt practices.
4. Credentials and qualifications of Members of the Senate,
contested elections, and acceptance of incompatible offices.
5. Federal elections generally, including the election of the
President, Vice President, and Members of the Congress.
6. Government Printing Office, and the printing and correction of
the Congressional Record, as well as those matters provided for under
rule XI.
7. Meetings of the Congress and attendance of Members.
8. Payment of money out of the contingent fund of the Senate or
creating a charge upon the same (except that any resolution relating to
substantive matter within the jurisdiction of any other standing
committee of the Senate shall be first referred to such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and erection of monuments to
the memory of individuals.
11. Senate Library and statuary, art, and pictures in the Capitol
and Senate Office Buildings.
12. Services to the Senate, including the Senate restaurant.
13. United States Capitol and congressional office buildings, the
Library of Congress, the Smithsonian Institution (and the incorporation
of similar institutions), and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization and operation
of the Congress of the United States and shall recommend
improvements in such organization and operation with a view
toward strengthening the Congress, simplifying its operations,
improving its relationships with other branches of the United
States Government, and enabling it better to meet its
responsibilities under the Constitution of the United States;
and
(B) identify any court proceeding or action which, in the
opinion of the Committee, is of vital interest to the Congress
as a constitutionally established institution of the Federal
Government and call such proceeding or action to the attention
of the Senate.
Rules of Procedure
141 Cong. Rec. S826 (daily ed. Jan. 12, 1995)
Title I--Meetings of the Committee
1. The regular meeting dates of the committee shall be the second
and fourth Wednesdays of each month, at 9:30 a.m., in room SR-301,
Russell Senate Office Building. Additional meetings may be called by the
chairman as he may deem necessary or pursuant to the provisions of
paragraph 3 of rule XXVI of the Standing Rules of the Senate.
2. Meetings of the committee, including meetings to conduct
hearings, shall be open to the public, except that a meeting or series
of meetings by the committee on the same subject for a period of no more
than 14 calendar days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether the matters
enumerated in subparagraphs (A) through (F) would require the meeting to
be closed followed immediately by a recorded vote in open session by a
majority of the members of the committee when it is determined that the
matters to be discussed or the testimony to be taken at such meeting or
meetings--
(A) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(B) will relate solely to matters of the committee staff
personnel or internal staff management or procedure;
(C) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(D) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(E) will disclose information relating to the trade secrets or
financial or commercial information pertaining specifically to a
given person if--
(1) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(2) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person; or
(F) may divulge matters required to be kept confidential under
other provisions of law or Government regulations. (Paragraph
5(b) of rule XXVI of the Standing Rules.)
3. Written notices of committee meetings will normally be sent by
the committee's staff director to all members of the committee at least
3 days in advance. In addition, the committee staff will telephone
reminders of committee meetings to all members of the committee or to
the appropriate staff assistants in their offices.
4. A copy of the committee's intended agenda enumerating separate
items of legislative business and committee business will normally be
sent to all members of the committee by the staff director at least 1
day in advance of all meetings. This does not preclude any member of the
committee from raising appropriate non-agenda topics.
5. Any witness who is to appear before the committee in any hearing
shall file with the clerk of the committee at least 3 business days
before the date of his or her appearance, a written statement of his or
her proposed testimony and an executive summary thereof, in such form as
the chairman may direct, unless the chairman and the ranking minority
member waive such requirement for good cause.
Title II--Quorums
1. Pursuant to paragraph 7(a)(1) of rule XXVI of the Standing Rules,
9 members of the committee shall constitute a quorum for the reporting
of legislative measures.
2. Pursuant to paragraph 7(a)(1) of rule XXVI of the Standing Rules,
6 members shall constitute a quorum for the transaction of business,
including action on amendments to measures prior to voting to report the
measure to the Senate.
3. Pursuant to paragraph 7(a)(2) of rule XXVI of the Standing Rules,
4 members of the committee shall constitute a quorum for the purpose of
taking testimony under oath and 2 members of the committee shall
constitute a quorum for the purpose of taking testimony not under oath;
provided, however, that in either instance, once a quorum is
established, any one member can continue to take such testimony.
4. Under no circumstances may proxies be considered for the
establishment of a quorum.
Title III--Voting
1. Voting in the committee on any issue will normally be by voice
vote.
2. If a third of the members present so demand, a record vote will
be taken on any question by rollcall.
3. The results of rollcall votes taken in any meeting upon any
measure, or any amendment thereto, shall be stated in the committee
report on that measure unless previously announced by the committee, and
such report or announcement shall include a tabulation of the votes cast
in favor of and the votes cast in opposition to each such measure and
amendment by each member of the committee. (Paragraph 7(b) and (c) of
rule XXVI of the Standing Rules.)
4. Proxy voting shall be allowed on all measures and matters before
the committee. However, the vote of the committee to report a measure or
matter shall require the concurrence of a majority of the members of the
committee who are physically present at the time of the vote. Proxies
will be allowed in such cases solely for the purpose of recording a
member's position on the question and then only in those instances when
the absentee committee member has been informed of the question and has
affirmatively requested that he be recorded. (Paragraph 7(a)(3) of rule
XXVI of the Standing Rules.)
Title IV--Delegation of Authority to Committee Chairman
1. The chairman is authorized to sign himself or by delegation all
necessary vouchers and routine papers for which the committee's approval
is required and to decide in the committee's behalf all routine
business.
2. The chairman is authorized to engage commercial reporters for the
preparation of transcripts of committee meetings and hearings.
3. The chairman is authorized to issue, in behalf of the committee,
regulations normally promulgated by the committee at the beginning of
each session.
Title V--Delegation of Authority to Committee Chairman and Ranking
Minority Member
The chairman and ranking minority member, acting jointly, are
authorized to approve on behalf of the committee any rule or regulation
for which the committee's approval is required, provided advance notice
of their intention to do so is given to members of the committee.
Authority and Rules of Senate Committees
Small Business
COMMITTEE ON SMALL BUSINESS
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(o)(1) committee on Small Business, to which committee shall be
referred all proposed legislation, messages, petitions, memorials, and
other matters relating to the Small Business Administration.
(2) Any proposed legislation reported by such committee which
relates to matters other than the functions of the Small Business
Administration shall, at the request of the chairman of any standing
committee having jurisdiction over the subject matter extraneous to the
functions of the Small Business Administration, be considered and
reported by such standing committee prior to its consideration by the
Senate; and likewise measures reported by other committees directly
relating to the Small Business Administration shall, at the request of
the chairman of the Committee on Small Business, be referred to the
Committee on Small Business for its consideration of any portions of the
measure dealing with the Small Business Administration, and be reported
by this committee prior to its consideration by the Senate.
(3) Such committee shall also study and survey by means of research
and investigation all problems of American small business enterprises,
and report thereon from time to time.
Rules of Procedure
141 Cong. Rec. S2668 (daily ed. Feb. 14, 1995)
1. General
All applicable provisions of the Standing Rules of the Senate and of
the Legislative Reorganization Act of 1946, as amended, shall govern the
Committee.
2. Meetings and Quorums
(a) The regular meeting day of the Committee shall be the first
Wednesday of each month unless otherwise directed by the Chairman. All
other meetings may be called by the Chairman as he deems necessary, on 3
days' notice where practicable. If at least three Members of the
Committee desire the Chairman to call a special meeting, they may file
in the office of the Committee a written request therefor, addressed to
the Chairman. Immediately thereafter, the Clerk of the Committee shall
notify the Chairman of such request. If, within 3 calendar days after
the filing of such request, the Chairman fails to call the requested
special meeting, which is to be held within 7 calendar days after the
filing of such request, a majority of the Committee Members may file in
the Office of the Committee their written notice that a special
Committee meeting will be held, specifying the date, hour and place
thereof, and the Committee shall meet at that time and place.
Immediately upon the filing of such notice, the Clerk of the Committee
shall notify all Committee Members that such special meeting will be
held and inform them of its date, hour and place. If the Chairman is not
present at any regular, additional or special meeting, the Ranking
Majority Member present shall preside.
(b)(1) A majority of the Members of the Committee shall constitute a
quorum for reporting any legislative measure or nomination.
(2) One-third of the Members of the Committee shall constitute a
quorum for the transaction of routine business, provided that a minority
Member is present. The term ``routine business'' includes, but is not
limited to, the consideration of legislation pending before the
Committee and any amendments thereto, and voting on such amendments. 132
Cong. Rec. S3231 (daily ed. March 21, 1986).
(3) In hearings, whether in public or closed session, a quorum for
the taking of testimony, including sworn testimony, shall consist of one
Member of the Committee.
(c) Proxies will be permitted in voting upon the business of the
Committee by Members who are unable to be present. To be valid, proxies
must be signed and assign the right to vote to one of the Members who
will be present. Proxies shall in no case be counted for establishing a
quorum.
3. Hearings
(a)(1) The Chairman of the Committee may initiate a hearing of the
Committee on his authority or upon his approval of a request by any
Member of the Committee. Written notice of all hearings shall be given,
as far in advance as practicable, to Members of the Committee.
(2) Hearings of the Committee shall not be scheduled outside the
District of Columbia unless specifically authorized by the Chairman and
the Ranking Minority Member or by consent of a majority of the
Committee. Such consent may be given informally, without a meeting.
(b)(1) Any Member of the Committee shall be empowered to administer
the oath to any witness testifying as to fact if a quorum be present as
specified in Rule 2(b).
(2) Interrogation of witnesses at hearings shall be conducted on
behalf of the Committee by Members of the Committee or such Committee
staff as is authorized by the Chairman or Ranking Minority Member.
(3) Witnesses appearing before the Committee shall file with the
Clerk of the Committee a written statement of the prepared testimony at
least 48 hours in advance of the hearing at which the witness is to
appear unless this requirement is waived by the Chairman and the Ranking
Minority Member.
(c) Witnesses may be subpoenaed by the Chairman with the agreement
of the Ranking Minority Member or by consent of a majority of the
Members of the Committee. Such consent may be given informally, without
a meeting. Subpoenas shall be issued by the Chairman or by any Member of
the Committee designated by him. A subpoena for the attendance of a
witness shall state briefly the purpose of the hearing and the matter or
matters to which the witness is expected to testify. A subpoena for the
production of memoranda, documents and records shall identify the papers
required to be produced with as much particularity as is practicable.
(d) Any witness summoned to a public or closed hearing may be
accompanied by counsel of his own choosing, who shall be permitted while
the witness is testifying to advise him of his legal rights.
(e) No confidential testimony taken, or confidential material
presented to the Committee, or any report of the proceedings of a closed
hearing, or confidential testimony or material submitted voluntarily or
pursuant to a subpoena, shall be made public, either in whole or in part
or by way of summary, unless authorized by a majority of the Members of
the Committee.
4. Subcommittees
The Committee shall have no standing Subcommittees.
5. Amendment of Rules
The foregoing rules may be added to, modified or amended: provided,
however, that not less than a majority of the entire Membership so
determine at a regular meeting with due notice, or at a meeting
specifically called for that purpose.
Authority and Rules of Senate Committees
Veterans' Affairs
COMMITTEE ON VETERANS' AFFAIRS
Jurisdiction
Rule XXV, Standing Rules of the Senate
1. The following standing committees shall be appointed at the
commencement of each Congress, and shall continue and have the power to
act until their successors are appointed, with leave to report by bill
or otherwise on matters within their respective jurisdictions:
* * * * * * *
(p) Committee on Veterans' Affairs, to which committee shall be
referred all proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Compensation of veterans.
2. Life insurance issued by the Government on account of service in
the Armed Forces.
3. National cemeteries.
4. Pensions of all wars of the United States, general and special.
5. Readjustment of servicemen to civil life.
6. Soldiers' and sailors' civil relief.
7. Veterans' hospitals, medical care and treatment of veterans.
8. Veterans' measures generally.
9. Vocational rehabilitation and education of veterans.
Rules of Procedure
141 Cong. Rec. S2530 (daily ed. Feb. 10, 1995)
I. Meetings
(a) Unless otherwise ordered, the Committee shall meet on the first
Wednesday of each month. The Chairman may, upon proper notice, call such
additional meetings as he deems necessary.
(b) Except as provided in subparagraphs (b) and (d) of paragraph 5
of rule XXVI of the Standing Rules of the Senate, meetings of the
Committee or a Subcommittee shall be open to the public.
(c) The Chairman of the Committee or of a Subcommittee, or the Vice
Chairman in the absence of the Chairman, or the Ranking Majority Member
present in the absence of the Vice Chairman, shall preside at all
meetings.
(d) No meeting of the Committee or any Subcommittee shall be
scheduled except by majority vote of the Committee or by authorization
of the Chairman of the Committee.
(e) The Committee shall notify the office designated by the
Committee on Rules and Administration of the time, place, and purpose of
each meeting. In the event such meeting is canceled, the Committee shall
immediately notify such designated office.
(f) Written notice of a Committee meeting, accompanied by an agenda
enumerating the items of business to be considered, shall be sent to all
Committee members at least 72 hours (not counting Saturdays, Sundays,
and Federal holidays) in advance of each meeting. In the event that the
giving of such 72-hour notice is prevented by unforeseen requirements or
Committee business, the Committee staff shall communicate notice by the
quickest appropriate means to members or appropriate staff assistants of
Members and an agenda shall be furnished prior to the meeting.
(g) Subject to the second sentence of this paragraph, it shall not
be in order for the Committee to consider any amendment in the first
degree proposed to any measure under consideration by the Committee
unless a written copy of such amendment has been delivered to each
member of the Committee at least 24 hours before the meeting at which
the amendment is to be proposed. This paragraph may be waived by a
majority vote of the members and shall apply only when 72-hour written
notice has been provided in accordance with paragraph (f).
II. Quorums
(a) Subject to the provisions of paragraph (b), seven members of the
Committee and four members of a Subcommittee shall constitute a quorum
for the reporting or approving of any measure or matter or
recommendation. Four members of the Committee or Subcommittee shall
constitute a quorum for purposes of transacting any other business.
(b) In order to transact any business at a Committee or Subcommittee
meeting, at least one member of the minority shall be present. If, at
any meeting, business cannot be transacted because of the absence of
such a member, the matter shall lay over for a calendar day. If the
presence of a minority member is not then obtained, business may be
transacted by the appropriate quorum.
(c) One member shall constitute a quorum for the purpose of
receiving testimony.
III. Voting
(a) Votes may be cast by proxy. A proxy may be written or oral, and
may be conditioned by personal instructions. A proxy shall be valid only
for the day given except that a written proxy may be valid for the
period specified therein.
(b) There shall be a complete record kept of all Committee action.
Such record shall contain the vote cast by each member of the Committee
on any question on which a rollcall vote is requested.
IV. Subcommittees
(a) No member of the Committee may serve on more than two
Subcommittees. No member of the Committee shall receive assignment to a
second Subcommittee until all members of the Committee, in order of
seniority, have chosen assignments to one Subcommittee.
(b) The Committee Chairman and the Ranking Minority Member shall be
ex officio nonvoting members of each Subcommittee of the Committee.
(c) Subcommittees shall be considered de novo whenever there is a
change in Committee Chairmanship and, in such event, Subcommittee
seniority shall not necessarily apply.
(d) Should a Subcommittee fail to report back to the Committee on
any measure within a reasonable time, the Chairman may withdraw the
measure from such Subcommittee and so notify the Committee for its
disposition.
V. Hearings and Hearing Procedures
(a) Except as specifically otherwise provided, the rules governing
meetings shall govern hearings.
(b) At least 1 week in advance of the date of any hearing, the
Committee or a Subcommittee shall undertake, consistent with the
provisions of paragraph 4 of rule XXVI of the Standing Rules of the
Senate, to make public announcements of the date, place, time, and
subject matter of such hearing.
(c) The Committee or a Subcommittee shall require each witness who
is scheduled to testify at any hearing to file 40 copies of such
witness' testimony with the Committee not later than 48 hours prior to
the witness' scheduled appearance unless the Chairman and Ranking
Minority Member determine there is good cause for failure to do so.
(d) The presiding officer at any hearing is authorized to limit the
time allotted to each witness appearing before the Committee or
Subcommittee.
(e) The Chairman, with the concurrence of the Ranking Minority
Member of the Committee, is authorized to subpoena the attendance of
witnesses and the production of memoranda, documents, records, and any
other materials. If the Chairman or a Committee staff member designated
by the Chairman has not received from the Ranking Minority Member or a
Committee staff member designated by the Ranking Minority Member notice
of the Ranking Minority Member's nonconcurrence in the subpoena within
48 hours (excluding Saturdays, Sundays, and Federal holidays) of being
notified of the Chairman's intention to subpoena attendance or
production, the Chairman is authorized following the end of the 48-hour
period involved to subpoena the same without the Ranking Minority
Member's concurrence. Regardless of whether a subpoena has been
concurred in by the Ranking Minority Member, such subpoena may be
authorized by vote of the Members of the Committee. When the Committee
or Chairman authorizes a subpoena, the subpoena may be issued upon the
signature of the Chairman or of any other member of the Committee
designated by the Chairman.
(f) Witnesses at hearings will be required to give testimony under
oath whenever the Chairman or Ranking Minority Member deems such to be
advisable. At any hearing to confirm a Presidential nomination, the
testimony of the nominee and, at the request of any Member, any other
witness shall be under oath.
VI. Media Coverage
Any Committee or Subcommittee meeting or hearing which is open to
the public may be covered by television, radio, and print media.
Photographers, reporters, and crew members using mechanical recording,
filming or broadcasting devices shall position and use their equipment
so as not to interfere with the seating, vision, or hearing of the
Committee members or staff or with the orderly conduct of the meeting or
hearing. The presiding member of the meeting or hearing may for good
cause terminate, in whole or in part, the use of such mechanical devices
or take such other action as the circumstances and the orderly conduct
of the meeting or hearing may warrant.
VII. General
All applicable requirements of the Standing Rules of the Senate
shall govern the Committee and its Subcommittees.
VIII. Presidential Nominations
Each Presidential nominee whose nomination is subject to Senate
confirmation and referred to this Committee shall submit a statement of
his or her background and financial interests, including the financial
interests of his or her spouse and of children living in the nominee's
household, on a form approved by the Committee which shall be sworn to
as to its completeness and accuracy. The Committee form shall be in two
parts--
(A) information concerning employment, education, and
background of the nominee which generally relates to the
position to which the individual is nominated, and which is to
be made public; and
(B) information concerning the financial and other background
of the nominee, to be made public when the Committee determines
that such information bears directly on the nominee's
qualifications to hold the position to which the individual is
nominated.
Committee action on a nomination, including hearings or a meeting to
consider a motion to recommend confirmation, shall not be initiated
until at least five days after the nominee submits the form required by
this rule unless the Chairman, with the concurrence of the Ranking
Minority Member, waives this waiting period.
IX. Naming of Department of Veterans Affairs Facilities
It is the policy of the Committee that no Department of Veterans
Affairs facility shall be named after any individual unless--
(A) such individual is deceased and was--
(1) a veteran who (i) was instrumental in the
construction or the operation of the facility to be
named, or (ii) was a recipient of the Medal of Honor or,
as determined by the Chairman and Ranking Minority
Member, otherwise performed military service of an
extraordinarily distinguished character;
(2) a member of the United States House of
Representatives or Senate who had a direct association
with such facility;
(3) an Administrator of Veterans' Affairs, a Secretary
of Veterans Affairs, a Secretary of Defense or of a
service branch, or a military or other Federal civilian
official of comparable or higher rank; or
(4) an individual who, as determined by the Chairman
and Ranking Minority Member, performed outstanding
service for veterans;
(B) each member of the Congressional delegation representing
the State in which the designated facility is located has
indicated in writing such member's support of the proposal to
name such facility after such individual; and
(C) the pertinent State department or chapter of each
Congressionally chartered veterans' organization having a
national membership of at least 500,000 has indicated in writing
its support of such proposal.
X. Amendments to the Rules
The rules of the Committee may be changed, modified, amended, or
suspended at any time, provided, however, that no less than a majority
of the entire membership so determine at a regular meeting with due
notice, or at a meeting specifically called for that purpose. The rules
governing quorums for reporting legislative matters shall govern rules
changes, modification, amendments, or suspension.
Authority and Rules of Senate Committees
Omnibus Funding Resolution
SENATE RESOLUTION 73, 104th CONGRESS
Resolved, That this resolution may be cited as the ``Omnibus
Committee Funding Resolution for 1995 and 1996.''
AGGREGATE AUTHORIZATION
Sec. 2. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, and under the appropriate authorizing
resolutions of the Senate, there is authorized for the period March 1,
1995, through September 30, 1996, in the aggregate of $49,394,804 and
for the period March 1, 1996, through February 28, 1997, in the
aggregate of $50,521,131 in accordance with the provisions of this
resolution, for all Standing Committees of the Senate, for the Committee
on Indian Affairs, the Special Committee on Aging, and the Select
Committee on Intelligence.
(b) Each committee referred to in subsection (a) shall report its
findings, together with such recommendations for legislation as it deems
advisable, to the Senate at the earliest practicable date, but not later
than February 29, 1996, and February 28, 1997, respectively.
(c) Any expenses of a committee under this resolution shall be paid
from the contingent fund of the Senate upon vouchers approved by the
chairman of the committee, except that vouchers shall not be required--
(1) for the disbursement of salaries of employees of the
committee who are paid at an annual rate;
(2) for the payment of telecommunications expenses provided by
the Office of the Sergeant at Arms and Doorkeeper, United States
Senate, Department of Telecommunications;
(3) for the payment of stationery supplies purchased through
the Keeper of Stationery, United States Senate;
(4) for payments to the Postmaster, United States Senate;
(5) for the payment of metered charges on copying equipment
provided by the Office of the Sergeant at Arms and Doorkeeper,
United States Senate; or
(6) for the payment of Senate Recording and Photographic
Services.
(d) There are authorized such sums as may be necessary for agency
contributions related to the compensation of employees of the committees
from March 1, 1995, through September 30, 1996, and March 1, 1996,
through February 28, 1997, to be paid from the appropriations account
for ``Expenses of Inquiries and Investigations'' of the Senate.
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
Sec. 3. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Agriculture, Nutrition, and Forestry is authorized from March 1, 1995,
through February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$1,708,179, of which amount--
(1) not to exceed $4,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $4,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed $1,746,459
of which amount--
(1) not to exceed $4,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $4,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON APPROPRIATIONS
Sec. 4. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraph 1 of rule
XXVI of the Standing Rules of the Senate, the Committee on
Appropriations is authorized from March 1, 1995, through February 28,
1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$4,823,586, of which amount--
(1) not to exceed $175,000, may be expended for the
procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended); and
(2) not to exceed $5,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$4,931,401, of which amount--
(1) not to exceed $175,000, may be expended for the
procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended); and
(2) not to exceed $5,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON ARMED SERVICES
Sec. 5. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on Armed
Services is authorized from March 1, 1995, through February 28, 1997, in
its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,641,704.
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$2,702,669.
COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
Sec. 6. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Banking, Housing, and Urban Affairs is authorized from March 1, 1995,
through February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,778,802, of which amount--
(1) not to exceed $150,000, may be expended for the
procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended); and
(2) not to exceed $850, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$2,851,936, of which amount--
(1) not to exceed $850, may be expended for the procurement of
the services of individual consultants, or organizations thereof
(as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $850, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON THE BUDGET
Sec. 7. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraph 1 of rule
XXVI of the Standing Rules of the Senate, the Committee on the Budget is
authorized from March 1, 1995, through February 28, 1997, in its
discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$3,032,295, of which amount--
(1) not to exceed $20,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $2,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$3,103,181, of which amount--
(1) not to exceed $20,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $2,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
Sec. 8. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Commerce, Science, and Transportation is authorized from March 1, 1995,
through February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$3,369,312, of which amount--
(1) not to exceed $14,572, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $15,600, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$3,445,845, of which amount--
(1) not to exceed $14,572, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $15,600, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON ENERGY AND NATURAL RESOURCES
Sec. 9. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Energy and Natural Resources is authorized from March 1, 1995, through
February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,579,566.
(c) For the period of March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$2,636,292.
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
Sec. 10. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Environment and Public Works is authorized from March 1, 1995, through
February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,376,346, of which amount--
(1) not to exceed $8,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $2,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$2,430,379, of which amount--
(1) not to exceed $8,000, be expended for the procurement of
the services of individual consultants, or organizations thereof
(as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $2,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON FINANCE
Sec. 11. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Finance is authorized from March 1, 1995, through February 28, 1997, in
its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,960,173, of which amount--
(1) not to exceed $30,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $10,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$3,026,449, of which amount--
(1) not to exceed $30,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $10,000, may be expended for the training of
the professional staff of such committee (underprocedures
specified by section 202(j) of such Act).
COMMITTEE ON FOREIGN RELATIONS
Sec. 12. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Foreign Relations is authorized from March 1, 1995, through February 28,
1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,647,720 of which amount--
(1) not to exceed $45,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $1,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$2,708,841, of which amount--
(1) not to exceed $45,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $1,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON GOVERNMENTAL AFFAIRS
Sec. 13. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Governmental Affairs is authorized from March 1, 1995, through February
28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable[,] or nonreimbursable, basis the
services of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$4,429,312, of which amount--
(1) not to exceed $75,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $2,470, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$4,530,725, of which amount--
(1) not to exceed $75,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $2,470, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(d)(1) The committee, or any duly authorized subcommittee thereof,
is authorized to study or investigate--
(A) the efficiency and economy of operations of all branches
of the Government including the possible existence of fraud,
misfeasance, malfeasance, collusion, mismanagement,
incompetence, corruption, or unethical practices, waste,
extravagance, conflicts of interest, and the improper
expenditure of Government funds in transactions, contracts, and
activities of the Government or of Government officials and
employees and any and all such improper practices between
Government personnel and corporations, individuals, companies,
or persons affiliated therewith, doing business with the
Government; and the compliance or noncompliance of such
corporations, companies, or individuals or other entities with
the rules, regulations, and laws governing the various
governmental agencies and its relationships with the public;
(B) the extent to which criminal or other improper practices
or activities are, or have been, engaged in the field of labor-
management relations or in groups or organizations of employees
or employers, to the detriment of interests of the public,
employers, or employees, and to determine whether any changes
are required in the laws of the United States in order to
protect such interests against the occurrence of such practices
or activities;
(C) organized criminal activities which may operate in or
otherwise utilize the facilities of interstate or international
commerce in furtherance of any transactions and the manner and
extent to which, and the identity of the persons, firms, or
corporations, or other entities by whom such utilization is
being made, and further, to study and investigate the manner in
which and the extent to which persons engaged in organized
criminal activity have infiltrated lawful business enterprise,
and to study the adequacy of Federal laws to prevent the
operations of organized crime in interstate or international
commerce; and to determine whether any changes are required in
the laws of the United States in order to protect the public
against such practices or activities;
(D) all other aspects of crime and lawlessness within the
United States which have an impact upon or affect the national
health, welfare, and safety; including but not limited to
investment fraud schemes, commodity and security fraud, computer
fraud, and the use of offshore banking and corporate facilities
to carry out criminal objectives;
(E) the efficiency and economy of operations of all branches
and functions of the Government with particular reference to--
(i) the effectiveness of present national security
methods, staffing, and processes as tested against the
requirements imposed by the rapidly mounting complexity
of national security problems;
(ii) the capacity of present national security
staffing, methods, and processes to make full use of the
Nation's resources of knowledge and talents;
(iii) the adequacy of present intergovernmental
relations between the United States and international
organizations principally concerned with national
security of which the United States is a member; and
(iv) legislative and other proposals to improve these
methods, processes, and relationships;
(F) the efficiency, economy, and effectiveness of all agencies
and departments of the Government involved in the control and
management of energy shortages including, but not limited to,
their performance with respect to--
(i) the collection and dissemination of accurate
statistics on fuel demand and supply;
(ii) the implementation of effective energy
conservation measures;
(iii) the pricing of energy in all forms;
(iv) coordination of energy programs with State and
local government;
(v) control of exports of scarce fuels;
(vi) the management of tax, import, pricing, and other
policies affecting energy supplies;
(vii) maintenance of the independent sector of the
petroleum industry as a strong competitive force;
(viii) the allocation of fuels in short supply by
public and private entities;
(ix) the management of energy supplies owned or
controlled by the Government;
(x) relations with other oil producing and consuming
countries;
(xi) the monitoring of compliance by governments,
corporations, or individuals with the laws and
regulations governing the allocation, conservation, or
pricing of energy supplies; and
(xii) research into the discovery and development of
alternative energy supplies; and
(G) the efficiency and economy of all branches and functions
of Government with particular references to the operations and
management of Federal regulatory policies and programs:
Provided, that, in carrying out the duties herein set forth, the
inquiries of this committee or any subcommittee thereof shall
not be deemed limited to the records, functions, and operations
of any particular branch of the Government; but may extend to
the records and activities of any persons, corporation, or other
entity.
(2) Nothing contained in this section shall affect or impair the
exercise of any other standing committee of the Senate of any power, or
the discharge by such committee of any duty, conferred or imposed upon
it by the Standing Rules of the Senate or by the Legislative
Reorganization Act of 1946, as amended.
(3) For the purposes of this section, the committee, or any duly
authorized subcommittee thereof, or its chairman, or any other Member of
the committee or subcommittee designated by the chairman, from March 1,
1995, through February 28, 1997, is authorized, in its, his, or their
discretion--
(A) to require by subpoena or otherwise the attendance of
witnesses and production of correspondence, books, papers, and
documents;
(B) to hold hearings;
(C) to sit and act at any time or place during the sessions,
recess, and adjournment periods of the Senate;
(D) to administer oaths; and
(E) to take testimony, either orally or by sworn statement,
or, in the case of staff members of the Committee and the
Permanent Subcommittee on Investigations, by deposition in
accordance with the Committee Rules of Procedure.
(4) All subpoenas and related legal processes of the committee and
its subcommittee authorized under S. Res. 71 of the One Hundred Third
Congress, second session, are authorized to continue.
COMMITTEE ON THE JUDICIARY
Sec. 14. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on the
Judiciary is authorized from March 1, 1995, through February 28, 1997,
in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$4,260,450, of which amount--
(1) not to exceed $40,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $1,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$4,359,828, of which amount--
(1) not to exceed $40,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $1,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON LABOR AND HUMAN RESOURCES
Sec. 15. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on Labor
and Human Resources is authorized from March 1, 1995, through February
28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$4,018,406, of which amount not to exceed $22,500, may be expended for
the procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$4,111,256, of which amount not to exceed $22,500, may be expended for
the procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended).
COMMITTEE ON RULES AND ADMINISTRATION
Sec. 16. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on Rules
and Administration is authorized from March 1, 1995, through February
28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$1,309,439, of which amount--
(1) not to exceed $50,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $3,500, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$1,340,234, of which amount--
(1) not to exceed $50,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $3,500, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON SMALL BUSINESS
Sec. 17. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on Small
Business is authorized from March 1, 1995, through February 28, 1997, in
its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$1,059,861, of which amount--
(1) not to exceed $10,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $5,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$1,083,793, of which amount--
(1) not to exceed $10,000, may be expended for the procurement
of the services of individual consultants, or organizations
thereof (as authorized by section 202(i) of the Legislative
Reorganization Act of 1946, as amended); and
(2) not to exceed $5,000, may be expended for the training of
the professional staff of such committee (under procedures
specified by section 202(j) of such Act).
COMMITTEE ON VETERANS' AFFAIRS
Sec. 18. (a) In carrying out its powers, duties, and functions under
the Standing Rules of the Senate, in accordance with its jurisdiction
under rule XXV of such rules, including holding hearings, reporting such
hearings, and making investigations as authorized by paragraphs 1 and 8
of rule XXVI of the Standing Rules of the Senate, the Committee on
Veterans' Affairs is authorized from March 1, 1995, through February 28,
1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$1,097,451, of which amount not to exceed $3,000, may be expended for
the training of the professional staff of such committee (under
procedures specified by section 202(j) of the Legislative Reorganization
Act of 1946, as amended).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$1,122,714, of which amount not to exceed $3,000, may be expended for
the training of the professional staff of such committee (under
procedures specified by section 202(j) of the Legislative Reorganization
Act of 1946, as amended).
SPECIAL COMMITTEE ON AGING
Sec. 19. (a) In carrying out the duties and functions imposed by
section 104 of S. Res. 4, agreed to February 4, 1977 (95th Congress),
and in exercising the authority conferred on it by such section, the
Special Committee on Aging is authorized from March 1, 1995, through
February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$1,108,255.
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$1,132,974.
SELECT COMMITTEE ON INTELLIGENCE
Sec. 20. (a) In carrying out its powers, duties, and functions under
S. Res. 400, agreed to May 19, 1976 (94th Congress), in accordance with
its jurisdiction under section 3(a) of such resolution, including
holding hearings, reporting such hearings, and making investigations as
authorized by section 5 of such resolution, the Select Committee on
Intelligence is authorized from March 1, 1995, through February 28,
1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$2,064,860, of which amount not to exceed $30,000, may be expended for
the procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended).
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$2,113,120, of which amount not to exceed $30,000, may be expended for
the procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of the
Legislative Reorganization Act of 1946, as amended).
COMMITTEE ON INDIAN AFFAIRS
Sec. 21. (a) In carrying out the duties and functions imposed by
section 105 of S. Res. 4, agreed to February 4, 1977 (95th Congress),
and in exercising the authority conferred on it by such section, the
Committee on Indian Affairs is authorized from March 1, 1995, through
February 28, 1997, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
to use on a reimbursable, or nonreimbursable, basis the services
of personnel of any such department or agency.
(b) The expenses of the committee for the period March 1, 1995,
through September 30, 1996, under this section shall not exceed
$1,119,088.
(c) For the period March 1, 1996, through February 28, 1997,
expenses of the committee under this section shall not exceed
$1,143,036.
SPECIAL RESERVES
Sec. 22. (a) Of the funds authorized for the Senate committees
listed in sections 3 through 21 by Senate Resolution 71, agreed to
February 25, 1993, as amended (103d Congress), for the funding period
ending on the last day of February 1995, any unexpended balances
remaining shall be transferred to a special reserve which shall, on the
basis of a special need and at the request of a Chairman and Ranking
Member of any such committee, and with the approval of the Chairman and
Ranking Member of the Committee on Rules and Administration, be
available to any committee for the purposes provided in subsection (b).
During March 1995, obligations incurred but not paid through February
28, 1995, shall be paid from the unexpended balances before transfer to
the special reserves and any obligations so paid shall be deducted from
the unexpended balances transferred to the special reserves.
(b) The reserves established in subsection (a) shall be available
for the period commencing March 1, 1995, and ending with the close of
September 30, 1995, for the purpose of (1) meeting any unpaid
obligations incurred during the funding period ending on the last day of
February 1995, and which were not deducted from the unexpended balances
under subsections (a), and (2) meeting expenses incurred after such last
day and prior to the close of September 30, 1995.
(c) It is the sense of the Senate that space assigned to the
respective committees of the Senate covered by this resolution shall be
reduced commensurate with the reductions in authorized staff funded
herein. The Committee on Rules and Administration is expected to recover
such space for the purpose of equalizing Senators offices to the extent
possible, taking into consideration the population of the respective
states according to the existing procedures and to consolidate the space
for Senate committees in order to reduce the cost of support equipment,
office furniture, and office accessories.
________________________________________________________________________
II. Authority and Rules of Joint Committees
________________________________________________________________________
Authority and Rules of Senate Committees
Joint Economic Committee
JOINT ECONOMIC COMMITTEE
Membership and Authority
Title 15, United States Code--Commerce and Trade
Sec. 1024. Joint Economic Committee
(a) Composition
There is established a Joint Economic Committee, to be composed of
ten Members of the Senate, to be appointed by the President of the
Senate, and ten Members of the House of Representatives, to be appointed
by the Speaker of the House of Representatives. In each case, the
majority party shall be represented by six Members and the minority
party shall be represented by four Members.
(b) Functions
It shall be the function of the joint committee--
(1) to make a continuing study of matters relating to the
Economic Report;
(2) to study means of coordinating programs in order to
further the policy of this chapter; and
(3) as a guide to the several committees of the Congress
dealing with legislation relating to the Economic Report, not
later than March 1 of each year (beginning with the year 1947)
to file a report with the Senate and the House of
Representatives containing its findings and recommendations with
respect to each of the main recommendations made by the
President in the Economic Report, and from time to time to make
such other reports and recommendations to the Senate and House
of Representatives as it deems advisable.
(c) Vacancies; selection of chairman and vice chairman
Vacancies in the Membership of the joint committee shall not affect
the power of the remaining Members to execute the functions of the joint
committee, and shall be filled in the same manner as in the case of the
original selection. The joint committee shall select a chairman and a
vice chairman from among its Members.
(d) Hearings; employment and compensation of personnel; cost of
stenographic services; utilization of Governmental
services and private research agencies
The joint committee, or any duly authorized subcommittee thereof, is
authorized to hold such hearings as it deems advisable, and, within the
limitations of its appropriations, the joint committee is empowered to
appoint and fix the compensation of such experts, consultants,
technicians, and clerical and stenographic assistants, to procure such
printing and binding, and to make such expenditures, as it deems
necessary and advisable. The cost of stenographic services to report
hearings of the joint committee, or any subcommittee thereof, shall not
exceed 25 cents per hundred words. The joint committee is authorized to
utilize the services, information, and facilities of the departments and
establishments of the Government, and also of private research agencies.
(e) Appropriations
To enable the joint committee to exercise its powers, functions, and
duties under this chapter, there are authorized to be appropriated for
each fiscal year such sums as may be necessary, to be disbursed by the
Secretary of the Senate on vouchers signed by the chairman or vice
chairman, except that vouchers shall not be required for the
disbursement of salaries of employees paid at an annual rate. * * *
(Feb. 20, 1946, ch. 33, Sec. 11, formerly Sec. 5, 60 Stat. 25; Aug. 2,
1946, ch. 753, title II, Sec. 225, 60 Stat. 838; Feb. 2, 1948, ch. 42,
62 Stat. 16; Oct. 6, 1949, ch. 627, Sec. Sec. 1, 2, 63 Stat. 721; June
18, 1956, ch. 399, Sec. 2, 70 Stat. 290; Feb. 17, 1959, Pub. L. 86-1,
73 Stat. 3; Oct. 13, 1964, Pub. L. 88-661, 78 Stat. 1093; Jan. 25, 1967,
Pub. L. 90-2, 81 Stat. 4; Dec. 27, 1974, Pub. L. 93-554, title I, ch.
III, Sec. 101, 88 Stat. 1776; renumbered Oct. 27, 1978, Pub. L. 95-523,
Sec. 104, 92 Stat. 1893.)
Rules of Procedure
As amended; originally approved December 6, 1955
Rule 1. The rules of the Senate and House, insofar as they are
applicable, shall govern the committee and its subcommittees. The rules
of the committee, insofar as they are applicable, shall be the rules of
any subcommittee of the committee.
Rule 2. The meetings of the committee shall be held at such times
and in such places as the chairman may designate, or at such times as a
quorum of the committee may request in writing, with adequate advance
notice provided to all members of the committee. Subcommittee meetings
shall not be held when the full committee is meeting. Where these rules
require a vote of the members of the committee, polling of members
either in writing or by telephone shall not be permitted to substitute
for a vote taken at a committee meeting, unless the ranking minority
member assents to waiver of this requirement.
Rule 3. Ten members of the committee shall constitute a quorum. A
majority of the members of a subcommittee shall constitute a quorum of
such subcommittee.
Rule 4. Written or telegraphic proxies of committee members will be
received and recorded on any vote taken by the committee, except at the
organization meeting at the beginning of each Congress, or for the
purpose of creating a quorum.
Rule 5. The chairman may name standing or special subcommittees. Any
member of the committee shall have the privilege of sitting with any
subcommittee during its hearings or deliberations, and may participate
in such hearings or deliberations, but no such member who is not a
member of the subcommittee shall vote on any matter before such
subcommittee.
Rule 6. The chairmanship and vice chairmanship of the committee
shall alternate between the House and the Senate by Congresses. The
senior member of the minority party in the House of Congress opposite to
that of the chairman shall be the ranking minority member of the
committee. In the event the House and Senate are under different party
control, the chairman and vice chairman shall represent the majority
party in their respective Houses.
Rule 7. Questions as to the order of business and the procedure of
the committee shall in the first instance be decided by the chairman,
subject always to an appeal to the committee.
Rule 8. All hearings conducted by the committee or its subcommittees
shall be open to the public except where the committee or subcommittee,
as the case may be, by a majority vote orders an executive session.
Whenever possible, all public hearings shall include some sessions held
on the Senate side and some on the House side. House and Senate members
shall alternate in order of seating and interrogation.
Rule 9. So far as practicable all witnesses appearing before the
committee shall file advance written statements of their proposed
testimony, and their oral testimony shall be limited to brief summaries.
Brief insertions of additional germane material will be received for the
record, subject to the approval of the chairman.
Rule 10. An accurate stenographic record shall be kept of all
testimony and each witness provided with a copy thereof. Witnesses may
make changes in testimony for the purpose of correcting grammatical
errors, obvious errors of fact, and errors of transcription. Brief
supplemental materials when required to clarify the transcript may be
inserted in the record subject to the approval of the chairman.
Witnesses shall be allowed 3 days within which to correct and return the
transcript of their testimony. If not so returned, the clerk may close
the record whenever necessary.
Rule 11. Each member of the committee shall be provided with a copy
of the hearings transcript for the purpose of correcting errors of
transcription and grammar, and clarifying questions or remarks. If
another person is authorized by a committee member to make his
corrections, the clerk shall be so notified.
Rule 12. Testimony received in executive hearings shall not be
released or included in any report without the approval of a majority of
the committee.
Rule 13. The chairman shall provide adequate time for questioning of
witnesses by all members, and the rule of germaneness shall be enforced
in all hearings.
Rule 14. None of the hearings of the committee shall be telecast or
broadcast, whether directly or through such devices as recordings,
tapes, motion pictures, or other mechanical means, if in conflict with a
rule or practice of the House on the side of the Capitol where hearings
are being held. If no general rule or practice prevails in regard to
such telecasts or broadcasts, none of the hearings of the committee
shall be telecast or broadcast unless approved by a majority of the
members of the committee.
Telecasts or broadcasts of any such portion of hearings of the
committee as may include testimony of a witness, shall not be authorized
if such witness objects to such telecast or broadcast: Provided, That
such witness shall be afforded the opportunity to make such objection,
if any, to the committee at a time when the proceedings are not being
telecast or broadcast.
Rule 15. No committee report shall be made public or transmitted to
the Congress without the approval of a majority of the committee except
that when the Congress has adjourned, subcommittees may by majority vote
and with the express permission of the full committee submit reports to
the full committee and simultaneously release same to the public:
Provided, That any member of the committee may make a report
supplementary to or dissenting from the majority report. Such
supplementary or dissenting reports should be as brief as possible.
Factual reports by the committee staff may be printed for the
distribution to committee members and the public only upon authorization
of the chairman of the full committee either with the approval of a
majority of the committee or with the consent of the ranking minority
member.
Rule 16. No summary of a committee report, prediction of the
contents of a report, or statement of conclusions concerning any
investigation shall be made by a Member of the committee or of the
committee staff prior to the issuance of a report of the committee.
Rule 17. There shall be kept a complete record of all committee
proceedings and actions. The clerk of the committee, or a designated
member of the committee staff, shall act as recording secretary of all
proceedings before the committee and shall prepare and circulate to all
members of the committee the minutes of such proceedings. Minutes
circulated will be considered approved unless objection is registered
prior to the next committee meeting. The records of the committee shall
be open to all Members of the committee.
Rule 18. The committee shall have a professional and clerical staff
under the supervision of an executive director. The committee shall
appoint and remove the executive director with the approval of not less
than ten members of the committee. Staff operating procedures shall be
determined by the executive director, with the approval of the chairman
of the committee, and after notification to the ranking minority member
with respect to basic revisions. The executive director, under the
general supervision of the chairman, is authorized to deal directly with
agencies of the Government and with non-Government groups and
individuals on behalf of the committee.
The professional members of the committee staff shall be appointed
and removed on the recommendation of the executive director with
approval by majority vote of the committee. The professional staff
members, including the executive director, shall be persons selected
without regard to political affiliations who, as a result of training,
experience, and attainments, are exceptionally qualified to analyze and
interpret economic developments and programs. The clerical and temporary
staff shall be appointed and removed by the executive director with the
approval of the chairman, and after notification to the ranking minority
member. The committee staff shall serve all members of the committee in
an objective, nonpartisan manner. From time to time, upon request, the
executive director shall designate individual members of the staff to
assist subcommittees, individual committee members, and the minority
members. The staff, to the extent possible, shall be organized along
functional lines to permit specialization.
Rule 19. Attendance at executive sessions shall be limited to
members of the committee and of the committee staff. Other persons whose
presence is requested or consented to by the committee may be admitted
to such sessions.
Rule 20. Selection of witnesses for committee hearings shall be made
by the committee staff under the direction of the chairman. A list of
proposed witnesses shall be submitted to the members of the committee
for review sufficiently in advance of the hearings to permit suggestions
by the committee members to receive appropriate consideration.
Rule 21. The chairman of the committee shall have the overall
responsibility for preparing and carrying out the committee's program,
including staff studies, subject to prior approval of each item on the
program by a majority of the committee or, alternatively, by the ranking
minority member. Prior to and during the transition from one Congress to
another, the outgoing committee shall prepare and have ready a plan for
the consideration of the President's Economic Report and the preparation
of the committee's report thereon in order to meet the March 1 deadline
established by Public Law 304 (79th Cong.), as amended.
Rule 22. Proposals for amending committee rules shall be sent to all
members at least 1 week before final action is taken thereon, unless the
amendment is made by unanimous consent. Approval by at least 11 members
of the committee shall be required to amend these rules.
Rule 23. The information contained in any books, papers, or
documents furnished to the committee by any individual, partnership,
corporation, or other legal entity shall, upon the request of the
individual, partnership, corporation, or entity furnishing the same, be
maintained in strict confidence by the members and staff of the
committee, except that any such information may be released outside of
executive session of the committee if the release thereof is effected in
a manner which will not reveal the identity of such individual,
partnership, corporation, or entity: Provided, That the committee by
majority vote may authorize the disclosure of the identity of any such
individual, partnership, corporation, or entity in connection with any
pending hearing or as a part of a duly authorized report of the
committee if such release is deemed essential to the performance of the
functions of the committee and is in the public interest.
Authority and Rules of Senate Committees
Joint Committee on the Library
JOINT COMMITTEE ON THE LIBRARY
Membership \1\
\1\ For authority of the Joint Committee on the Library, see 40
U.S.C. Sec. Sec. 132a, 133, 188, 188a-1(b), 216, 216b, 216c.
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Title 2, United States Code--The Congress
Sec. 132b. Joint Committee on the Library
The Joint Committee of Congress on the Library shall, on and after
January 3, 1947, consist of the chairman and four Members of the
Committee on Rules and Administration of the Senate and the chairman and
four Members of the Committee on House Administration of the House of
Representatives.
(Aug. 2, 1946, ch. 753, title II, Sec. 223, 60 Stat. 838.)
Rules of Procedure
The committee has not met and adopted rules for the 104th Congress.
In previous Congresses, the Joint Committee on the Library has followed
the rules of the Senate Committee on Rules and Administration, where
applicable.
Authority and Rules of Senate Committees
Joint Committee on Printing
JOINT COMMITTEE ON PRINTING
Membership and General Authority \1\
\1\ Additional authority of the Joint Committee on Printing, not
reprinted here, may be found throughout title 44 of the United States
Code. See also 1 U.S.C. Sec. Sec. 107, 208; 2 U.S.C. Sec. 28e; 16
U.S.C. Sec. 825k; 28 U.S.C. Sec. 411.
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Title 44, United States Code--Public Printing and Documents
Sec. 101. Joint Committee on Printing: Membership
The Joint Committee on Printing shall consist of the chairman and
four Members of the Committee on Rules and Administration of the Senate
and the chairman and four Members of the Committee on House
Administration of the House of Representatives.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238; Pub. L. 97-4, Feb. 17,
1981, 95 Stat. 6.)
Sec. 102. Joint Committee on Printing: succession; powers during recess
The Members of the Joint Committee on Printing who are reelected to
the succeeding Congress shall continue as Members of the committee until
their successors are chosen. The President of the Senate and the Speaker
of the House of Representatives shall, on the last day of a Congress,
appoint Members of their respective Houses who have been elected to the
succeeding Congress to fill vacancies which may then be about to occur
on the Committee, and the appointees and Members of the Committee who
have been reelected shall continue until their successors are chosen.
When Congress is not in session, the Joint Committee may exercise
all its powers and duties as when Congress is in session.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238.)
Sec. 103. Joint Committee on Printing: remedial powers
The Joint Committee on Printing may use any measures it considers
necessary to remedy neglect, delay, duplication, or waste in the public
printing and binding and the distribution of Government publications.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1239.)
Rules of Procedure
The committee met and adopted rules on Mar. 6, 1995. Amendments proposed
at that time remain pending at the time of publication of this
compilation.
Rule 1--Committee Rules
(a) The rules of the Senate and House insofar as they are
applicable, shall govern the Committee.
(b) The Committee's rules shall be published in the Congressional
Record as soon as possible following the Committee's organizational
meeting in each odd-numbered year.
(c) Where these rules require a vote of the Members of the
Committee, polling of Members either in writing or by telephone shall
not be permitted to substitute for a vote taken at a Committee meeting,
unless the Ranking Minority Member assents to waiver of this
requirement.
(d) Proposals for amending Committee rules shall be sent to all
Members at least one week before final action is taken thereon, unless
the amendment is made by unanimous consent.
Rule 2--Regular Committee Meetings
(a) The regular meeting date of the Committee shall be the second
Wednesday of every month when the House and Senate are in session. A
regularly scheduled meeting need not be held if there is no business to
be considered and after appropriate notification is made to the Ranking
Minority Member. Additional meetings may be called by the chairman as he
may deem necessary or at the request of the majority of the Members of
the Committee.
(b) If the chairman of the Committee is not present at any meeting
of the Committee, the vice-chairman or ranking Member of the majority
party on the Committee who is present shall preside at the meeting.
Rule 3--Quorum
(a) Five Members of the Committee shall constitute a quorum which is
required for the purpose of closing meetings, promulgating Committee
orders or changing the rules of the Committee.
(b) Three Members shall constitute a quorum for purposes of taking
testimony and receiving evidence.
Rule 4--Proxies
(a) Written or telegraphic proxies of Committee Members will be
received and recorded on any vote taken by the Committee, except at the
organization meeting at the beginning of each Congress or for the
purpose of creating a quorum.
(b) Proxies will be allowed on any such votes for the purpose of
recording a Member's position on a question only when the absentee
Committee Member has been informed of the question and has affirmatively
requested that he be recorded.
Rule 5--Open and Closed Meetings
(a) Each meeting for the transaction of business of the Committee
shall be open to the public except when the Committee, in open session
and with a quorum present, determines by rollcall vote that all or part
of the remainder of the meeting on that day shall be closed to the
public. No such vote shall be required to close a meeting that relates
solely to internal budget or personnel matters.
(b) No person other than Members of the Committee, and such
Congressional staff and other representatives as they may authorize,
shall be present in any business session which has been closed to the
public.
Rule 6--Alternating Chairmanship and Vice Chairmanship by Congresses
(a) The chairmanship and vice chairmanship of the Committee shall
alternate between the House and the Senate by Congresses. The senior
Member of the minority party in the House of Congress opposite of that
of the chairman shall be the Ranking Minority Member of the Committee.
(b) In the event the House and Senate are under different party
control, the chairman and vice chairman shall represent the majority
party in their respective Houses. When the chairman and vice chairman
represent different parties, the vice chairman shall also fulfill the
responsibilities of the Ranking Minority Member as prescribed by these
rules.
Rule 7--Parliamentary Questions
Questions as to the order of business and the procedures of the
Committee shall in the first instance be decided by the chairman,
subject always to an appeal to the Committee.
Rule 8--Hearings: Public Announcements and Witnesses
(a) The chairman, in the case of hearings to be conducted by the
Committee, shall make public announcement of the date, place and subject
matter of any hearing to be conducted on any measure or matter at least
one week before the commencement of that hearing unless the Committee
determines that there is good cause to begin such hearing at an earlier
date. In the latter event, the chairman shall make such public
announcement at the earliest possible date. The staff director of the
Committee shall promptly notify the Daily Digest of the Congressional
Record as soon as possible after such public announcement is made.
(b) So far as practicable, all witnesses appearing before the
Committee shall file advance written statements of their proposed
testimony at least 48 hours in advance of their appearance and their
oral testimony shall be limited to brief summaries. Limited insertions
or additional germane material will be received for the record, subject
to the approval of the chairman.
Rule 9--Official Hearing Record
(a) An accurate stenographic record shall be kept of all Committee
proceedings and actions. Brief supplemental materials when required to
clarify the transcript may be inserted in the record subject to the
approval of the chairman.
(b) Each Member of the Committee shall be provided with a copy of
the hearings transcript for the purpose of correcting errors of
transcription and grammar, and clarifying questions or remarks. If any
other person is authorized by a Committee Member to make his
corrections, the staff director shall be so notified.
(c) Members who have received unanimous consent to submit written
questions to witnesses shall be allowed two days within which to submit
these to the staff director for transmission to the witnesses. The
record may be held open for a period not to exceed two weeks awaiting
the responses by witnesses.
(d) A witness may obtain a transcript copy of his testimony given at
a public session or, if given at an executive session, when authorized
by the Committee. Testimony received in closed hearings shall not be
released or included in any report without the approval of the
Committee.
Rule 10--Witnesses for Committee Hearings
(a) Selection of witnesses for Committee hearings shall be made by
the Committee staff under the direction of the Chairman. A list of
proposed witnesses shall be submitted to the Members of the Committee
for review sufficiently in advance of the hearings to permit suggestions
by the Committee Members to receive appropriate consideration.
(b) The Chairman shall provide adequate time for questioning of
witnesses by all Members, including minority Members, and the rule of
germaneness shall be enforced in all hearings.
(c) Whenever a hearing is conducted by the Committee upon any
measure or matter, the minority on the Committee shall be entitled, upon
unanimous request to the Chairman before the completion of such
hearings, to call witnesses selected by the minority to testify with
respect to the measure or matter during at least one day of hearing
thereon.
Rule 11--Confidential Information Furnished to the Committee
The information contained in any books, papers or documents
furnished to the Committee by any individual, partnership, corporation
or other legal entity shall, upon the request of the individual,
partnership, corporation or entity furnishing the same, be maintained in
strict confidence by the Members and staff of the Committee, except that
any such information may be released outside of executive session of the
Committee if the release thereof is effected in a manner which will not
reveal the identity of such individual, partnership, corporation or
entity in connection with any pending hearing or as a part of a duly
authorized report of the Committee if such release is deemed essential
to the performance of the functions of the Committee and is in the
public interest.
Rule 12--Broadcasting of Committee Hearings
The rule for broadcasting of Committee hearings shall be the same as
Rule XI, clause 3, of the Rules of the House of Representatives.
Rule 13--Committee Reports
(a) No Committee report shall be made public or transmitted to the
Congress without the approval of a majority of the Committee except when
Congress has adjourned; Provided, That any Member of the Committee may
make a report supplementary to or dissenting from the majority report.
Such supplementary or dissenting reports should be as brief as possible.
(b) Factual reports by the Committee staff may be printed for
distribution to Committee Members and the public only upon authorization
of the chairman either with the approval of a majority of the Committee
or with the consent of the Ranking Minority Member.
Rule 14--Confidentiality of Committee Reports
No summary of a Committee report, prediction of the contents of a
report, or statement of conclusions concerning any investigation shall
be made by a Member of the Committee or by any staff Member of the
Committee prior to the issuance of a report of the Committee.
Rule 15--Committee Staff
(a) The Committee shall have a professional and clerical staff under
the supervision of a staff director. Staff operating procedures shall be
determined by the staff director, with the approval of the chairman of
the Committee, and after notification to the Ranking Minority Member
with respect to basic revisions of existing procedures. The staff
director, under the general supervision of the chairman, is authorized
to deal directly with agencies of the Government and with non-Government
groups and individuals on behalf of the Committee.
(b) The chairman and vice chairman, on behalf of their respective
bodies of Congress, shall be entitled to designate two senior staff
Members each. During any Congress in which both Houses are under the
control of the same party, the Ranking Minority Member, on behalf of his
party, shall be entitled to designate two senior staff Members.
(c) All other staff Members shall be selected on the basis of their
training, experience and attainments, without regard to race, religion,
sex, color, age, national origin or political affiliations, and shall
serve all Members of the Committee in an objective, non-partisan manner.
Rule 16--Committee Chairman
The chairman of the Committee may establish such other procedures
and take such actions as may be necessary to carry out the foregoing
rules or to facilitate the effective operation of the Committee.
Specifically, the chairman is authorized, during the interim periods
between meetings of the Committee, to act on all requests submitted by
any executive department, independent agency, temporary or permanent
commissions and committees of the Federal Government, the Government
Printing Office and any other Federal entity, pursuant to the
requirements of applicable Federal law and regulations.
Authority and Rules of Senate Committees
Joint Committee on Taxation
JOINT COMMITTEE ON TAXATION
Membership and Authority
Title 26, United States Code--Internal Revenue Code
Sec. 8002. Membership
(a) Number and selection
The Joint Committee shall be composed of 10 Members as follows:
(1) From Committee on Finance
Five Members who are Members of the Committee on Finance of
the Senate; three from the majority and two from the minority
party, to be chosen by such Committee; and
(2) From Committee on Ways and Means
Five Members who are Members of the Committee on Ways and
Means of the House of Representatives, three from the majority
and two from the minority party, to be chosen by such Committee.
(b) Tenure of office
(1) General limitation
No person shall continue to serve as a Member of the Joint
Committee after he has ceased to be a Member of the Committee by
which he was chosen, except that--
(2) Exception
The Members chosen by the Committee on Ways and Means who have
been reelected to the House of Representatives may continue to
serve as Members of the Joint Committee notwithstanding the
expiration of the Congress.
(c) Vacancies
vacancy in the Joint Committee--
(1) Effect
Shall not affect the power of the remaining Members to execute
the functions of the Joint Committee; and
(2) Manner of filling
Shall be filled in the same manner as the original selection,
except that--
(A) Adjournment or recess of Congress
In case of a vacancy during an adjournment or
recess of Congress for a period of more than 2
weeks, the Members of the Joint Committee who
are Members of the Committee entitled to fill
such vacancy may designate a Member of such
Committee to serve until his successor is chosen
by such Committee; and
(B) Expiration of Congress
In the case of a vacancy after the expiration
of a Congress which would be filled by the
Committee on Ways and Means, the Members of such
Committee who are continuing to serve as Members
of the Joint Committee may designate a person
who, immediately prior to such expiration, was a
Member of such Committee and who is reelected to
the House of Representatives, to serve until his
successor is chosen by such Committee.
(d) Allowances
The Members shall serve without compensation in addition to
that received for their services as Members of Congress; but
that they shall be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in the performance of the
duties vested in the Joint Committee, other than expenses in
connection with meetings of the Joint Committee held in the
District of Columbia during such times as the Congress is in
session.
(Aug. 16, 1954, ch. 736, 68A Stat. 925.)
Sec. 8003. Election of chairman and vice chairman
The Joint Committee shall elect a chairman and vice chairman from
among its Members.
(Aug. 16, 1954, ch. 736, 68A Stat. 926.)
Sec. 8004. Appointment and compensation of staff
Except as otherwise provided by law, the Joint Committee shall have
power to appoint and fix the compensation of the Chief of Staff of the
Joint Committee and such experts and clerical, stenographic, and other
assistants as it deems advisable.
(Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4, 1976, Pub. L. 94-455,
title XIX, Sec. 1907(a)(2), 90 Stat. 1835.)
Sec. 8005. Payment of expenses
The expenses of the Joint Committee shall be paid one-half from the
contingent fund of the Senate and one-half from the contingent fund of
the House of Representatives, upon vouchers signed by the chairman or
the vice chairman.
(Aug. 16, 1954, ch. 736, 68A Stat. 926.)
Sec. 8021. Powers
(a) To obtain data and inspect income returns
For powers of the Joint Committee to obtain and inspect income
returns, see section 6103(f).\1\
\1\ This provision is reprinted at pages 266-268 of this volume.
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(b) Relating to hearings and sessions
The Joint Committee, or any subcommittee thereof, is authorized--
(1) To hold
To hold hearings and to sit and act at such places and times;
(2) To require attendance of witnesses and production of books
To require by subpoena (to be issued under the signature of
the chairman or vice chairman) or otherwise the attendance of
such witnesses and the production of such books, papers, and
documents;
(3) To administer oaths
To administer such oaths; and
(4) To take testimony
To take such testimony;
as it deems advisable.
(c) To procure printing and binding
The Joint Committee, or any subcommittee thereof, is authorized to
have such printing and binding done as it deems advisable.
(d) To make expenditures
The Joint Committee, or any subcommittee thereof, is authorized to
make such expenditures as it deems advisable.
(Aug. 16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976, Pub. L. 94-455,
title XIX, Sec. 1907(a)(3), 90 Stat. 1835; Nov. 10, 1988, Pub. L. 100-
647, title I, Sec. 1018(s)(1), 102 Stat. 3586.)
Sec. 8022. Duties
It shall be the duty of the Joint Committee--
(1) Investigation
(A) Operation and effects of law
To investigate the operation and effects of the Federal system
of internal revenue taxes;
(B) Administration
To investigate the administration of such taxes by the
Internal Revenue Service or any executive department,
establishment, or agency charged with their administration; and
(C) Other Investigations--
To make such other investigations in respect of such system of
taxes as the Joint Committee may deem necessary.
(2) Simplification of law
(A) Investigation of methods
To investigate measures and methods for the simplification of
such taxes, particularly the income tax; and
(B) Publication of proposals
To publish, from time to time, for public examination and
analysis, proposed measures and methods for the simplification
of such taxes.
(3) Reports
To report, from time to time, to the Committee on Finance and the
Committee on Ways and Means, and, in its discretion, to the Senate or
the House of Representatives, or both, the results of its
investigations, together with such recommendations as it may deem
advisable.
(4) Cross reference
For duties of the Joint Committee relating to refunds of income and
estate taxes, see section 6405.
(Aug. 16, 1954, ch. 736, 68A Stat. 927.)
Sec. 8023. Additional powers to obtain data
(a) Securing of data
The Joint Committee or the Chief of Staff of the Joint Committee,
upon approval of the Chairman or Vice Chairman, is authorized to secure
directly from the Internal Revenue Service, or the office of the Chief
Counsel for the Internal Revenue Service, or directly from any executive
department, board, bureau, agency, independent establishment, or
instrumentality of the Government, information, suggestions, rulings,
data, estimates, and statistics, for the purpose of making
investigations, reports, and studies relating to internal revenue
taxation. In the investigation by the Joint Committee on Taxation of the
administration of the internal revenue taxes by the Internal Revenue
Service, the Chief of Staff of the Joint Committee on Taxation is
authorized to secure directly from the Internal Revenue Service such tax
returns, or copies of tax returns, and other relevant information, as
the Chief of Staff deems necessary for such investigation, and the
Internal Revenue Service is authorized and directed to furnish such tax
returns and information to the Chief of Staff together with a brief
report, with respect to each return, as to any action taken or proposed
to be taken by the Service as a result of any audit of the return.
(b) Furnishing of data
The Internal Revenue Service, the office of the Chief Counsel for
the Internal Revenue Service, executive departments, boards, bureaus,
agencies, independent establishments, and instrumentalities are
authorized and directed to furnish such information, suggestions,
rulings, data, estimates, and statistics directly to the Joint Committee
or to the Chief of Staff of the Joint Committee, upon request made
pursuant to this section.
(c) Application of subsections (a) and (b)
Subsections (a) and (b) shall be applied in accordance with their
provisions without regard to any reorganization plan becoming effective
on, before, or after the date of the enactment of this subsection.
(Aug. 16, 1954, ch. 736, 68A Stat. 928; Sept. 22, 1959, Pub. L. 86-368,
Sec. 2(b), 73 Stat. 648; Oct. 4, 1976, Pub. L. 94-455, title XII, Sec.
1210(c), title XIX, Sec. 1907(a)(4), 90 Stat. 1711, 1835.)
Rules of Procedure
The Joint Committee on Taxation has not supplemented its statutory
authority with rules of procedure.
________________________________________________________________________
III. Additional Senate and Congressional Entities
________________________________________________________________________
Authority and Rules of Senate Committees
Senate Joint Leadership Group
SENATE JOINT LEADERSHIP GROUP
Title 2, United States Code--The Congress
Sec. 288a. Senate Joint Leadership Group
(a) Accountability of Office
The Office [of Senate Legal Counsel] \1\ shall be directly
accountable to the Joint Leadership Group in the performance of the
duties of the Office.
\1\ The Office of Senate Legal Counsel, which the Senate Joint
Leadership Group oversees, has a number of responsibilities relating to
the representation of the Senate, which appear at 2 U.S.C. Sec. Sec.
288, et seq. Only those provisions that specifically address the Joint
Leadership Group's role are reprinted in this section. Other provisions
defining the role of the Office of Senate Legal Counsel may be found in
the sections of this manual relating to the enforcement of subpoenas and
immunity for witnesses.
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(b) Membership
For purposes of this chapter, the Joint Leadership Group shall
consist of the following Members:
(1) The President pro tempore (or if he so designates, the
Deputy President pro tempore) of the Senate.
(2) The majority and minority leaders of the Senate.
(3) The Chairman and ranking minority Member of the Committee
on the Judiciary of the Senate.
(4) The Chairman and ranking minority Member of the committee
of the Senate which has jurisdiction over the contingent fund of
the Senate.
(c) Assistance of Secretary of Senate
The Joint Leadership Group shall be assisted in the performance of
its duties by the Secretary of the Senate.
(Pub. L. 95-521, title VII, Sec. 702, Oct. 26, 1978, 92 Stat. 1877.)
Sec. 288b. Requirements for authorizing representation activity
(a) Direction of Joint Leadership Group or Senate resolution
The [Senate Legal] Counsel shall defend the Senate or a committee,
subcommittee, Member, officer, or employee of the Senate under section
288c of this title only when directed to do so by two-thirds of the
Members of the Joint Leadership Group or by the adoption of a resolution
by the Senate.
* * * * * * *
(c) Intervention or appearance
The [Senate Legal] Counsel shall intervene or appear as amicus
curiae under section 288e of this title only when directed to do so by a
resolution adopted by the Senate when such intervention or appearance is
to be made in the name of the Senate or in the name of an officer,
committee, subcommittee, or chairman of a committee or subcommittee of
the Senate.
* * * * * * *
(Pub. L. 95-521, title VII, Sec. 703, Oct. 26, 1978, 92 Stat. 1877.)
* * * * * * *
Sec. 288e. Intervention or appearance
(a) Actions or proceedings
When directed to do so pursuant to section 288b(c) of this title,
the [Senate Legal] Counsel shall intervene or appear as amicus curiae in
the name of the Senate, or in the name of an officer, committee,
subcommittee, or chairman of a committee or subcommittee of the Senate
in any legal action or proceeding pending in any court of the United
States or of a State or political subdivision thereof in which the
powers and responsibilities of Congress under the Constitution of the
United States are placed in issue. The [Senate Legal] Counsel shall be
authorized to intervene only if standing to intervene exists under
section 2 of article III of the Constitution of the United States.
(b) Notification; publication
The [Senate Legal] Counsel shall notify the Joint Leadership Group
of any legal action or proceeding in which the [Senate Legal] Counsel is
of the opinion that intervention or appearance as amicus curiae under
subsection (a) of this section is in the interest of the Senate. Such
notification shall contain a description of the legal action or
proceeding together with the reasons that the [Senate Legal] Counsel is
of the opinion that intervention or appearance as amicus curiae is in
the interest of the Senate. The Joint Leadership Group shall cause said
notification to be published in the Congressional Record for the Senate.
* * * * * * *
(Pub. L. 95-521, title VII, Sec. 706, Oct. 26, 1978, 92 Stat. 1880.)
* * * * * * *
Sec. 288i. Representation conflict or inconsistency
(a) Notification
In the carrying out of the provisions of this chapter, the [Senate
Legal] Counsel shall notify the Joint Leadership Group, and any party
represented or person affected, of the existence and nature of any
conflict or inconsistency between the representation of such party or
person and the carrying out of any other provision of this chapter or
compliance with professional standards and responsibilities.
(b) Solution; publication in Congressional Record; review
Upon receipt of such notification, the members of the Joint
Leadership Group shall recommend the action to be taken to avoid or
resolve the conflict or inconsistency. If such recommendation is made by
a two-thirds vote, the [Senate Legal] Counsel shall take such steps as
may be necessary to resolve the conflict or inconsistency as
recommended. If not, the members of the Joint Leadership Group shall
cause the notification of conflict or inconsistency and recommendation
with respect to resolution thereof to be published in the Congressional
Record of the Senate. If the Senate does not direct the [Senate Legal]
Counsel within fifteen days from the date of publication in the Record
to resolve the conflict in another manner, the [Senate Legal] Counsel
shall take such action as may he necessary to resolve the conflict or
inconsistency as recommended. Any instruction or determination made
pursuant to this subsection shall not be reviewable in any court of law.
(c) Computation of period following publication
For purposes of the computation of the fifteen day period in
subsection (b) of this section--
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which the Senate is not in session because of
an adjournment of more than three days to a date certain are
excluded.
(d) Reimbursement
The Senate may by resolution authorize the reimbursement of any
Member, officer, or employee of the Senate who is not represented by the
[Senate Legal] Counsel for fees and costs, including attorneys' fees,
reasonably incurred in obtaining representation. Such reimbursement
shall be from funds appropriated to the contingent fund of the Senate.
(Pub. L. 95-521, title VII, Sec. 710, Oct. 26, 1978, 92 Stat. 1882.)
Authority and Rules of Senate Committees
The Technology Assessment Board
THE TECHNOLOGY ASSESSMENT BOARD
Title 2, United States Code--The Congress
Sec. 471. Congressional findings and declaration of purpose
The Congress hereby finds and declares that:
(a) As technology continues to change and expand rapidly, its
applications are--
(1) large and growing in scale; and
(2) increasingly extensive, pervasive, and critical in their
impact, beneficial and adverse, on the natural and social
environment.
(b) Therefore, it is essential that, to the fullest extent possible,
the consequences of technological applications be anticipated,
understood, and considered in determination of public policy on existing
and emerging national problems.
(c) The Congress further finds that:
(1) the Federal agencies presently responsible directly to the
Congress are not designed to provide the legislative branch with
adequate and timely information, independently developed,
relating to the potential impact of technological applications,
and
(2) the present mechanisms of the Congress do not and are not
designed to provide the legislative branch with such
information.
(d) Accordingly, it is necessary for the Congress to --
(1) equip itself with new and effective means for securing
competent, unbiased information concerning the physical,
biological, economic, social, and political effects of such
applications; and
(2) utilize this information, whenever appropriate, as one
factor in the legislative assessment of matters pending before
the Congress, particularly in those instances where the Federal
Government may be called upon to consider support for, or
management or regulation of, technological applications.
(Pub. L. 92-484, Sec. 2, Oct. 13, 1972, 86 Stat. 797.)
Sec. 472. Office of Technology Assessment
(a) Creation
In accordance with the findings and declaration of purpose in
section 471 of this title, there is hereby created the Office of
Technology Assessment (hereinafter referred to as the ``Office'') which
shall be within and responsible to the legislative branch of the
Government.
(b) Composition
The Office shall consist of a Technology Assessment Board
(hereinafter referred to as the ``Board'') which shall formulate and
promulgate the policies of the Office, and a Director who shall carry
out such policies and administer the operations of the Office.
(c) Functions and duties
The basic function of the Office shall be to provide early
indications of the probable beneficial and adverse impacts of the
applications of technology and to develop other coordinate information
which may assist the Congress. In carrying out such function, the Office
shall:
(1) identify existing or probable impacts of technology or
technological programs;
(2) where possible, ascertain cause-and-effect relationships;
(3) identify alternative technological methods of implementing
specific programs;
(4) identify alternative programs for achieving requisite
goals;
(5) make estimates and comparisons of the impacts of
alternative methods and programs;
(6) present findings of completed analyses to the appropriate
legislative authorities;
(7) identify areas where additional research or data
collection is required to provide adequate support for the
assessments and estimates described in paragraph[s] (1) through
(5) of this subsection; and
(8) undertake such additional associated activities as the
appropriate authorities specified under subsection (d) of this
section may direct.
(d) Initiation of assessment activities
Assessment activities undertaken by the Office may be initiated upon
the request of:
(1) the chairman of any standing, special, or select committee
of either House of the Congress, or of any joint committee of
the Congress, acting for himself or at the request of the
ranking minority member or a majority of the committee members;
(2) the Board; or
(3) the Director, in consultation with the Board.
(e) Availability of information
Assessments made by the Office, including information, surveys,
studies, reports, and findings related thereto, shall be made available
to the initiating committee or other appropriate committees of the
Congress. In addition, any such information, surveys, studies, reports,
and findings produced by the Office may be made available to the public
except where--
(1) to do so would violate security statutes; or
(2) the Board considers it necessary or advisable to withhold
such information in accordance with one or more of the numbered
paragraphs in section 552(b) of title 5.
(Pub. L. 92-484, Sec. 3, Oct. 13, 1972, 86 Stat. 797.)
Sec. 473. Technology Assessment Board
(a) Membership
The Board shall consist of thirteen members as follows:
(1) six Members of the Senate, appointed by the President pro
tempore of the Senate, three from the majority party and three
from the minority party;
(2) six Members of the House of Representatives appointed by
the Speaker of the House of Representatives, three from the
majority party and three from the minority party; and
(3) the Director, who shall not be a voting Member.
(b) Execution of functions during vacancies; filling of vacancies
Vacancies in the membership of the Board shall not affect the power
of the remaining members to execute the functions of the Board and shall
be filled in the same manner as in the case of the original appointment.
(c) Chairman and vice chairman, selection procedure
The Board shall select a chairman and a vice chairman from among its
members at the beginning of each Congress. The vice chairman shall act
in the place and stead of the chairman in the absence of the chairman.
The chairmanship and the vice chairmanship shall alternate between the
Senate and the House of Representatives with each Congress. The chairman
during each even-numbered Congress shall be selected by the Members of
the House of Representatives on the Board from among their number. The
vice chairman during each Congress shall be chosen in the same manner
from that House of Congress other than the House of Congress of which
the chairman is a Member.
(d) Meetings; powers of Board
The Board is authorized to sit and act at such places and times
during the sessions, recesses, and adjourned periods of Congress, and
upon a vote of a majority of its members, to require by subpoena or
otherwise the attendance of such witnesses and the production of such
books, papers, and documents, to administer such oaths and affirmations,
to take such testimony, to procure such printing and binding, and to
make such expenditures, as it deems advisable. The Board may make such
rules respecting its organization and procedures as it deems necessary,
except that no recommendation shall be reported from the Board unless a
majority of the Board assent. Subpoenas may be issued over the signature
of the chairman of the Board or of any voting member designated by him
or by the Board, and may be served by such person or persons as may be
designated by such chairman or member. The chairman of the Board or any
voting member thereof may administer oaths or affirmations to witnesses.
(Pub. L. 92-484, Sec. 4, Oct. 13, 1972, 86 Stat. 798.)
Sec. 474. Director of Office of Technology Assessment
(a) Appointment; term; compensation
The Director of the Office of Technology Assessment shall be
appointed by the Board and shall serve for a term of six years unless
sooner removed by the Board. He shall receive basic pay at the rate
provided for level III of the Executive Schedule under section 5314 of
title 5.
(b) Powers and duties \1\
\1\ Additional authority of the Office of Technology Assessment, its
Director, and its Board, not reprinted here, may be found at 2 U.S.C.
Sec. Sec. 474(c)-481.
---------------------------------------------------------------------------
In addition to the powers and duties vested in him by this chapter,
the Director shall exercise such powers and duties as may be delegated
to him by the Board.
* * * * * * *
(Pub. L. 92-484, Sec. 5, Oct. 13, 1972, 86 Stat. 799.)
Authority and Rules of Senate Committees
The United States Capitol Preservation Commission
THE UNITED STATES CAPITOL PRESERVATION COMMISSION
Title 40, United States Code--Public Buildings, Property, and Works
Sec. 188a. United States Capitol Preservation Commission
(a) Establishment and purposes
There is established in the Congress the United States Capitol
Preservation Commission (hereinafter in sections 188a to 188a-5 of this
title referred to as the ``Commission'') for the purposes of--
(1) providing for improvements in, preservation of, and
acquisitions for, the United States Capitol;
(2) providing for works of fine art and other property for
display in the United States Capitol and at other locations
under the control of the Congress; and
(3) conducting other activities that directly facilitate,
encourage, or otherwise support any purposes specified in
paragraph (1) or (2).
(b) Membership
The Commission shall be composed of the following Members of
Congress:
(1) The President pro tempore of the Senate and the Speaker of
the House of Representatives, who shall be co-chairmen.
(2) The Chairman and Vice-Chairman of the Joint Committee on
the Library.
(3) The Chairman and the ranking minority party member of the
Committee on Rules and Administration of the Senate, and the
Chairman and the ranking minority party member of the Committee
on House Administration of the House of Representatives.
(4) The majority leader and the minority leader of the Senate.
(5) The majority leader and the minority leader of the House
of Representatives.
(6) The Chairman of the Commission on the Bicentennial of the
United States Senate and the Chairman of the Commission of the
House of Representatives Bicentenary, to be succeeded upon
expiration of such commissions, by a Senator or Member of the
House of Representatives, as appropriate, appointed by the
Senate or House of Representatives co-chairman of the
Commission, respectively.
(7) One Senator appointed by the President pro tempore of the
Senate and one Senator appointed by the minority leader of the
Senate.
(8) One Member of the House of Representatives appointed by
the Speaker of the House of Representatives and one Member of
the House of Representatives appointed by the minority leader of
the House of Representatives.
(c) Designees
Each member of the Commission specified under subsection (b) of this
section (other than a member under paragraph (7) or (8) of such
subsection) may designate a Senator or Member of the House of
Representatives, as the case may be, to serve as a member of the
Commission in place of the Member so specified.
(d) Architect of the Capitol
In addition to the members under subsection (b) of this section, the
Architect of the Capitol shall participate in the activities of the
Commission, ex officio, and without the right to vote.
(e) Staff support and assistance
The Senate Commission on Art, the House of Representatives Fine Arts
Board, and the Architect of the Capitol shall provide to the Commission
such staff support and assistance as the Commission may request.
(Pub. L. 100-696, title VIII, Sec. 801, Nov. 18, 1988, 102 Stat. 4608.)
Sec. 188a-1. Authority of Commission to accept gifts and conduct other
transactions relating to works of fine art and other
property \1\
\1\ Additional authority of the United States Capitol Preservation
Commission, not reprinted here, may be found at 40 U.S.C. Sec. Sec.
188a-2 to 188a-5.
---------------------------------------------------------------------------
(a) In general
In carrying out the purposes referred to in section 188a(a) of this
title the Commission is authorized--
(1) to accept gifts of works of fine art, gifts of other
property, and gifts of money; and
(2) to acquire property, administer property, dispose of
property, and conduct other transactions related to such
purposes.
(b) Transfer and disposition of works of fine art and other property
The Commission shall, with respect to works of fine art and other
property received by the Commission--
(1) in consultation with the Joint Committee on the Library,
the Senate Commission on Art, or the House of Representatives
Fine Arts Board, as the case may be, transfer such property to
the entity consulted;
(2) if a transfer described in paragraph (1) is not
appropriate, dispose of the work of fine art by sale or other
transaction; and
(3) in the case of property that is not directly related to
the purposes referred to in section 188a(a) of this title,
dispose of such property by sale or other transaction.
(c) Requirements for conduct of transactions
In conducting transactions under this section, the Commission
shall--
(1) accept money only in the form of a check or similar
instrument made payable to the Treasury of the United States and
shall deposit any such check or instrument in accordance with
section 188a-2 of this title;
(2) in making sales and engaging in other property
transactions, take into consideration market conditions and
other relevant factors; and
(3) assure that each transaction is directly related to the
purposes referred to in section 188a(a) of this title.
(Pub. L. 100-696, title VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609,
amended Pub. L. 101-302, title III, Sec. 312(a), May 25, 1990, 104
Stat. 245.)
Authority and Rules of Senate Committees
The Senate Commission on Art
THE SENATE COMMISSION ON ART
Title 40, United States Code--Public Buildings, Property, and Works
Sec. 188b. Senate Commission on Art
(a) Establishment
There is hereby established a Senate Commission on Art (hereinafter
referred to as ``the Commission'') consisting of the President pro
tempore of the Senate, the chairman and ranking minority member of the
Committee on Rules and Administration of the Senate, and the majority
and minority leaders of the Senate.
(b) Chairman and Vice Chairman; quorum; Executive Secretary
The Commission shall elect a Chairman and a Vice Chairman at the
beginning of each Congress. Three members of the Commission shall
constitute a quorum for the transaction of business, except that the
Commission may fix a lesser number which shall constitute a quorum for
the taking of testimony. The Secretary of the Senate shall be the
Executive Secretary of the Commission \1\
\1\ So in original. Probably should end with a period.
---------------------------------------------------------------------------
(c) Selection of Curator of Art and Antiquities of the Senate;
availability of professional and clerical assistance
The Commission shall select a Curator of Art and Antiquities of the
Senate who shall be appointed by and be an employee of the Secretary of
the Senate. The Curator shall serve at the pleasure of the Commission,
shall perform such duties as it may prescribe, and shall receive
compensation at a gross rate, not to exceed $22,089 per annum to be
fixed by the Commission. At the request of the Commission the Secretary
of the Senate shall detail to the Commission such additional
professional, clerical, and other assistants as, from time to time, it
deems necessary.
(d) Hearings and meetings
The Commission shall be empowered to hold hearings, summon
witnesses, administer oaths, employ reporters, request the production of
papers and records, take such testimony, and adopt such rules for the
conduct of its hearings and meetings, as it deems necessary.
(Pub. L. 100-696, title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988,
102 Stat. 4610, 4611.)
Sec. 188b-1. Duties of Commission \1\
\1\ Additional duties of the Senate Commission on Art, not reprinted
here, may be found at 40 U.S.C. Sec. Sec. 188b-3, 188b-4, 188b-6, and 5
U.S.C. Sec. 7342(e)(2).
---------------------------------------------------------------------------
(a) In general
The Commission is hereby authorized and directed to supervise, hold,
place, protect, and make known all works of art, historical objects, and
exhibits within the Senate wing of the United States Capitol, any Senate
Office Buildings, and in all rooms, spaces, and corridors thereof, which
are the property of the United States, and in its judgment to accept any
works of art, historical objects, or exhibits which may hereafter be
offered, given, or devised to the Senate, its committees, and its
officers for placement and exhibition in the Senate wing of the Capitol,
the Senate Office Buildings, or in rooms, spaces, or corridors thereof.
(b) Issuance and publication of regulations
The Commission shall prescribe such regulations as it deems
necessary for the care, protection, and placement of such works of art,
exhibits, and historical objects in the Senate wing of the Capitol and
the Senate Office Buildings, and for their acceptance on behalf of the
Senate, its committees, and officers. Such regulations shall be
published in the Congressional Record at such time or times as the
Commission may deem necessary for the information of the Members of the
Senate and the public.
(c) Consistency of regulations
Regulations authorized by the provisions of section 193 of this
title to be issued by the Sergeant at Arms of the Senate for the
protection of the Capitol, and any regulations issued, or activities
undertaken, by the Committee on Rules and Administration of the Senate,
or the Architect of the Capitol, in carrying out duties relating to the
care, preservation, and protection of the Senate wing of the Capitol and
the Senate Office Buildings, shall be consistent with such rules and
regulations as the Commission may issue pursuant to subsection (b) of
this section.
* * * * * * *
(Pub. L. 100-696, title IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102
Stat. 4610, 4611.)
Sec. 188b-2. Supervision and maintenance of Old Senate Chamber
The Commission shall have responsibility for the supervision and
maintenance of the Old Senate Chamber on the principal floor of the
Senate wing of the Capitol insofar as it is to be preserved as a
patriotic shrine in the Capitol for the benefit of the people of the
United States.
(Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat.
4610.)
* * * * * * *
Sec. 188b-5. Additional authority for Senate Commission on Art to
acquire works of art, historical objects, documents,
exhibits, or exhibitions
(a) The Senate Commission on Art, in addition to any authority
conferred upon it by sections 188b to 188b-4 of this title, is
authorized to acquire any work of art, historical object, document or
material relating to historical matters, or exhibit for placement or
exhibition in the Senate wing of the Capitol, the Senate Office
Buildings, or in rooms, spaces, or corridors thereof.
(b) This section shall be effective as of March 1, 1971.
(Pub. L. 100-696, title IX, Sec. 901(a), (c), Nov. 18, 1988, 102 Stat.
4610, 4611.)
Authority and Rules of Senate Committees
Commission on the Bicentennial of the United States Senate
COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES SENATE
S. Res. 144, 101st Cong., 1st Sess. (1989) \1\
\1\ As amended by S. Res. 352, 101st Cong., 2d Sess. (1990).
---------------------------------------------------------------------------
Section 1. Establishment of Commission
There is hereby established a Commission on the Bicentennial of the
United States Senate (referred to as the ``Commission'') to coordinate
ceremonial events and related activities as appropriate.
Sec. 2. Membership of Commission
The Commission shall be composed of the following members:
(1) the President pro tempore of the Senate;
(2) the majority leader and minority leader of the Senate;
(3) three Members of the Senate to be appointed by the
majority leader; and
(4) three Members of the Senate to be appointed by the
minority leader.
A Member of the Senate appointed pursuant to Senate Resolution 352,
agreed to April 11, 1986, to serve during the 100th Congress shall serve
until the termination of the Commission.
Sec. 3. Chairmanship; Quorum
The majority leader, or his designee, shall serve as the Chairman of
the Commission and the minority leader, or his designee, shall serve as
the Vice Chairman of the Commission. Four members of the Commission
shall constitute a quorum for the transaction of business.
Sec. 4. Vacancy
Any vacancy in the membership of the Commission shall be filled in
the same manner as the original appointment.
Sec. 5. Duties of Commission
The Commission shall oversee the development of projects and
activities as outlined in the Final Report of the Study Group on the
Commemoration of the United States Senate Bicentenary. It shall seek to
coordinate Senate bicentennial activities with related organizations
outside the Senate, including the Commission on the United States House
of Representatives Bicentenary and the Commission on the Bicentennial of
the United States Constitution.
Sec. 6. Staff and Support
(a) In General.--The Commission shall have the staff support and the
expertise of Senate support staff including the Senate Historical Office
and the Office of Senate Curator, under the jurisdiction of the
Secretary of the Senate, and the assistance of the United States Senate
Commission on Art. The Chairman shall designate an Executive Secretary
of the Commission.
(b) Services of Consultant.--In carrying out its functions, the
Commission may, with the prior approval of the Senate Committee on Rules
and Administration, procure the temporary (not to exceed one year) or
intermittent service of individual consultants, or organizations
thereof, in the same manner and under the same conditions as a standing
committee of the Senate may procure such services.
(c) Guest Speakers.--In carrying out its functions, the Commission
is authorized to engage the services of guest speakers and provide such
speakers (other than speakers who are Members of Congress or officers or
employees of the United States) with appropriate honoraria,
transportation expenses, and per diem in lieu of subsistence.
Sec. 7. Payment of Expenses
(a) Payment Out of the Contingent Fund.--The actual and necessary
expenses of the Commission, including official reception and
representation expenses, the employment of staff at an annual rate of
pay, and the employment of consultants at a rate not to exceed the
maximum daily rate for a standing committee of the Senate, shall be paid
from the Contingent Fund of the Senate, out of the account of
Miscellaneous Items, upon vouchers approved by the Chairman of the
Commission or his designee; except that no voucher shall be required to
pay the salary of any employee who is compensated at an annual rate of
pay. This subsection is effective with respect to expenditures incurred
on or after the date of agreement to Senate Resolution 293, 100th
Congress.
(b) Authority of the Secretary of the Senate.--The Secretary of the
Senate is authorized to advance such sums as may be necessary to defray
the expenses incurred in carrying out the provisions of this resolution.
Sec. 8. Private Sector Task Force
The Commission shall seek to assemble a private sector task force to
explore ideas and funding from private sources for appropriate projects
to commemorate the bicentennial.
Sec. 9. Reports
The Commission may submit periodic reports on its activities to the
Senate and shall submit a final report at the time of its termination.
Sec. 10. Termination of Commission
The Commission shall cease to exist at the end of the one hundred
and second Congress.
Sec. 11. Repeal of Senate Resolution 352
Senate Resolution 352, agreed to April 11, 1986, is repealed.
________________________________________________________________________
IV. Statutes, Resolutions, and Provisions of the Standing Rules of the
Senate Applicable to Committee Procedures
________________________________________________________________________
Authority and Rules of Senate Committees
Rule XXVI
RULE XXVI OF THE STANDING RULES OF THE SENATE
Committee Procedure
1.\1\ Each standing committee, including any subcommittee of any
such committee, is authorized to hold such hearings, to sit and act at
such times and places during the sessions, recesses, and adjourned
periods of the Senate, to require by subpoena or otherwise the
attendance of such witnesses and the production of such correspondence,
books, papers, and documents, to take such testimony and to make such
expenditures out of the contingent fund of the Senate as may be
authorized by resolutions of the Senate. Each such committee may make
investigations into any matter within its jurisdiction, may report such
hearings as may be had by it, and may employ stenographic assistance at
a cost not exceeding the amount prescribed by the Committee on Rules and
Administration.\2\ The expenses of the committee shall be paid from the
contingent fund of the Senate upon vouchers approved by the chairman.
\1\ As amended, S. Res. 281, 96-2, Mar. 11, 1980 (effective Feb. 28,
1981).
\2\ Pursuant to section 68c of title 2, United States Code, the
Committee on Rules and Administration issues ``Regulations Governing
Rates Payable to Commerical Reporting Firms for Reporting Committee
Hearings in the Senate.'' Copies of the regulations currently in effect
may be obtained from the Committee.
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2.\3\ Each committee \4\ shall adopt rules (not inconsistent with
the Rules of the Senate) governing the procedure of such committee. The
rules of each committee shall be published in the Congressional Record
not later than March 1 of the first year of each Congress, except that
if any such committee is established on or after February 1 of a year,
the rules of that committee during the year of establishment shall be
published in the Congressional Record not later than sixty days after
such establishment. Any amendment to the rules of a committee shall not
take effect until the amendment is published in the Congressional
Record.
\3\ As amended, S. Res. 250, 101-2 (Mar. 1, 1990).
\4\ The term ``each committee'' when used in these rules includes
standing, select, and special committees unless otherwise specified.
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3. Each standing committee (except the Committee on Appropriations)
shall fix regular weekly, biweekly, or monthly meeting days for the
transaction of business before the committee and additional meetings may
be called by the chairman as he may deem necessary. If at least three
members of any such committee desire that a special meeting of the
committee be called by the chairman, those members may file in the
offices of the committee their written request to the chairman for that
special meeting. Immediately upon the filing of the request, the clerk
of the committee shall notify the chairman of the filing of the request.
If, within three calendar days after the filing of the request, the
chairman does not call the requested special meeting, to be held within
seven calendar days after the filing of the request, a majority of the
members of the committee may file in the offices of the committee their
written notice that a special meeting of the committee will be held,
specifying the date and hour of that special meeting. The committee
shall meet on that date and hour. Immediately upon the filing of the
notice, the clerk of the committee shall notify all members of the
committee that such special meeting will be held and inform them of its
date and hour. If the chairman of any such committee is not present at
any regular, additional, or special meeting of the committee, the
ranking member of the majority party on the committee who is present
shall preside at that meeting.
4. (a) Each committee (except the Committee on Appropriations and
the Committee on the Budget) shall make public announcement of the date,
place, and subject matter of any hearing to be conducted by the
committee on any measure or matter at least one week before the
commencement of that hearing unless the committee determines that there
is good cause to begin such hearing at an earlier date.
(b) Each committee (except the Committee on Appropriations) shall
require each witness who is to appear before the committee in any
hearing to file with the clerk of the committee, at least one day before
the date of the appearance of that witness, a written statement of his
proposed testimony unless the committee chairman and the ranking
minority member determine that there is good cause for noncompliance. If
so requested by any committee, the staff of the committee shall prepare
for the use of the members of the committee before each day of hearing
before the committee a digest of the statements which have been so filed
by witnesses who are to appear before the committee on that day.
(c) After the conclusion of each day of hearing, if so requested by
any committee, the staff shall prepare for the use of the Members of the
committee a summary of the testimony given before the committee on that
day. After approval by the chairman and the ranking minority member of
the committee, each such summary may be printed as a part of the
committee hearings if such hearings are ordered by the committee to be
printed.
(d) Whenever any hearing is conducted by a committee (except the
Committee on Appropriations) upon any measure or matter, the minority on
the committee shall be entitled, upon request made by a majority of the
minority members to the chairman before the completion of such hearing,
to call witnesses selected by the minority to testify with respect to
the measure or matter during at least one day of hearing thereon.
5. (a) Notwithstanding any other provision of the rules, when the
Senate is in session, no committee of the Senate or any subcommittee
thereof may meet, without special leave, after the conclusion of the
first two hours after the meeting of the Senate commenced and in no case
after two o'clock postmeridian unless consent therefor has been obtained
from the majority leader and the minority leader (or in the event of the
absence of either of such leaders, from his designee). The prohibition
contained in the preceding sentence shall not apply to the Committee on
Appropriations or the Committee on the Budget. The majority leader or
his designee shall announce to the Senate whenever consent has been
given under this subparagraph and shall state the time and place of such
meeting. The right to make such announcement of consent shall have the
same priority as the filing of a cloture motion.
(b) Each meeting of a committee, or any subcommittee thereof,
including meetings to conduct hearings, shall be open to the public,
except that a meeting or series of meetings by a committee or a
subcommittee thereof on the same subject for a period of no more than
fourteen calendar days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether the matters
enumerated in clauses (1) through (6) would require the meeting to be
closed, followed immediately by a record vote in open session by a
majority of the Members of committee or subcommittee when it is
determined that the matters to be discussed or the testimony to be taken
at such meeting or meetings--
(1) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of the
foreign relations of the United States;
(2) will relate solely to matters of committee staff personnel
or internal staff management or procedure;
(3) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the trade secrets of
financial or commercial information pertaining specifically to a
given person if--
(A) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(B) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person; or
(6) may divulge matters required to be kept confidential under
other provisions of law or Government regulations.
(c) Whenever any hearing conducted by any such committee or
subcommittee is open to the public, that hearing may be broadcast by
radio or television, or both, under such rules as the committee or
subcommittee may adopt.
(d) Whenever disorder arises during a committee meeting that is open
to the public, or any demonstration of approval or disapproval is
indulged in by any person in attendance at any such meeting, it shall be
the duty of the Chair to enforce order on his own initiative and without
any point of order being made by a Senator. When the Chair finds it
necessary to maintain order, he shall have the power to clear the room,
and the committee may act in closed session for so long as there is
doubt of the assurance of order.
(e) Each committee shall prepare and keep a complete transcript or
electronic recording adequate to fully record the proceeding of each
meeting or conference whether or not such meeting or any part thereof is
closed under this paragraph, unless a majority of its members vote to
forgo such a record.
6. Morning meetings of committees and subcommittees thereof shall be
scheduled for one or both of the periods prescribed in this paragraph.
The first period shall end at eleven o'clock antemeridian. The second
period shall begin at eleven o'clock antemeridian and end at two o'clock
postmeridian.
7. (a)(1) Except as provided in this paragraph, each committee, and
each subcommittee thereof is authorized to fix the number of its members
(but not less than one-third of its entire membership) who shall
constitute a quorum thereof for the transaction of such business as may
be considered by said committee, except that no measure or matter or
recommendation shall be reported from any committee unless a majority of
the committee were physically present.
(2) Each such committee, or subcommittee, is authorized to fix a
lesser number than one-third of its entire membership who shall
constitute a quorum thereof for the purpose of taking sworn testimony.
(3) The vote of any committee to report a measure or matter shall
require the concurrence of a majority of the members of the committee
who are present. No vote of any member of any committee to report a
measure or matter may be cast by proxy if rules adopted by such
committee forbid the casting of votes for that purpose by proxy;
however, proxies may not be voted when the absent committee member has
not been informed of the matter on which he is being recorded and has
not affirmatively requested that he be so recorded. Action by any
committee in reporting any measure or matter in accordance with the
requirements of this subparagraph shall constitute the ratification by
the committee of all action theretofore taken by the committee with
respect to that measure or matter, including votes taken upon the
measure or matter or any amendment thereto, and no point of order shall
lie with respect to that measure or matter on the ground that such
previous action with respect thereto by such committee was not taken in
compliance with such requirements.
(b) Each committee (except the Committee on Appropriations) shall
keep a complete record of all committee action. Such record shall
include a record of the votes on any question on which a record vote is
demanded. The results of rollcall votes taken in any meeting of any
committee upon any measure, or any amendment thereto, shall be announced
in the committee report on that measure unless previously announced by
the committee, and such announcement shall include a tabulation of the
votes cast in favor of and the votes cast in opposition to each such
measure and amendment by each member of the committee who was present at
that meeting.
(c) Whenever any committee by rollcall vote reports any measure or
matter, the report of the committee upon such measure or matter shall
include a tabulation of the votes cast by each member of the committee
in favor of and in opposition to such measure or matter. Nothing
contained in this subparagraph shall abrogate the power of any committee
to adopt rules--
(1) providing for proxy voting on all matters other than the
reporting of a measure or matter, or
(2) providing in accordance with subparagraph (a) for a lesser
number as a quorum for any action other than the reporting of a
measure or matter.
8. (a) In order to assist the Senate in--
(1) its analysis, appraisal, and evaluation of the
application, administration, and execution of the laws enacted
by the Congress, and
(2) its formulation, consideration, and enactment of such
modifications of or changes in those laws, and of such
additional legislation, as may be necessary or appropriate,
each standing committee (except the Committees on Appropriations and the
Budget), shall review and study, on a continuing basis the application,
administration, and execution of those laws, or parts of laws, the
subject matter of which is within the legislative jurisdiction of that
committee. Such committees may carry out the required analysis,
appraisal, and evaluation themselves, or by contract, or may require a
Government agency to do so and furnish a report thereon to the Senate.
Such committees may rely on such techniques as pilot testing, analysis
of costs in comparison with benefits, or provision for evaluation after
a defined period of time.
(b) In each odd-numbered year, each such committee shall submit, not
later than March 31, to the Senate, a report on the activities of that
committee under this paragraph during the Congress ending at noon on
January 3 of such year.
9.\5\ (a) Except as provided in subparagraph (b), each committee
shall report one authorization resolution each year authorizing the
committee to make expenditures out of the contingent fund of the Senate
to defray its expenses, including the compensation of members of its
staff and agency contributions related to such compensation, during the
period beginning on March 1 of such year and ending on the last day of
February of the following year. Such annual authorization resolution
shall be reported not later than January 31 of each year, except that,
whenever the designation of members of standing committees of the Senate
occurs during the first session of a Congress at a date later than
January 20, such resolution may be reported at any time within thirty
days after the date on which the designation of such members is
completed. After the annual authorization resolution of a committee for
a year has been agreed to, such committee may procure authorization to
make additional expenditures out of the contingent fund of the Senate
during that year only by reporting a supplemental authorization
resolution. Each supplemental authorization resolution reported by a
committee shall amend the annual authorization resolution of such
committee for that year and shall be accompanied by a report specifying
with particularity the purpose for which such authorization is sought
and the reason why such authorization could not have been sought at the
time of the submission by such committee of its annual authorization
resolution for that year.
\5\ As amended, S. Res. 281, 96-2, Mar. 11, 1980 (effective Jan. 1,
1981); S. Res. 479, 100-2 Sept. 30, 1988.
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(b) In lieu of the procedure provided in subparagraph (a), the
Committee on Rules and Administration may--
(1) direct each committee to report an authorization
resolution for a two year budget period beginning on March 1 of
the first session of a Congress; and
(2) report one authorization resolution containing more than
one committee authorization for a one year or two year budget
period.
10. (a) All committee hearings, records, data, charts, and files
shall be kept separate and distinct from the congressional office
records of the member serving as chairman of the committee; and such
records shall be the property of the Senate and all members of the
committee and the Senate shall have access to such records. Each
committee is authorized to have printed and bound such testimony and
other data presented at hearings held by the committee.
(b) It shall be the duty of the chairman of each committee to report
or cause to be reported promptly to the Senate any measure approved by
his committee and to take or cause to be taken necessary steps to bring
the matter to a vote. In any event, the report of any committee upon a
measure which has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the Senate is not in
session) after the day on which there has been filed with the clerk of
the committee a written and signed request of a majority of the
committee for the reporting of that measure. Upon the filing of any such
request, the clerk of the committee shall transmit immediately to the
chairman of the committee notice of the filing of that request. This
subparagraph does not apply to the Committee on Appropriations.
(c) If at the time of approval of a measure or matter by any
committee (except for the Committee on Appropriations), any Member of
the committee gives notice of intention to file supplemental, minority,
or additional views, that member shall be entitled to not less than
three calendar days in which to file such views, in writing, with the
clerk of the committee. All such views so filed by one or more members
of the committee shall be included within, and shall be a part of, the
report filed by the committee with respect to that measure or matter.
The report of the committee upon that measure or matter shall be printed
in a single volume which--
(1) shall include all supplemental, minority, or additional
views which have been submitted by the time of the filing of the
report, and
(2) shall bear upon its cover a recital that supplemental,
minority, or additional views are included as part of the
report.
This subparagraph does not preclude--
(A) the immediate filing and printing of a committee report
unless timely request for the opportunity to file supplemental,
minority, or additional views has been made as provided by this
subparagraph; or
(B) the filing by any such committee of any supplemental
report upon any measure or matter which may be required for the
correction of any technical error in a previous report made by
that committee upon that measure or matter.
11. (a) The report accompanying each bill or joint resolution of a
public character reported by any committee (except the Committee on
Appropriations and the Committee on the Budget) shall contain--
(1) an estimate, made by such committee, of the costs which
would be incurred in carrying out such bill or joint resolution
in the fiscal year in which it is reported and in each of the
five fiscal years following such fiscal year (or for the
authorized duration of any program authorized by such bill or
joint resolution, if less than five years), except that, in the
case of measures affecting the revenues, such reports shall
require only an estimate of the gain or loss in revenues for a
one-year period; and
(2) a comparison of the estimate of costs described in
subparagraph (1) made by such committee with any estimate of
costs made by any Federal agency; or
(3) in lieu of such estimate or comparison, or both, a
statement of the reasons why compliance by the committee with
the requirements of subparagraph (1) or (2), or both, is
impracticable.
(b) Each such report (except those by the Committee on
Appropriations) shall also contain--
(1) an evaluation, made by such committee, of the regulatory
impact which would be incurred in carrying out the bill or joint
resolution. The evaluation shall include (A) an estimate of the
numbers of individuals and businesses who would be regulated and
a determination of the groups and classes of such individuals
and businesses, (B) a determination of the economic impact of
such regulation on the individuals, consumers, and businesses
affected, (C) a determination of the impact on the personal
privacy of the individuals affected, and (D) a determination of
the amount of additional paperwork that will result from the
regulations to be promulgated pursuant to the bill or joint
resolution, which determination may include, but need not be
limited to, estimates of the amount of time and financial costs
required of affected parties, showing whether the effects of the
bill or joint resolution could be substantial, as well as
reasonable estimates of the recordkeeping requirements that may
be associated with the bill or joint resolution; or
(2) in lieu of such evaluation, a statement of the reasons why
compliance by the committee with the requirements of clause (1)
is impracticable.
(c) It shall not be in order for the Senate to consider any such
bill or joint resolution if the report of the committee on such bill or
joint resolution does not comply with the provisions of subparagraphs
(a) and (b) on the objection of any Senator.
12. Whenever a committee reports a bill or a joint resolution
repealing or amending any statute or part thereof it shall make a report
thereon and shall include in such report or in an accompanying document
(to be prepared by the staff of such committee) (a) the text of the
statute or part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution making
the amendment and of the statute or part thereof proposed to be amended,
showing by stricken-through type and italics, parallel columns, or other
appropriate typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in the form
recommended by the committee. This paragraph shall not apply to any such
report in which it is stated that, in the opinion of the committee, it
is necessary to dispense with the requirements of this subsection to
expedite the business of the Senate.
13. (a) Each committee (except the Committee on Appropriations)
which has legislative jurisdiction shall, in its consideration of all
bills and joint resolutions of a public character within its
jurisdiction, endeavor to insure that--
(1) all continuing programs of the Federal Government and of
the government of the District of Columbia, within the
jurisdiction of such committee or joint committee, are designed;
and
(2) all continuing activities of Federal agencies, within the
jurisdiction of such committee or joint committee, are carried
on;
so that, to the extent consistent with the nature, requirements, and
objectives of those programs and activities, appropriations therefor
will be made annually.
(b) Each committee (except the Committee on Appropriations) shall
with respect to any continuing program within its jurisdiction for which
appropriations are not made annually, review such program, from time to
time, in order to ascertain whether such program could be modified so
that appropriations therefor would be made annually.
Authority and Rules of Senate Committees
Rule XXVII
RULE XXVII OF THE STANDING RULES OF THE SENATE
Committee Staff
1.\1\ Staff members appointed to assist minority members of
committees pursuant to authority of a resolution described in paragraph
9 of rule XXVI or other Senate resolution shall be accorded equitable
treatment with respect to the fixing of salary rates, the assignment of
facilities, and the accessibility of committee records.
\1\ As amended, S. Res. 281, 96-2, Mar. 11, 1980 (effective Feb. 28,
1981). Pursuant to S. Res. 281, paragraph 1 of rule XXVII was repealed.
Accordingly, subparagraphs (a), (b), (c), and (d) of paragraph 2 were
renumbered as paragraphs 1, 2, 3, and 4, respectively.
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2. The minority shall receive fair consideration in the appointment
of staff personnel pursuant to authority of a resolution described in
paragraph 9 of rule XXVI.
3. The staffs of committees (including personnel appointed pursuant
to authority of a resolution described in paragraph 9 of rule XXVI or
other Senate resolution) should reflect the relative number of majority
and minority members of committees. A majority of the minority members
of any committee may, by resolution, request that at least one-third of
all funds of the committee for personnel (other than those funds
determined by the chairman and ranking minority member to be allocated
for the administrative and clerical functions of the committee as a
whole) be allocated to the minority members of such committee for
compensation of minority staff as the minority members may decide. The
committee shall thereafter adjust its budget to comply with such
resolution. Such adjustment shall be equitably made over a four-year
period, commencing July 1, 1977, with not less than one-half being made
in two years. Upon request by a majority of the minority members of any
committee by resolution, proportionate space, equipment, and facilities
shall be provided for such minority staff.
4. No committee shall appoint to its staff any experts or other
personnel detailed or assigned from any department or agency of the
Government, except with the written permission of the Committee on Rules
and Administration.
Authority and Rules of Senate Committees
Administration of Oaths to Witnesses
ADMINISTRATION OF OATHS TO WITNESSES \1\
\1\ Although no form of oath for witnesses is prescribed by Senate
rule, the customary oath is as follows: ``Do you swear to tell the
truth, the whole truth, and nothing but the truth, so help you God?''
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Title 2, United States Code--The Congress
Sec. 23. Presiding officer of Senate may administer oaths
The presiding officer, for the time being, of the Senate of the
United States, shall have power to administer all oaths and affirmations
that are or may be required by the Constitution, or by law, to be taken
by any Senator, officer of the Senate, witness, or other person, in
respect to any matter within the jurisdiction of the Senate.
(Apr. 18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
Sec. 24. Secretary of Senate or Assistant Secretary may administer
oaths
The Secretary of the Senate, and the assistant secretary thereof,
shall, respectively, have power to administer any oath or affirmation
required by law, or by the rules or orders of the Senate, to be taken by
any officer of the Senate, and to any witness produced before it.
(Apr. 18, 1876, ch. 66, Sec. 2, 19 Stat. 34; amended, Pub. L. 92-51,
Sec. 101, July 9, 1971, 85 Stat. 126.)
Sec. 191. Oaths to witnesses
The President of the Senate, the Speaker of the House of
Representatives, or a chairman of any joint committee established by a
joint or concurrent resolution of the two Houses of Congress, or of a
committee of the whole, or of any committee of either House of Congress,
is empowered to administer oaths to witnesses in any case under their
examination.
Any member of either House of Congress may administer oaths to
witnesses in any matter depending in either House of Congress of which
he is a Member, or any committee thereof.
(R.S. Sec. 101; June 26, 1884, ch. 123, 23 Stat. 60; June 22, 1938, ch.
594, 52 Stat. 942, 943.)
Authority and Rules of Senate Committees
Paying Witness Expenses
PAYING WITNESS EXPENSES
Title 2, United States Code--The Congress
Sec. 195a. Restriction on payment of witness fees or travel and
subsistence expenses to persons subpoenaed by
Congressional committees
No part of any appropriation disbursed by the Secretary of the
Senate shall be available on and after July 12, 1960, for the payment to
any person, at the time of the service upon him of a subpoena requiring
his attendance at any inquiry or hearing conducted by any committee of
the Congress or of the Senate or any subcommittee of any such committee,
of any witness fee or any sum of money as an advance payment of any
travel or subsistence expense which may be incurred by such person in
responding to that subpoena.
(Pub. L. 86-628, Sec. 101, July 12, 1960, 74 Stat. 449.)
______
S. Res. 259, 100th Cong., 1st Sess. (1987)
reimbursement of expenses
Resolved, That witnesses appearing before the Senate or any of its
committees may be authorized reimbursement for per diem expenses
incurred for each day while traveling to and from the place of
examination and for each day in attendance. Such reimbursement shall be
made on an actual expense basis which shall not exceed the daily rate
prescribed by the Committee on Rules and Administration, unless such
limitation is specifically waived by such committee. A witness may also
be authorized reimbursement of the actual and necessary transportation
expenses incurred by the witness in traveling to and from the place of
examination.
* * * * * * *
Authority and Rules of Senate Committees
Criminal and Civil Enforcement of Senate Subpoenas
CRIMINAL AND CIVIL ENFORCEMENT OF SENATE SUBPOENAS
Title 2, United States Code--The Congress
Sec. 192. Refusal of witness to testify or produce papers
Every person who having been summoned as a witness by the authority
of either House of Congress to give testimony or to produce papers upon
any matter under inquiry before either House, or any joint committee
established by a joint or concurrent resolution of the two Houses of
Congress, or any committee of either House of Congress, willfully makes
default, or who, having appeared, refuses to answer any question
pertinent to the question under inquiry, shall be deemed guilty of a
misdemeanor, punishable by a fine of not more than $1,000 nor less than
$100 and imprisonment in a common jail for not less than one month nor
more than twelve months.
(R.S. Sec. 102; June 22, 1938, ch. 594, 52 Stat. 942.)
Sec. 194. Certification of failure to testify or produce; grand jury
action
Whenever a witness summoned as mentioned in section 192 of this
title fails to appear to testify or fails to produce any books, papers,
records, or documents, as required, or whenever any witness so summoned
refuses to answer any question pertinent to the subject under inquiry
before either House, or any joint committee established by a joint or
concurrent resolution of the two Houses of Congress, or any committee or
subcommittee of either House of Congress, and the fact of such failure
or failures is reported to either House while Congress is in session or
when Congress is not in session, a statement of fact constituting such
failure is reported to and filed with the President of the Senate or the
Speaker of the House, it shall be the duty of the said President of the
Senate or Speaker of the House, as the case may be, to certify, and he
shall so certify, the statement of facts aforesaid under the seal of the
Senate or House, as the case may be, to the appropriate United States
attorney, whose duty it shall be to bring the matter before the grand
jury for its action.
(R.S. Sec. 104; July 13, 1936, ch. 884, 49 Stat. 2041; June 22, 1938,
ch. 594, 52 Stat. 942.)
Sec. 288b. Requirements for authorizing representation activity [by
Senate Legal Counsel]
* * * * * * *
(b) Civil action to enforce subpoena
The [Senate Legal] Counsel shall bring a civil action to enforce a
subpoena of the Senate or a committee or subcommittee of the Senate
under section 288d of this title only when directed to do so by the
adoption of a resolution by the Senate.
* * * * * * *
Sec. 288d. Enforcement of Senate subpoena or order
(a) Institution of civil actions
When directed to do so pursuant to section 288b(b) of this title,
the [Senate Legal] Counsel shall bring a civil action under any statute
conferring jurisdiction on any court of the United States (including
section 1365 of title 28), to enforce, to secure a declaratory judgment
concerning the validity of, or to prevent a threatened failure or
refusal to comply with, any subpoena or order issued by the Senate or a
committee or a subcommittee of the Senate authorized to issue a subpoena
or order.
(b) Actions in name of committees and subcommittees
Any directive to the [Senate Legal] Counsel to bring a civil action
pursuant to subsection (a) of this section in the name of a committee or
subcommittee of the Senate shall, for such committee or subcommittee,
constitute authorization to bring such action within the meaning of any
statute conferring jurisdiction on any court of the United States.
(c) Consideration of resolutions authorizing actions
It shall not be in order in the Senate to consider a resolution to
direct the [Senate Legal] Counsel to bring a civil action pursuant to
subsection (a) of this section in the name of a committee or
subcommittee unless--
(1) such resolution is reported by a majority of the members
voting, a majority being present, of such committee or committee
of which such subcommittee is a subcommittee, and
(2) the report filed by such committee or committee of which
such subcommittee is a subcommittee contains a statement of--
(A) the procedure followed in issuing such subpoena;
(B) the extent to which the party subpoenaed has
complied with such subpoena;
(C) any objections or privileges raised by the
subpoenaed party; and
(D) the comparative effectiveness of bringing a civil
action under this section, certification of a criminal
action for contempt of Congress, and initiating a
contempt proceeding before the Senate.
(d) Rules of Senate
The provisions of subsection (c) of this section are enacted--
(1) as an exercise of the rulemaking power of the Senate, and,
as such, they shall be considered as part of the rules of the
Senate, and such rules shall supersede any other rule of the
Senate only to the extent that rule is inconsistent therewith;
and
(2) with full recognition of the constitutional right of the
Senate to change such rules (so far as relating to the procedure
in the Senate) at any time, in the same manner, and to the same
extent as in the case of any other rule of the Senate.
(e) Committee reports
A report filed pursuant to subsection (c)(2) of this section shall
not be receivable in any court of law to the extent such report is in
compliance with such subsection.
(f) Certification of failure to testify; contempt
Nothing in this section shall limit the discretion of--
(1) the President pro tempore of the Senate in certifying to
the United States Attorney for the District of Columbia any
matter pursuant to section 194 of this title; or
(2) the Senate to hold any individual or entity in contempt of
the Senate.
(Pub. L. 95-521, title VII, Sec. 705(a)-(e), (g), Oct. 26, 1978, 92
Stat. 1878, 1880, as amended by Pub. L. 99-336, Sec. 6(a)(2), June 19,
1986, 100 Stat. 639.)
______
Title 28, United States Code--Judiciary and Judicial Procedure
Sec. 1365. Senate actions
(a) The United States District Court for the District of Columbia
shall have original jurisdiction, without regard to the amount in
controversy, over any civil action brought by the Senate or any
authorized committee or subcommittee of the Senate to enforce, to secure
a declaratory judgment concerning the validity of, or to prevent a
threatened refusal or failure to comply with, any subpoena or order
issued by the Senate or committee or subcommittee of the Senate to any
entity acting or purporting to act under color or authority of State law
or to any natural person to secure the production of documents or other
materials of any kind or the answering of any deposition or
interrogatory or to secure testimony or any combination thereof. This
section shall not apply to an action to enforce, to secure a declaratory
judgment concerning the validity of, or to prevent a threatened refusal
to comply with, any subpoena or order issued to an officer or employee
of the Federal Government acting within his official capacity.
(b) Upon application by the Senate or any authorized committee or
subcommittee of the Senate, the district court shall issue an order to
an entity or person refusing, or failing to comply with, or threatening
to refuse or not to comply with, a subpoena or order of the Senate or
committee or subcommittee of the Senate requiring such entity or person
to comply forthwith. Any refusal or failure to obey a lawful order of
the district court issued pursuant to this section may be held by such
court to be a contempt thereof. A contempt proceeding shall be commenced
by an order to show cause before the court why the entity or person
refusing or failing to obey the court order should not be held in
contempt of court. Such contempt proceeding shall be tried by the court
and shall be summary in manner. The purpose of sanctions imposed as a
result of such contempt proceeding shall be to compel obedience to the
order of the court. Process in any such action or contempt proceeding
may be served in any judicial district wherein the entity or party
refusing, or failing to comply, or threatening to refuse or not to
comply, resides, transacts business, or may be found, and subpoenas for
witnesses who are required to attend such proceeding may run into any
other district. Nothing in this section shall confer upon such court
jurisdiction to affect by injunction or otherwise the issuance or effect
of any subpoena or order of the Senate or any committee or subcommittee
of the Senate or to review, modify, suspend, terminate, or set aside any
such subpoena or order. An action, contempt proceeding, or sanction
brought or imposed pursuant to this section shall not abate upon
adjournment sine die by the Senate at the end of a Congress if the
Senate or the committee or subcommittee of the Senate which issued the
subpoena or order certifies to the court that it maintains its interest
in securing the documents, answers, or testimony during such
adjournment.
[(c) Repealed. Pub. L. 98-620, title IV, Sec. 402(29)(D), Nov. 8,
1984, 98 Stat. 3359.]
(d) The Senate or any committee or subcommittee of the Senate
commencing and prosecuting a civil action or contempt proceeding under
this section may be represented in such action by such attorneys as the
Senate may designate.
(e) A civil action commenced or prosecuted under this section, may
not be authorized pursuant to the Standing Order of the Senate
``authorizing suits by Senate Committees'' (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term ``committee'' includes
standing, select, or special committees of the Senate established by law
or resolution.
(Added Pub. L. 95-521, title VII, Sec. 705(f)(1), Oct. 26, 1978, 92
Stat. 1879, Sec. 1364, and amended Pub. L. 98-620, title IV, Sec.
402(29)(D), Nov. 8, 1984, 98 Stat. 3359; renumbered Sec. 1365, Pub. L.
99-336, Sec. 6(a)(1)(B), June 19, 1986, 100 Stat. 638.)
Authority and Rules of Senate Committees
Immunity for Witnesses
IMMUNITY FOR WITNESSES
Title 2, United States Code--The Congress
Sec. 288b. Requirements for authorizing representation activity [by
Senate Legal Counsel]
* * * * * * *
(d) Immunity proceedings
The [Senate Legal] Counsel shall serve as the duly authorized
representative in obtaining an order granting immunity under section
288f of this title of--
(1) the Senate when directed to do so by an affirmative vote
of a majority of the Members present of the Senate; or
(2) a committee or subcommittee of the Senate when directed to
do so by an affirmative vote of two-thirds of the members of the
full committee.
* * * * * * *
(Pub. L. 95-521, title VII, Sec. 703, Oct. 26, 1978, 92 Stat. 1877.)
Sec. 288f. Immunity proceedings
When directed to do so pursuant to section 288b(d) of this title,
the [Senate Legal] Counsel shall serve as the duly authorized
representative of the Senate or a committee or subcommittee of the
Senate in requesting a United States district court to issue an order
granting immunity pursuant to section 6005 of title 18.
(Pub. L. 95-521, title VII, Sec. 707, Oct. 26, 1978, 92 Stat. 1880.)
______
Title 18, United States Code--Crimes and Criminal Procedure
Sec. 6001. Definitions
* * * * * * *
(2) ``other information'' includes any book, paper, document,
record, recording, or other material;
* * * * * * *
(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84 Stat.
926.)
Sec. 6002. Immunity generally
Whenever a witness refuses, on the basis of his privilege against
self-incrimination, to testify or provide other information in a
proceeding before or ancillary to--
(1) a court or grand jury of the United States,
(2) an agency of the United States, or
(3) either House of Congress, a joint committee of the two
Houses, or a committee or a subcommittee of either House,
and the person presiding over the proceeding communicates to the witness
an order issued under this part, the witness may not refuse to comply
with the order on the basis of his privilege against self-incrimination;
but no testimony or other information compelled under the order (or any
information directly or indirectly derived from such testimony or other
information) may be used against the witness in any criminal case,
except a prosecution for perjury, giving a false statement, or otherwise
failing to comply with the order.
(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84 Stat.
927.)
Sec. 6005. Congressional proceedings
(a) In the case of any individual who has been or may be called to
testify or provide other information at any proceeding before either
House of Congress, or any committee, or any subcommittee of either
House, or any joint committee of the two Houses, a United States
district court shall issue, in accordance with subsection (b) of this
section, upon the request of a duly authorized representative of the
House of Congress or the committee concerned, an order requiring such
individual to give testimony or provide other information which he
refuses to give or provide on the basis of his privilege against self-
incrimination, such order to become effective as provided in section
6002 of this part.
(b) Before issuing an order under subsection (a) of this section, a
United States district court shall find that--
(1) in the case of a proceeding before either House of
Congress, the request for such an order has been approved by an
affirmative vote of a majority of the Members present of that
House;
(2) in the case of a proceeding before a committee or a
subcommittee of either House of Congress or a joint committee of
both Houses, the request for such an order has been approved by
an affirmative vote of two-thirds of the members of the full
committee; and
(3) ten days or more prior to the day on which the request for
such an order was made, the Attorney General was served with
notice of an intention to request the order.
(c) Upon application of the Attorney General, the United States
district court shall defer the issuance of any order under subsection
(a) of this section for such period, not longer than twenty days from
the date of the request for such order, as the Attorney General may
specify.
(Added Pub. L. 91-452, title II, Sec. 201(a), Oct. 15, 1970, 84 Stat.
928.)
Authority and Rules of Senate Committees
False Statements and Perjury
FALSE STATEMENTS AND PERJURY
Title 18, United States Code--Crimes and Criminal Procedure
Sec. 6. Department and agency defined
As used in this title:
The term ``department'' means one of the executive departments
enumerated in section 1 of Title 5, unless the context shows that such
term was intended to describe the executive, legislative, or judicial
branches of the government.
* * * * * * *
(June 25, 1948, ch. 645, 62 Stat. 685.)
Sec. 1001. Statements or entries generally
Whoever, in any matter within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, conceals
or covers up by any trick, scheme, or device a material fact, or makes
any false, fictitious or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same to contain
any false, fictitious or fraudulent statement or entry, shall be fined
not more than $10,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 749.)
Sec. 1621. Perjury generally
Whoever--
(1) having taken an oath before a competent tribunal, officer,
or person, in any case in which a law of the United States
authorizes an oath to be administered, that he will testify,
declare, depose, or certify truly, or that any written
testimony, declaration, deposition, or certificate by him
subscribed, is true, willfully and contrary to such oath states
or subscribes any material matter which he does not believe to
be true; or
(2) in any declaration, certificate, verification, or
statement under penalty of perjury as permitted under section
1746 of title 28, United States Code, willfully subscribes as
true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided
by law, be fined not more than $2,000 or imprisoned not more than five
years, or both. This section is applicable whether the statement or
subscription is made within or without the United States.
(June 25, 1948, ch. 645, 62 Stat. 773; Oct. 3, 1964, Pub. L. 88-619,
Sec. 1, 78 Stat. 995; Oct. 18, 1976, Pub. L. 94-550, Sec. 2, 90 Stat.
2534.)
Authority and Rules of Senate Committees
Obstructing Proceedings
OBSTRUCTING PROCEEDINGS
Title 18, United States Code--Crimes and Criminal Procedure
Sec. 1505. Obstruction of proceedings before departments, agencies, and
committees
* * * * * * *
Whoever corruptly, or by threats or force, or by any threatening
letter or communication influences, obstructs, or impedes or endeavors
to influence, obstruct, or impede the due and proper administration of
the law under which any pending proceeding is being had before any
department or agency of the United States, or the due and proper
exercise of the power of inquiry under which any inquiry or
investigation is being had by either House, or any committee of either
House or any joint committee of the Congress--
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962, Pub. L. 87-664,
Sec. 6(a), 76 Stat. 551; Oct. 15, 1970, Pub. L. 91-452, title IX, Sec.
903, 84 Stat. 947; Sept. 30, 1976, Pub. L. 94-435, title I, Sec. 105,
90 Stat. 1389; Oct. 12, 1982, Pub. L. 97-291, Sec. 4(d), 96 Stat.
1253.)
Sec. 1512. Tampering with a witness, victim, or an informant
(a)(1) Whoever kills or attempts to kill another person, with intent
to--
(A) prevent the attendance or testimony of any person in an
official proceeding;
(B) prevent the production of a record, document, or other
object, in an official proceeding; or
(C) prevent the communication by any person to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings;
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this subsection is--
(A) in the case of a killing, the punishment provided in
sections 1111 and 1112 of this title; and
(B) in the case of an attempt, imprisonment for not more than
twenty years.
(b) Whoever knowingly uses intimidation or physical force,
threatens, or corruptly persuades another person, or attempts to do so,
or engages in misleading conduct toward another person, with intent to--
(1) influence, delay, or prevent the testimony of any person
in an official proceeding;
(2) cause or induce any person to--
(A) withhold testimony, or withhold a record,
document, or other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object
with intent to impair the object's integrity or
availability for use in an official proceeding;
(C) evade legal process summoning that person to
appear as a witness, or to produce a record, document,
or other object, in an official proceeding; or
(D) be absent from an official proceeding to which
such person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings;
shall be fined not more than $250,000 or imprisoned not more than ten
years, or both.
(c) Whoever intentionally harasses another person and thereby
hinders, delays, prevents, or dissuades any person from--
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the
United States the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings;
(3) arresting or seeking the arrest of another person in
connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole or probation
revocation proceeding, to be sought or instituted, or assisting
in such prosecution or proceeding;
or attempts to do so, shall be fined not more than $25,000 or imprisoned
not more than one year, or both.
(d) In a prosecution for an offense under this section, it is an
affirmative defense, as to which the defendant has the burden of proof
by a preponderance of the evidence, that the conduct consisted solely of
lawful conduct and that the defendant's sole intention was to encourage,
induce, or cause the other person to testify truthfully.
(e) For the purposes of this section--
(1) an official proceeding need not be pending or about to be
instituted at the time of the offense; and
(2) the testimony, or the record, document, or other object
need not be admissible in evidence or free of a claim of
privilege.
(f) In a prosecution for an offense under this section, no state of
mind need be proved with respect to the circumstance--
(1) that the official proceeding before a judge, court,
magistrate, grand jury, or government agency is before a judge
or court of the United States, a United States magistrate, a
bankruptcy judge, a Federal grand jury, or a Federal Government
agency; or
(2) that the judge is a judge of the United States or that the
law enforcement officer is an officer or employee of the Federal
Government or a person authorized to act for or on behalf of the
Federal Government or serving the Federal Government as an
adviser or consultant.
(g) There is extraterritorial Federal jurisdiction over an offense
under this section.
(h) A prosecution under this section or section 1503 may be brought
in the district in which the official proceeding (whether or not pending
or about to be instituted) was intended to be affected or in the
district in which the conduct constituting the alleged offense occurred.
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1249 and
amended Pub. L. 99-646, Sec. 61, Nov. 10, 1986, 100 Stat. 3614; Pub. L.
100-690, title VII, Sec. 7029(a), (c), Nov. 18, 1988, 102 Stat. 4397,
4398.)
Sec. 1513. Retaliating against a witness, victim, or an informant
(a) Whoever knowingly engages in any conduct and thereby causes
bodily injury to another person or damages the tangible property of
another person, or threatens to do so, with intent to retaliate against
any person for--
(1) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible
commission of a Federal offense or a violation of conditions of
probation, parole, or release pending judicial proceedings given
by a person to a law enforcement officer;
or attempts to do so, shall be fined not more than $250,000 or
imprisoned not more than ten years, or both.
(b) There is extraterritorial Federal jurisdiction over an offense
under this section.
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250.)
Sec. 1515. Definitions for certain provisions
(a) As used in sections 1512 and 1513 of this title and in this
section--
(1) the term ``official proceeding'' means--
(A) a proceeding before a judge or court of the United
States, a United States magistrate, a bankruptcy judge,
a judge of the United States Tax Court, a special trial
judge of the Tax Court, a judge of the United States
Claims Court, or a Federal grand jury;
(B) a proceeding before the Congress; or
(C) a proceeding before a Federal Government agency
which is authorized by law;
(2) the term ``physical force'' means physical action against
another, and includes confinement;
(3) the term ``misleading conduct'' means--
(A) knowingly making a false statement;
(B) intentionally omitting information from a
statement and thereby causing a portion of such
statement to be misleading, or intentionally concealing
a material fact, and thereby creating a false impression
by such statement;
(C) with intent to mislead, knowingly submitting or
inviting reliance on a writing or recording that is
false, forged, altered, or otherwise lacking in
authenticity;
(D) with intent to mislead, knowingly submitting or
inviting reliance on a sample, specimen, map,
photograph, boundary mark, or other object that is
misleading in a material respect; or
(E) knowingly using a trick, scheme, or device with
intent to mislead;
(4) the term ``law enforcement officer'' means an officer or
employee of the Federal Government, or a person authorized to
act for or on behalf of the Federal Government or serving the
Federal Government as an adviser or consultant--
(A) authorized under law to engage in or supervise the
prevention, detection, investigation, or prosecution of
an offense; or
(B) serving as a probation or pretrial services
officer under this title;
(5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member,
organ, or mental faculty; or
(E) any other injury to the body, no matter how
temporary, and
(6) the term ``corruptly persuades'' does not include conduct
which would be misleading conduct but for a lack of a state of
mind.
(b) This chapter does not prohibit or punish the providing of
lawful, bona fide, legal representation services in connection with or
anticipation of an official proceeding.
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1252 and
amended Pub. L. 99-646, Sec. 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub.
L. 100-690, title VII, Sec. 7029(b), (d), Nov. 18, 1988, 102 Stat.
4398.)
Authority and Rules of Senate Committees
Obtaining Tax Return Information
OBTAINING TAX RETURN INFORMATION
Title 26, United States Code--Internal Revenue Code
Sec. 6103. Confidentiality and disclosure of returns and return
information
(a) General rule
Returns and return information shall be confidential, and except as
authorized by this title--
(1) no officer or employee of the United States,
(2) no officer or employee of any State, any local child
support enforcement agency, or any local agency administering a
program listed in subsection (l)(7)(D) who has or had access to
returns or return information under this section, and
(3) no other person (or officer or employee thereof) who has
or had access to returns or return information under subsection
(e)(1)(D)(iii), (l)(12),\1\ paragraph (2) or (4)(B) of
subsection (m), or subsection (n),
\1\ So in original. Probably should be ``subsection (l)(12),''.
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shall disclose any return or return information obtained by him in any
manner in connection with his service as such an officer or an employee
or otherwise or under the provisions of this section. For purposes of
this subsection, the term ``officer or employee'' includes a former
officer or employee.
(b) Definitions
For purposes of this section--
(1) Return
The term ``return'' means any tax or information return,
declaration of estimated tax, or claim for refund required by,
or provided for or permitted under, the provisions of this title
which is filed with the Secretary by, on behalf of, or with
respect to any person, and any amendment or supplement thereto,
including supporting schedules, attachments, or lists which are
supplemental to, or part of, the return so filed.
(2) Return information
The term ``return information'' means--
(A) a taxpayer's identity, the nature, source, or
amount of his income, payments, receipts, deductions,
exemptions, credits, assets, liabilities, net worth, tax
liability, tax withheld, deficiencies, over-assessment,
or tax payments, whether the taxpayer's return was, is
being, or will be examined or subject to other
investigation or processing, or any other data, received
by, recorded by, prepared by, furnished to, or collected
by the Secretary with respect to a return or with
respect to the determination of the existence, or
possible existence, of liability (or the amount thereof)
of any person under this title for any tax, penalty,
interest, fine, forfeiture, or other imposition, or
offense, and
(B) any part of any written determination or any
background file document relating to such written
determination (as such terms are defined in section
6110(b)) which is not open to public inspection under
section 6110,
but such term does not include data in a form which cannot be
associated with, or otherwise identify, directly or indirectly,
a particular taxpayer. Nothing in the preceding sentence, or in
any other provision of law, shall be construed to require the
disclosure of standards used or to be used for the selection of
returns for examination, or data used or to be used for
determining such standards, if the Secretary determines that
such disclosure will seriously impair assessment, collection, or
enforcement under the internal revenue laws.
(3) Taxpayer return information
The term ``taxpayer return information'' means return
information as defined in paragraph (2) which is filed with, or
furnished to, the Secretary by or on behalf of the taxpayer to
whom such return information relates.
* * * * * * *
(6) Taxpayer identity
The term ``taxpayer identity'' means the name of a person with
respect to whom a return is filed, his mailing address, his
taxpayer identifying number (as described in section 6109), or a
combination thereof.
(7) Inspection
The terms ``inspected'' and ``inspection'' mean any
examination of a return or return information.
(8) Disclosure
The term ``disclosure'' means the making known to any person
in any manner whatever a return or return information.
* * * * * * *
(f) Disclosure to Committees of Congress
(1) Committee on Ways and Means, Committee on Finance, and Joint
Committee on Taxation
Upon written request from the chairman of the Committee on
Ways and Means of the House of Representatives, the chairman of
the Committee on Finance of the Senate, or the chairman of the
Joint Committee on Taxation, the Secretary shall furnish such
committee with any return or return information specified in
such request, except that any return or return information which
can be associated with, or otherwise identify, directly or
indirectly, a particular taxpayer shall be furnished to such
committee only when sitting in closed executive session unless
such taxpayer otherwise consents in writing to such disclosure.
(2) Chief of Staff of Joint Committee on Taxation
Upon written request by the Chief of Staff of the Joint
Committee on Taxation, the Secretary shall furnish him with any
return or return information specified in such request. Such
Chief of Staff may submit such return or return information to
any committee described in paragraph (1), except that any return
or return information which can be associated with, or otherwise
identify, directly or indirectly, a particular taxpayer shall be
furnished to such committee only when sitting in closed
executive session unless such taxpayer otherwise consents in
writing to such disclosure.
(3) Other committees
Pursuant to an action by, and upon written request by the
chairman of, a committee of the Senate or the House of
Representatives (other than a committee specified in paragraph
(1)) specially authorized to inspect any return or return
information by a resolution of the Senate or the House of
Representatives or, in the case of a joint committee (other than
the joint committee specified in paragraph (1)) by concurrent
resolution, the Secretary shall furnish such committee, or a
duly authorized and designated subcommittee thereof, sitting in
closed executive session, with any return or return information
which such resolution authorizes the committee or subcommittee
to inspect. Any resolution described in this paragraph shall
specify the purpose for which the return or return information
is to be furnished and that such information cannot reasonably
be obtained from any other source.
(4) Agents of committees and submission of information to Senate or
House of Representatives
(A) Committees described in paragraph (1)
Any committee described in paragraph (1) or the Chief
of Staff of the Joint Committee on Taxation shall have
the authority, acting directly, or by or through such
examiners or agents as the chairman of such committee or
such chief of staff may designate or appoint, to inspect
returns and return information at such time and in such
manner as may be determined by such chairman or chief of
staff. Any return or return information obtained by or
on behalf of such committee pursuant to the provisions
of this subsection may be submitted by the committee to
the Senate or the House of Representatives, or to both.
The Joint Committee on Taxation may also submit such
return or return information to any other committee
described in paragraph (1), except that any return or
return information which can be associated with, or
otherwise identify, directly or indirectly, a particular
taxpayer shall be furnished to such committee only when
sitting in closed executive session unless such taxpayer
otherwise consents in writing to such disclosure.
(B) Other committees
Any committee or subcommittee described in paragraph
(3) shall have the right, acting directly, or by or
through no more than four examiners or agents,
designated or appointed in writing in equal numbers by
the chairman and ranking minority member of such
committee or subcommittee, to inspect returns and return
information at such time and in such manner as may be
determined by such chairman and ranking minority member.
Any return or return information obtained by or on
behalf of such committee or subcommittee pursuant to the
provisions of this subsection may be submitted by the
committee to the Senate or the House of Representatives,
or to both, except that any return or return information
which can be associated with, or otherwise identify,
directly or indirectly, a particular taxpayer, shall be
furnished to the Senate or the House of Representatives
only when sitting in closed executive session unless
such taxpayer otherwise consents in writing to such
disclosure.
* * * * * * *
Authority and Rules of Senate Committees
Preservation, Confidentiality and Disclosure of Information
PRESERVATION, CONFIDENTIALITY AND DISCLOSURE OF INFORMATION \1\
\1\ As a consequence of the National Archives and Records
Administration Act of 1984, Pub. L. No. 98-497, 98 Stat. 2280,
references in rule XI and resolution 474, reprinted below, to the
General Services Administration or its Administrator should be to the
National Archives and Records Administration or the Archivist, as the
case may be, and references to 44 U.S.C. Sec. 2114 should be to 44
U.S.C. Sec. 2118.
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Rule XI of the Standing Rules of the Senate
papers--withdrawal, printing, reading of, and reference
1. No memorial or other paper presented to the Senate, except
original treaties finally acted upon, shall be withdrawn from its files
except by order of the Senate.
2. The Secretary of the Senate shall obtain at the close of each
Congress all the noncurrent records of the Senate and of each Senate
committee and transfer them to the General Services Administration for
preservation, subject to the orders of the Senate.
* * * * * * *
Rule XXIX of the Standing Rules of the Senate
* * * * * * *
5.\2\ Any Senator, officer or employee of the Senate who shall
disclose the secret or confidential business or proceedings of the
Senate, including the business and proceedings of the committees,
subcommittees and offices of the Senate, shall be liable, if a Senator,
to suffer expulsion from the body; and if an officer or employee, to
dismissal from the service of the Senate, and to punishment for
contempt.
\2\ As amended, S. Res. 363, 102-2, (Oct. 8, 1992).
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6. Whenever, by the request of the Senate or any committee thereof,
any documents or papers shall be communicated to the Senate by the
President or the head of any department relating to any matter pending
in the Senate, the proceedings in regard to which are secret or
confidential under the rules, said documents and papers shall be
considered as confidential, and shall not be disclosed without leave of
the Senate.
______
S. Res. 490, 97th Cong., 2d Sess. (1982)
resolution
To establish a procedure during recesses and adjournments to authorize
the production of Senate documents and testimony.
Whereas, by the privileges of the Senate of the United States and Rule
XI of the Standing Rules of the Senate, no evidence under the
control or in the possession of the Senate can, by the judicial or
administrative process, be taken from such control or possession but
by permission of the Senate;
Whereas, when it appears that documents, papers, and records under
control of or in the possession of the Senate, or the testimony of
members, officers, and employees of the Senate concerning their
official duties, are needful for the promotion of justice, the
Senate will take such action, consistent with the privileges and
rights of the Senate, as will promote the ends of justice;
Whereas the Joint Leadership Group, which consists of the majority and
minority leaders of the Senate, the President pro tempore, and the
chairmen and ranking minority members of the Committee on the
Judiciary and the Committee on Rules and Administration, has been
established by section 702 of the Ethics in Government Act of 1978,
2 U.S.C. Sec. 288a (Supp. IV 1980);
Whereas the Joint Leadership Group, by two-thirds of its members, may
direct the Senate Legal Counsel, pursuant to sections 703(a) and
704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C.
Sec. Sec. 288b and 288c(a)(2) (Supp. IV 1980), to represent the
Senate or a committee, subcommittee, member, officer, or employee of
the Senate with respect to any subpoena directed to the Senate or a
committee, subcommittee, member, officer, or employee of the Senate
in their official or representative capacities;
Whereas there is no procedure for authorizing, during periods of recess
or adjournment, the production of Senate documents or testimony by
members, officers, and employees of the Senate: Now, therefore, be
it
Resolved, That the Joint Leadership Group, by two-thirds of its
members, may authorize, during periods of recess or adjournment, the
production of documents, papers, and records under the control or in the
possession of the Senate, and the testimony of members, officers, and
employees of the Senate concerning their official duties, when needful
for the promotion of justice and consistent with the privileges and
rights of the Senate.
______
S. Res. 474, 96th Cong., 2d Sess. (1980)
resolution
Relating to public access to Senate records at the National Archives.
Whereas under rule XI of the Standing Rules of the Senate and section
2114 of title 44, United States Code, the Secretary of the Senate is
responsible for transferring, at the close of each Congress, all
noncurrent records of the Senate and Senate committees to the
General Services Administration for preservation;
Whereas such rule and section provide that such records are subject to
the orders of the Senate; and
Whereas orderly and timely public access to the Senate's records at the
National Archives will greatly contribute to greater public
knowledge of and interest in the Senate of the United States: Now,
therefore, be it
Resolved, That any records of the Senate or any committee of the
Senate which are transferred to the General Services Administration
under rule XI of the Standing Rules of the Senate and section 2114 of
title 44, United States Code, and which have been made public prior to
their transfer may be made available for public use.
Sec. 2. (a) Subject to such rules or regulations as the Secretary of
the Senate may prescribe, any other records of the Senate or any
committee of the Senate which are so transferred may be made available
for public use--
(1) in the case of investigative files relating to individuals
and containing personal data, personnel records, and records of
executive nominations, when such files and records have been in
existence for fifty years; and
(2) in the case of all other such records, when such records
have been in existence for twenty years.
(b) Notwithstanding the provisions of subsection (a), any committee
of the Senate may, by action of the full committee, prescribe a
different time when any of its records may be made available for public
use, under specific conditions to be fixed by such committee, by giving
notice thereof to the Secretary of the Senate and the Administrator of
General Services.
Sec. 3. (a) This resolution shall not be construed to authorize the
public disclosure of any record pursuant to section 2 if such disclosure
is prohibited by law or Executive order of the President.
(b) Notwithstanding the provisions of section 2, the Secretary of
the Senate may prohibit or restrict the public disclosure of any record
so transferred, other than any record of a Senate committee, if he
determines that public disclosure of such record would not be in the
public interest and so notifies the Administrator of General Services.
Sec. 4. The Secretary of the Senate shall transmit a copy of this
resolution to the Administrator of General Services.
______
Title 2, United States Code--The Congress
Sec. 130b. Jury and witness service by Senate and House employees \3\
\3\ This provision governs the pay and reimbursement of expenses of
Senate employees who are authorized to testify in their official
capacity in judicial proceedings or who are summoned to jury service.
The substantive provisions governing jury service may be found in
authorities not reprinted here. Jury service by Senate officers or
employees in federal court is governed by 28 U.S.C. Sec. Sec.
1863(b)(6)(C), 1869(i) (exempting from jury service persons elected to
public office and those directly appointed by them). For the
requirements of jury service by Senate officers and employees in state
courts, the applicable state law must be consulted. Members of the
Senate are exempt from service on federal, state, and local juries. 2
U.S.C. Sec. 30a.
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(a) Definitions
For Purposes of this section--
(1) ``employee'' means any individual whose pay is disbursed
by the Secretary of the Senate or the Clerk of the House of
Representatives; and
(2) ``court of the United States'' has the meaning given it by
section 451 of title 28 and includes the United States District
Court for the District of the Canal Zone, the District Court of
Guam, and the District Court of the Virgin Islands.
(b) Service as juror or witness in connection with a judicial
proceeding; prohibition against reduction of pay
The pay of an employee shall not be reduced during a period of
absence with respect to which the employee is summoned (and permitted to
respond to such summons by the appropriate authority of the House of the
Congress disbursing his pay), in connection with a judicial proceeding
by a court or authority responsible for the conduct of that proceeding,
to serve--
(1) as a juror; or
(2) other than as provided in subsection (c) of this section,
as a witness on behalf of any party in connection with any
judicial proceeding to which the United States, the District of
Columbia, or a State or local government is a party;
in the District of Columbia, a State, territory, or possession of the
United States including the Commonwealth of Puerto Rico, the Canal Zone,
or the Trust Territory of the Pacific Islands. For purposes of this
subsection, ``judicial proceeding'' means any action, suit, or other
judicial proceeding, including any condemnation, preliminary,
informational, or other proceeding of a judicial nature, but does not
include an administrative proceeding.
(c) Official duty
An employee is performing official duty during the period with
respect to which he is summoned (and is authorized to respond to such
summons by the House of the Congress disbursing his pay), or is assigned
by such House, to--
(1) testify or produce official records on behalf of the
United States or the District of Columbia; or
(2) testify in his official capacity or produce official
records on behalf of a party other than the United States or the
District of Columbia.
(d) Prohibition on receipt of jury or witness fees
(1) An employee may not receive fees for service--
(A) as juror in a court of the United States or the District
of Columbia; or
(B) as a witness on behalf of the United States or the
District of Columbia.
(2) If an employee receives an amount (other than travel expenses)
for service as a juror or witness during a period in which his pay may
not be reduced under subsection (b) of this section, or for which he is
performing official duty under subsection (c) of this section, the
employee shall remit such amount to the officer who disburses the pay of
the employee, which amount shall be covered into the general fund of the
Treasury as miscellaneous receipts.
(e) Travel expenses
(1) An employee summoned (and authorized to respond to such summons
by the House of the Congress disbursing his pay), or assigned by such
House, to testify or produce official records on behalf of the United
States is entitled to travel expenses. If the case involves an activity
in connection with which he is employed, the travel expenses shall be
paid from funds otherwise available for the payment of travel expenses
of such House in accordance with travel regulations of that House. If
the case does not involve such an activity, the department, agency, or
independent establishment of the United States on whose behalf he is so
testifying or producing records shall pay to the employee his travel
expenses out of appropriations otherwise available, and in accordance
with regulation applicable, to that department, agency, or independent
establishment for the payment of travel expenses.
(2) An employee summoned (and permitted to respond to such summons
by the House of the Congress disbursing his pay), or assigned by such
House, to testify in his official capacity or produce official records
on behalf of a party other than the United States, is entitled to travel
expenses, unless any travel expenses are paid to the employee for his
appearance by the court, authority, or party which caused him to be
summoned.
(f) Rules and regulations
The Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of Representatives are
authorized to prescribe, for employees of their respective Houses, such
rules and regulations as may be necessary to carry out the provisions of
this section.
(g) Congressional consent not conferred for production of official
records or to testimony concerning activities
related to employment
No provision of this section shall be construed to confer the
consent of either House of the Congress to the production of official
records of that House or to testimony by an employee of that House
concerning activities related to his employment.
(Pub. L. 91-563, Sec. 6, Dec. 19, 1970, 84 Stat. 1478; Pub. L. 94-310,
Sec. 2, June 15, 1976, 90 Stat. 687.)
______
REGULATIONS GOVERNING THE PAYMENT OF TRAVEL EXPENSES OF SENATE EMPLOYEES
AUTHORIZED TO PROVIDE WITNESS SERVICE \4\
\4\ Approved by the Committee on Rules and Administration, July 23,
1991.
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Whenever a Senate employee is summoned to testify in his or her
official capacity or to produce official records and is authorized to do
so, either by a Resolution of the Senate or by two-thirds of the Joint
Leadership Group pursuant to S. Res. 490, 97th Cong., 2d Sess. (1982),
payment of travel expenses authorized under 2 U.S.C. Sec. 130b(e), and
the advance of such sums as may be necessary for such travel expenses,
shall be:
1. subject to approval by the Chairman of the Committee on Rules and
Administration;
2. in accordance with the Senate Travel Regulations; and
3. paid from the line item resolution and reorganization reserve
within the appropriation for Miscellaneous Items.
________________________________________________________________________
V. Senate Fair Employment Practice Procedures
________________________________________________________________________
Authority and Rules of Senate Committees
Senate Fair Employment Practice Procedures
SENATE FAIR EMPLOYMENT PRACTICE PROCEDURES \1\
\1\ On January 23, 1995, the Congress enacted the Congressional
Accountability Act of 1995, Pub. L. No. 104-1, 109 Stat. 3, which
extended the rights and protections of a number of employment and public
access laws to the Congress and created new procedures for the
adjudication of claims of violations of those rights. Section 506(a) of
the Congressional Accountability Act, 109 Stat. 42, reprinted infra at
278, saves the provisions of the Government Employee Rights Act
reprinted here, for claims arising under the latter act prior to January
23, 1996.
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Title 2, United States Code--The Congress
Sec. 1201. Short title; purpose; definitions
(a) Short title
This chapter may be cited as the ``Government Employee Rights Act of
1991''.
(b) Purpose
The purpose of this chapter is to provide procedures to protect the
right of Senate and other government employees, with respect to their
public employment, to be free of discrimination on the basis of race,
color, religion, sex, national origin, age, or disability.\2\
\2\ The procedures created by the Government Employee Rights Act
also apply to allegations of violations of sections 101-105 of the
Family and Medical Leave Act of 1993, section 501 of which extends
coverage of those sections to Senate employees. See 2 U.S.C. Sec. 60m.
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(c) Definitions
For purposes of this chapter:
(1) Senate employee
The term ``Senate employee'' or ``employee'' means--
(A) any employee whose pay is disbursed by the
Secretary of the Senate;
(B) any applicant for a position that will last 90
days or more and that is to be occupied by an individual
described in subparagraph (A); or
(C) any individual who was formerly an employee
described in subparagraph (A) and whose claim of a
violation arises out of the individual's Senate
employment.
(2) Head of employing office
The term ``head of employing office'' means the individual who
has final authority to appoint, hire, discharge, and set the
terms, conditions or privileges of the Senate employment of an
employee.
(3) Violation
The term ``violation'' means a practice that violates section
1202 of this title.
(Pub. L. 102-166, title III, Sec. 301, Nov. 21, 1991, 105 Stat. 1088;
Pub. L. 103-283 title III, Sec. 312(f)(1), July 22, 1994, 108 Stat.
1446.)
Sec. 1202. Discriminatory practices prohibited
All personnel actions affecting employees of the Senate shall be
made free from any discrimination based on--
(1) race, color, religion, sex, or national origin, within the
meaning of section 2000e-16 of title 42;
(2) age, within the meaning of section 633a of title 29; or
(3) handicap or disability, within the meaning of section 791
of title 29 and sections 12112 to 12114 of title 42.
(Pub. L. 102-166, title III, Sec. 302, Nov. 21, 1991, 105 Stat. 1088.)
Sec. 1203. Establishment of Office of Senate Fair Employment Practices
(a) In general
There is established, as an office of the Senate, the Office of
Senate Fair Employment Practices (referred to in this chapter as the
``Office''), which shall--
(1) administer the processes set forth in sections 1205
through 1207 of this title;
(2) implement programs for the Senate to heighten awareness of
employee rights in order to prevent violations from occurring.
(b) Director
(1) In general
The Office shall be headed by a Director (referred to in this
chapter as the ``Director'') who shall be appointed by the
President pro tempore, upon the recommendation of the Majority
Leader in consultation with the Minority Leader. The appointment
shall be made without regard to political affiliation and solely
on the basis of fitness to perform the duties of the position.
The Director shall be appointed for a term of service which
shall expire at the end of the Congress following the Congress
during which the Director is appointed. A Director may be
reappointed at the termination of any term of service. The
President pro tempore, upon the joint recommendation of the
Majority Leader in consultation with the Minority Leader, may
remove the Director at any time.
(2) Salary
The President pro tempore, upon the recommendation of the
Majority Leader in consultation with the Minority Leader, shall
establish the rate of pay for the Director. The salary of the
Director may not be reduced during the employment of the
Director and shall be increased at the same time and in the same
manner as fixed statutory salary rates within the Senate are
adjusted as a result of annual comparability increases.
(3) Annual budget
The Director shall submit an annual budget request for the
Office to the Committee on Appropriations.
(4) Appointment of Director
The first Director shall be appointed and begin service within
90 days after November 21, 1991, and thereafter the Director
shall be appointed and begin service within 30 days after the
beginning of the session of the Congress immediately following
the termination of a Director's term of service or within 60
days after a vacancy occurs in the position.\3\
\3\ By unanimous consent of the Senate, the time for appointing the
Director was extended to May 1, 1992 and the appointment was made
effective 30 days after the date of appointment. See 138 Cong. Rec.
S5347 (daily ed. Apr. 9, 1992).
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(c) Staff of Office
(1) Appointment
The Director may appoint and fix the compensation of such
additional staff, including hearing officers, as are necessary
to carry out the purposes of this chapter.
(2) Detailees
The Director may, with the prior consent of the Government
department or agency concerned and the Committee on Rules and
Administration, use on a reimbursable or nonreimbursable basis
the services of any such department or agency, including the
services of members or personnel of the General Accounting
Office Personnel Appeals Board.
(3) Consultants
In carrying out the functions of the Office, the Director may
procure the temporary (not to exceed 1 year) or intermittent
services of individual consultants, or organizations thereof, in
the same manner and under the same conditions as a standing
committee of the Senate may procure such services under section
72a(i) of this title.
(d) Expenses of Office
In fiscal year 1992, the expenses of the Office shall be paid out of
the Contingent Fund of the Senate from the appropriation account
Miscellaneous Items. Beginning in fiscal year 1993, and for each fiscal
year thereafter, there is authorized to be appropriated for the expenses
of the Office such sums as shall be necessary to carry out its
functions. In all cases, expenses shall be paid out of the Contingent
Fund of the Senate upon vouchers approved by the Director, except that a
voucher shall not be required for--
(1) the disbursement of salaries of employees who are paid at
an annual rate;
(2) the payment of expenses for telecommunications services
provided by the Telecommunications Department, Sergeant at Arms,
United States Senate;
(3) the payment of expenses for stationery supplies purchased
through the Keeper of the Stationery, United States Senate;
(4) the payment of expenses for postage to the Postmaster,
United States Senate; and
(5) the payment of metered charges on copying equipment
provided by the Sergeant at Arms, United States Senate.
The Secretary of the Senate is authorized to advance such sums as may be
necessary to defray the expenses incurred in carrying out this chapter.
Expenses of the Office shall include authorized travel for personnel of
the Office.
(e) Rules of Office
The Director shall adopt rules governing the procedures of the
Office, including the procedures of hearing boards, which rules shall be
submitted to the President pro tempore for publication in the
Congressional Record.\4\ The rules may be amended in the same manner.
The Director may consult with the Chairman of the Administrative
Conference of the United States on the adoption of rules.
\4\ Under Senate Resolution 139, 103d Cong., this sentence is deemed
to have inserted ``, upon the approval of the Committee on Rules and
Administration,'' after ``The Director.'' See infra pp. 277-78
(reprinting S. Res. 139).
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(f) Representation by Senate Legal Counsel
For the purpose of representation by the Senate Legal Counsel, the
Office shall be deemed a committee, within the meaning of title VII of
the Ethics in Government Act of 1978 (2 U.S.C. 288, et seq.).
(Pub. L. 102-166, title III, Sec. 303, Nov. 21, 1991, 105 Stat. 1088.)
Sec. 1204. Senate procedure for consideration of alleged violations
The Senate procedure for consideration of alleged violations
consists of 4 steps as follows:
(1) Step I, counseling, as set forth in section 1205 of this
title.
(2) Step II, mediation, as set forth in section 1206 of this
title.
(3) Step III, formal complaint and hearing by a hearing board,
as set forth in section 1207 of this title.
(4) Step IV, review of a hearing board decision, as set forth
in section 1208 or 1209 of this title.
(Pub. L. 102-166, title III, Sec. 304, Nov. 21, 1991, 105 Stat. 1090.)
Sec. 1205. Step I: Counseling
(a) In general
A Senate employee alleging a violation may request counseling by the
Office. The Office shall provide the employee with all relevant
information with respect to the rights of the employee. A request for
counseling shall be made not later than 180 days after the alleged
violation forming the basis of the request for counseling occurred. No
request for counseling may be made until 10 days after the first
Director begins service pursuant to section 1203(b)(4) of this title.\5\
\5\ By unanimous consent of the Senate, any Senate employee, as
defined in 2 U.S.C. Sec. 1201(c), who alleges a violation under 2
U.S.C. Sec. 1202 occurred within 180 days prior to the date of
enactment of the Government Employee Rights Act or no more than 60 days
after the date of enactment of the Act, will be deemed to have timely
filed a request for counseling under this section if the request is made
not later than 60 days after the first date on which a request for
counseling could be made. See 139 Cong. Rec. S5563 (daily ed. Apr. 1,
1992).
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(b) Period of counseling
The period for counseling shall be 30 days unless the employee and
the Office agree to reduce the period. The period shall begin on the
date the request for counseling is received.
(c) Employees of the Capitol Police
In the case of an employee who is a member of the Capitol Police,
the Director may refer the employee to the Capitol Police Board for
resolution of the employee's complaint through the internal grievance
procedures of the Capitol Police Board for a specific period of time,
which shall not count against the time available for counseling or
mediation under this title.
(Pub. L. 102-166, title III, Sec. 305, Nov. 21, 1991, 105 Stat. 1090;
Pub. L. 103-283, title III, Sec. 312(f)(2), July 22, 1994, 108 Stat.
1446.)
Sec. 1206. Step II: Mediation
(a) In general
Not later than 15 days after the end of the counseling period, the
employee may file a request for mediation with the Office. Mediation may
include the Office, the employee, and the employing office in a process
involving meetings with the parties separately or jointly for the
purpose of resolving the dispute between the employee and the employing
office.
(b) Mediation period
The mediation period shall be 30 days beginning on the date the
request for mediation is received and may be extended for an additional
30 days at the discretion of the Office. The Office shall notify the
employee and the head of the employing office when the mediation period
has ended.
(Pub. L. 102-166, title III, Sec. 306, Nov. 21, 1991, 105 Stat. 1091.)
Sec. 1207. Step III: Formal complaint and hearing
(a) Formal complaint and request for hearing
Not later than 30 days after receipt by the employee of notice from
the Office of the end of the mediation period, the Senate employee may
file a formal complaint with the Office. No complaint may be filed
unless the employee has made a timely request for counseling and has
completed the procedures set forth in sections 1205 and 1206 of this
title.
(b) Hearing board
A board of 3 independent hearing officers (referred to in this
chapter as ``hearing board''), who are not Senators or officers or
employees of the Senate, chosen by the Director (one of whom shall be
designated by the Director as the presiding hearing officer) shall be
assigned to consider each complaint filed under this section. The
Director shall appoint hearing officers after considering any candidates
who are recommended to the Director by the Federal Mediation and
Conciliation Service, the Administrative Conference of the United
States, or organizations composed primarily of individuals experienced
in adjudicating or arbitrating personnel matters. A hearing board shall
act by majority vote.
(c) Dismissal of frivolous claims
Prior to a hearing under subsection (d) of this section, a hearing
board may dismiss any claim that if finds to be frivolous.
(d) Hearing
A hearing shall be conducted--
(1) in closed session on the record by a hearing board;
(2) no later than 30 days after filing of the complaint under
subsection (a) of this section, except that the Office may, for
good cause, extend up to an additional 60 days the time for
conducting a hearing; and
(3) except as specifically provided in this chapter and to the
greatest extent practicable, in accordance with the principles
and procedures set forth in sections 554 through 557 of title 5.
(e) Discovery
Reasonable prehearing discovery may be permitted at the discretion
of the hearing board.
(f) Subpoena
(1) Authorization
A hearing board may authorize subpoenas, which shall be issued
by the presiding hearing officer on behalf of the hearing board,
for the attendance of witnesses at proceedings of the hearing
board and for the production of correspondence, books, papers,
documents, and other records.
(2) Objections
If a witness refuses, on the basis of relevance, privilege, or
other objection, to testify in response to a question or to
produce records in connection with the proceedings of a hearing
board, the hearing board shall rule on the objection. At the
request of the witness, the employee, or employing office, or on
its own initiative, the hearing board may refer the objection to
the Select Committee on Ethics for a ruling.
(3) Enforcement
The Select Committee on Ethics may make to the Senate any
recommendations by report or resolution, including
recommendations for criminal or civil enforcement by or on
behalf of the Office, which the Select Committee on Ethics may
consider appropriate with respect to--
(A) the failure or refusal of any person to appear in
proceedings under this \6\ or to produce records in
obedience to a subpoena or order of the hearing board;
or
\6\ So in original. Probably should be ``this section''.
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(B) the failure or refusal of any person to answer
questions during his or her appearance as a witness in a
proceeding under this section.
For purposes of section 1365 of title 28, the Office shall be deemed to
be a committee of the Senate.
(g) Decision
The hearing board shall issue a written decision as expeditiously as
possible, but in no case more than 45 days after the conclusion of the
hearing. The written decision shall be transmitted by the Office to the
employee and the employing office. The decision shall state the issues
raised by the complaint, describe the evidence in the record, and
contain a determination as to whether a violation has occurred.
(h) Remedies
If the hearing board determines that a violation has occurred, it
shall order such remedies as would be appropriate if awarded under
section 2000e-5 (g) and (k) of title 42, and may also order the award of
such compensatory damages as would be appropriate if awarded under
section 1981 of title 42 and section 1981a(a) and (b)(2) of title 42. In
the case of a determination that a violation based on age has occurred,
the hearing board shall order such remedies as would be appropriate if
awarded under section 633a(c) of title 29. Any order requiring the
payment of money must be approved by a Senate resolution reported by the
Committee on Rules and Administration.\7\ The hearing board shall have
no authority to award punitive damages.
\7\ Under S. Res. 139, 103d Congress, the Chairman and Ranking
Minority Member of the Committee on Rules and Administration may approve
and authorize payment. See infra pp. 277-78 (reprinting S. Res. 139).
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(i) Precedent and interpretations
Hearing boards shall be guided by judicial decisions under statutes
referred to in section 1202 of this title and subsection (h) of this
section, as well as the precedents developed by the Select Committee on
Ethics under section 1208 of this title, and other Senate precedents.
(Pub. L. 102-166, title III, Sec. 307, Nov. 21, 1991, 105 Stat. 1091.)
Sec. 1207a. ``Settlements and Awards Reserve'' appropriation account
(a) Establishment
There is established in the contingent fund of the Senate the
``Settlements and Awards Reserve'' appropriation account--
(1) into which shall be deposited appropriated funds and amounts
transferred by the Secretary of the Senate from funds available to the
Secretary for disbursement by the Secretary and amounts transferred by
the Architect of the Capitol from funds appropriated to the Architect;
and
(2) that shall be available as provided in subsection (b) of this
section.
(b) Payments from account
The appropriation account established by subsection (a) of this
section shall be available for the payment of awards under section 1207
of this title, payments pursuant to agreements under section 1210 of
this title, and payments pursuant to Senate Resolution 139, 103d
Congress, agreed to August 4, 1993.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary
for the purposes of subsection (b) of this section.
(d) Transfer of funds to ``Settlement and Awards'' appropriation account
\8\
\8\ This section references original provisions of the Government
Employee Rights Act that were repealed, and the section numbers
redesignated, by the Architect of the Capitol Human Resources Act, Pub.
L. No. 103-283, Sec. Sec. 312, 312(f), 108 Stat. 1443, 1446, which
created a separate fair employment practice system for Architect of the
Capitol employees. At the time of publication some cases under the
original Government Employee Rights Act provisions were still pending.
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In case of an award under section 1207 of this title, a payment
pursuant to an agreement under section 1210 of this title, or a payment
pursuant to Senate Resolution 139, 103d Congress, agreed to August 4,
1993, to an employee described in section 1201(c)(1)(B) of this title,
to an applicant for a position described in section 1201(c)(1)(C) of
this title that is to be occupied by such an employee, or to an
individual described in section 1201(c)(1)(D) of this title who was
formerly such an employee, the Architect of the Capitol, at the
direction of the Secretary of the Senate, shall transfer to the account
established by subsection (a) of this section, from funds that are
appropriated to the Architect of the Capitol under the heading ``CAPITOL
BUILDINGS AND GROUNDS'' under the subheading ``SENATE OFFICE BUILDINGS''
and that are otherwise available for obligation at the time the award is
ordered or the agreement is entered into, an amount sufficient to pay
such award or make such payment.
(Pub.L. 103-50, Sec. 1205, July 2, 1993, 107 Stat. 269; Pub.L. 103-211,
Title II, Sec. 2001(a)-(c), Feb. 12, 1994, 108 Stat. 22.)
Sec. 1208. Review by Select Committee on Ethics
(a) In general
An employee or the head of an employing office may request that the
Select Committee on Ethics (referred to in this section as the
``Committee''), or such other entity as the Senate may designate, review
a decision under section 1207 of this title, including any decision
following a remand under subsection (c) of this section, by filing a
request for review with the Office not later than 10 days after the
receipt of the decision of a hearing board. The Office, at the
discretion of the Director, on its own initiative and for good cause,
may file a request for review by the Committee of a decision of a
hearing board not later than 5 days after the time for the employee or
employing office to file a request for review has expired. The Office
shall transmit a copy of any request for review to the Committee and
notify the interested parties of the filing of the request for review.
(b) Review
Review under this section shall be based on the record of the
hearing board. The Committee shall adopt and publish in the
Congressional Record procedures for requests for review under this
section.
(c) Remand
Within the time for a decision under subsection (d) of this section,
the Committee may remand a decision no more than one time to the hearing
board for the purpose of supplementing the record or for further
consideration.
(d) Final decision
(1) Hearing board
If no timely request for review is filed under subsection (a)
of this section, the Office shall enter as a final decision, the
decision of the hearing board.
(2) Select Committee on Ethics
(A) If the Committee does not remand under subsection (c) of
this section, it shall transmit a written final decision to the
Office for entry in the records of the Office. The Committee
shall transmit the decision not later than 60 calendar days
during which the Senate is in session after the filing of a
request for review under subsection (a) of this section. The
Committee may extend for 15 calendar days during which the
Senate is in session the period for transmission to the Office
of a final decision.
(B) The decision of the hearing board shall be deemed to be a
final decision, and entered in the records of the Office as a
final decision, unless a majority of the Committee votes to
reverse or remand the decision of the hearing board within the
time for transmission to the Office of a final decision.
(C) The decision of the hearing board shall be deemed to be a
final decision, and entered in the records of the Office as a
final decision, if the Committee, in its discretion, decides not
to review, pursuant to a request for review under subsection (a)
of this section, a decision of the hearing board, and notifies
the interested parties of such decision.
(3) Entry of a final decision
The entry of a final decision in the records of the Office
shall constitute a final decision for purposes of judicial
review under section 1209 of this title.
(e) Statement of reasons
Any decision of the Committee under subsection (c) of this section
or subsection (d)(2)(A) of this section shall contain a written
statement of the reasons for the Committee's decision.
(Pub. L. 102-166, title III, Sec. 308, Nov. 21, 1991, 105 Stat. 1092.)
Sec. 1209. Judicial review
(a) In general
Any party aggrieved by a final decision entered pursuant to the
provisions of section 1208(d)(2) of this title may petition for review
by the United States Court of Appeals for the Federal Circuit. A
decision may not be reviewed under this section unless a timely request
for review of such decision was filed under section 1208(a) of this
title.
(b) Law applicable
Chapter 158 of title 28 shall apply to a review under this section
except that--
(1) with respect to section 2344 of title 28, service of the
petition shall be on the Senate Legal Counsel rather than on the
Attorney General;
(2) the provisions of section 2348 of title 28, on the
authority of the Attorney General, shall not apply;
(3) the petition for review shall be filed not later than 90
days after the entry in the Office of a final decision under
section 1208(d) of this title;
(4) the Office shall be an ``agency'' as that term is used in
chapter 158 of title 28; and
(5) the Office shall be the respondent in any proceeding under
this section.
(c) Standard of review
To the extent necessary to decision and when presented, the court
shall decide all relevant questions of law and interpret constitutional
and statutory provisions. The court shall set aside a final decision if
it is determined that the decision was--
(1) arbitrary, capricious, an abuse of discretion, or
otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the whole
record, or those parts of it cited by a party, and due account shall be
taken of the rule of prejudicial error. The record on review shall
include the record before the hearing board, the decision of the hearing
board, and the decision, if any, of the Select Committee on Ethics.
(d) Attorney's fees
If an employee is the prevailing party in a proceeding under this
section, attorney's fees may be allowed by the court in accordance with
the standards prescribed under section 2000e-5(k) of title 42.
(Pub. L. 102-166, title III, Sec. 309, Nov. 21, 1991, 105 Stat. 1093;
Pub. L. 102-392, Sec. 316(a), Oct. 6, 1992, 106 Stat. 1724; Pub. L. No.
103-50, ch. XII, Sec. 1204(a), July 2, 1993, 107 Stat. 268.)
Sec. 1210. Resolution of complaint
If, after a formal complaint is filed under section 1207 of this
title, the employee and the head of the employing office resolve the
issues involved, the employee may dismiss the complaint or the parties
may enter into a written agreement, subject to the approval of the
Director.
(Pub. L. 102-166, title III, Sec. 310, Nov. 21, 1991, 105 Stat. 1094.)
Sec. 1211. Costs of attending hearings
Subject to the approval of the Director, an employee with respect to
whom a hearing is held under this chapter may be reimbursed for actual
and reasonable costs of attending proceedings under sections 1207 and
1208 of this title, consistent with Senate travel regulations. Senate
Resolution 259, agreed to August 5, 1987 (100th Congress, 1st Session),
shall apply to witnesses appearing in proceedings before a hearing
board.
(Pub. L. 102-166, title III, Sec. 311, Nov. 21, 1991, 105 Stat. 1094.)
Sec. 1212. Prohibition of intimidation
Any intimidation of, or reprisal against, any employee by any
Member, officer, or employee of the Senate, as the case may be, because
of the exercise of a right under this chapter constitutes an unlawful
employment practice, which may be remedied in the same manner under this
chapter as is a violation.
(Pub. L. 102-166, title III, Sec. 312, Nov. 21, 1991, 105 Stat. 1094;
Pub. L. 103-283, title III, Sec. 312(f)(3), July 22, 1994, 108 Stat.
1446.)
Sec. 1213. Confidentiality
(a) Counseling
All counseling shall be strictly confidential except that the Office
and the employee may agree to notify the head of the employing office of
the allegations.
(b) Mediation
All mediation shall be strictly confidential.
(c) Hearings
Except as provided in subsection (d) of this section, the hearings,
deliberations, and decisions of the hearing board and the Select
Committee on Ethics shall be confidential.
(d) Final decision of Select Committee on Ethics
The final decision of the Select Committee on Ethics under section
1208 of this title shall be made public if the decision is in favor of
the complaining Senate employee or if the decision reverses a decision
of the hearing board which had been in favor of the employee. The Select
Committee on Ethics may decide to release any other decision at its
discretion. In the absence of a proceeding under section 1208 of this
title, a decision of the hearing board that is favorable to the employee
shall be made public.
(e) Release of records for judicial review
The records and decisions of hearing boards, and the decisions of
the Select Committee on Ethics, may be made public if required for the
purpose of judicial review under section 1209 of this title.
(Pub. L. 102-166, title III, Sec. 313, Nov. 21, 1991, 105 Stat. 1095.)
Sec. 1215. Political affiliation and place of residence
(a) In general
It shall not be a violation with respect to an employee described in
subsection (b) of this section to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office,
of such an employee with respect to employment decisions.
(b) ``Employee'' defined
For purposes of this section, the term ``employee'' means--
(1) an employee on the staff of the Senate leadership;
(2) an employee on the staff of a committee or subcommittee;
(3) an employee on the staff of a Member of the Senate;
(4) an officer or employee of the Senate elected by the Senate
or appointed by a Member, other than those described in
paragraphs (1) through (3); or
(5) an applicant for a position that is to be occupied by an
individual described in paragraphs (1) through (4).
(Pub. L. 102-166, title III, Sec. 316, Nov. 21, 1991, 105 Stat. 1095.)
Sec. 1216. Other review
No Senate employee may commence a judicial proceeding to redress
discriminatory practices prohibited under section 1202 of this title,
except as provided in this chapter.
(Pub. L. 102-166, title III, Sec. 317, Nov. 21, 1991, 105 Stat. 1096.)
Sec. 1218. Rule XLII of Standing Rules of Senate
(a) Reaffirmation
The Senate reaffirms its commitment to Rule XLII of the Standing
Rules of the Senate, which provides as follows:
``No Member, officer, or employee of the Senate shall, with respect
to employment by the Senate or any office thereof--
``(a) fail or refuse to hire an individual;
``(b) discharge an individual; or
``(c) otherwise discriminate against an individual with
respect to promotion, compensation, or terms, conditions, or
privileges of employment
on the basis of such individual's race, color, religion, sex, national
origin, age, or state of physical handicap.''.
(b) Authority to discipline
Notwithstanding any provision of this chapter, including any
provision authorizing orders for remedies to Senate employees to redress
employment discrimination, the Select Committee on Ethics shall retain
full power, in accordance with its authority under Senate Resolution
338, 88th Congress, as amended, with respect to disciplinary action
against a Member, officer, or employee of the Senate for a violation of
Rule XLII.
(Pub. L. 102-166, title III, Sec. 319, Nov. 21, 1991, 105 Stat. 1096.)
______
S. Res. 139, 103d Cong., 1st Sess. (1993)
Resolved, (a)(1) If, at any time after a Senate employee (as defined
in section 301(c)(1) of the Government Employee Rights Act of 1991
(Public Law 102-166) (hereinafter referred to as the ``Act'') files a
formal complaint under section 307(a) of the Act with the Office of
Senate Fair Employment Practices (hereinafter referred to as the
``Office'')--
(A) such employee and the head of an employing office (as
defined in section 301(c)(2) of the Act) resolve the issues
involved and enter into a written settlement agreement requiring
the payment of money as provided in subsection (c), and
(B) the agreement is approved by the Director of the Office
(hereinafter referred to as the ``Director''),
the Director shall submit the agreement together with a letter of advice
by the Director that the agreement is reasonable and appropriate, to the
Chairman and Ranking Minority Member of the Committee on Rules and
Administration (hereinafter referred to as the ``Chairman and Ranking
Member'') for approval.
(2) Any such settlement agreement that includes any provision
regarding Senate payment of a Senate employee's attorney's fees shall be
forwarded by the Director to the Senate Legal Counsel who shall also
review that provision and advise the Chairman and Ranking Member whether
that provision is reasonable and appropriate.
(3) If the Chairman and Ranking Member disapprove the agreement, the
agreement shall be returned to the Director with a written explanation
for the disapproval. Following such disapproval, a new or revised
agreement that is approved by the Director may be submitted by the
Director to the Chairman and Ranking Member, and, if appropriate,
forwarded to the Senate Legal Counsel, in the same manner as the
original. If the Chairman and Ranking Member disapprove such a new or
revised agreement, such agreement shall be returned to the Director with
a written explanation and such instructions as the Chairman and Ranking
Member may deem appropriate.
(4) If the Chairman and Ranking Member approve the agreement, the
payment of money under the terms of such agreement may be authorized as
provided in subsection (c).
(5) The time necessary to complete the procedures under paragraphs
(1)(B), (2), and (3) shall be excluded in calculating the period within
which a hearing shall be conducted under section 307(d) of the Act.
(b) Notwithstanding the third sentence of section 307(h) of the Act,
if, upon the conclusion of all proceedings conducted pursuant to
sections 307, 308, and 309 of the Act, there is a final order requiring
the payment of money, the Chairman and Ranking Member may approve and
authorize the payment of money as provided in subsection (c). The Senate
Legal Counsel shall provide such advice and assistance as the Chairman
and Ranking Member may request for the purposes of this subsection.
(c) The payment of any monetary amount approved as part of a
settlement agreement approved under subsection (a) and any payment
pursuant to an order under subsection (b) shall be paid from the
Contingent Fund of the Senate from the appropriations account
``Settlements and Awards Reserve'', established by section 1205 of
Public Law 103-50, upon vouchers approved by the Chairman and Ranking
Member.
(d) The Chairman and Ranking Member, the Senate Legal Counsel, and
the Director may review information necessary to carry out the
provisions of this resolution notwithstanding the provisions of section
313 of the Act.
(e) The provisions of this resolution shall apply to--
(1) an allegation of a violation as defined in section
301(c)(3) of the Act,
(2) an allegation of an unlawful employment practice under
section 312 of the Act, and
(3) an allegation of a violation of a provision of sections
101 through 105 of the Family and Medical Leave Act of 1993.
(f) The first sentence of section 303(e) of the Act is deemed to
have inserted the words ``, upon the approval of the Committee on Rules
and Administration,'' after ``The Director''.
Congressional Accountability Act of 1995
Title 2, United States Code--The Congress
Sec. 1435. Savings provisions.
(a) Transition Provisions for Employees of the House of
Representatives and of the Senate.--
(1) Claims Arising Before Effective Date.--If, as of the date
on which section 201 takes effect, an employee of the Senate or
the House of Representatives has or could have requested
counseling under section 305 of the Government Employees Rights
Act of 1991 (2 U.S.C. 1205) or Rule LI of the House of
Representatives, including counseling for alleged violations of
family and medical leave rights under title V of the Family and
Medical Leave Act of 1993, the employee may complete, or
initiate and complete, all procedures under the Government
Employees Rights Act of 1991 and Rule LI, and the provisions of
that Act and Rule shall remain in effect with respect to, and
provide the exclusive procedures for, those claims until the
completion of all such procedures.
(2) Claims Arising Between Effective Date and Opening of
Office.--If a claim by an employee of the Senate or House of
Representatives arises under section 201 or 202 after the
effective date of such sections, but before the opening of the
Office for receipt of requests for counseling or mediation under
sections 402 and 403, the provisions of the Government Employees
Rights Act of 1991 (2 U.S.C. 1201 et seq.) and Rule LI of the
House of Representatives relating to counseling and mediation
shall remain in effect, and the employee may complete under that
Act or Rule the requirements for counseling and mediation under
sections 402 and 403. If, after counseling and mediation is
completed, the Office has not yet opened for the filing of a
timely complaint under section 405, the employee may elect--
(A) to file a complaint under section 307 of the
Government Employees Rights Act of 1991 (2 U.S.C. 1207)
or Rule LI of the House of Representatives, and
thereafter proceed exclusively under that Act or Rule,
the provisions of which shall remain in effect until the
completion of all proceedings in relation to the
complaint, or
(B) to commence a civil action under section 408.
(3) Section 1205 of the Supplemental Appropriations Act of
1993.--With respect to payments of awards and settlements
relating to Senate employees under paragraph (1) of this
subsection, section 1205 of the Supplemental Appropriations Act
of 1993 (2 U.S.C. 1207a) remains in effect.
* * * * * * *
(Pub. L. 104-1, title V, Sec. 506, Jan. 23, 1995, 109 Stat. 42.)
Authority and Rules of Senate Committees
Senate Fair Employment Practice Procedures
OFFICE OF SENATE FAIR EMPLOYMENT PRACTICES
Rules of Procedure
138 Cong. Rec. S13121 (daily ed. Sept. 9, 1992)
Rule 1. Scope of Rules
These rules govern the Office of Senate Fair Employment Practices'
counseling, mediation, formal complaint, and hearing procedures under
Title III of the Civil Rights Act of 1991, Pub. L. No. 102-166, 105
Stat. 1088.
Rule 2. Definitions
2.1 Committee. The term ``Committee'' means the Senate Select
Committee on Ethics.
2.2 Director. The term ``Director'' means the Director of the Office
of Senate Fair Employment Practices.
2.3 Employee. The term ``employee'' means--
(a) any employee whose pay is disbursed by the Secretary of
the Senate;
(b) any employee of the Architect of the Capitol who is
assigned to the Senate Restaurants or to the Superintendent of
the Senate Office Buildings; \1\
\1\ The Architect of the Capitol Human Resources Act, Pub. L. No.
103-283, Sec. Sec. 312, 312(f), 108 Stat. 1443, 1446 repealed the
provisions of the Government Employee Rights Act applicable to Architect
of the Capitol employees.
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(c) any applicant for a position that will last 90 days or
more and that is to be occupied by an employee described in
subsections (a) and (b) of this Rule; and
(d) any individual who was formerly an employee described in
subsection (a) or (b) of this Rule and whose claim of a
violation arises out of the individual's Senate employment.
2.4 Employing office. The term ``employing office'' means the office
of the Senate in which the employee works, worked, or sought to work.
2.5 Head of the employing office. The term ``head of the employing
office'' means the individual who has final authority to appoint, hire,
discharge, and set the terms, conditions or privileges of employment for
the employee. This includes, for example, the Member in his or her
personal office; the Chair or Ranking Minority Member (or Vice Chair) of
Senate Committees and Subcommittees; and the heads of Senate support
offices.
2.6 Hearing Board. The term ``hearing board'' refers to the entity
comprised of individuals appointed by the Director to consider a
complaint.
2.7 Office. The term ``Office'' means the Office of Senate Fair
Employment Practices.
2.8 Party. The term ``party'' means the employee or the employing
office or designee of the employing office.
2.9 Presiding hearing officer. The term ``presiding hearing
officer'' refers to the hearing board member the Director designates as
the chair of the hearing board.
2.10 Representative. The term ``representative'' refers to the
individual who is selected by an employee or an employing office to
provide assistance and advice during counseling, mediation, or the
hearing under these Rules. A representative need not be a lawyer and may
be an employee of the Senate.
2.11 The Act. The term ``the Act'' means Title III of the Civil
Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1088.
2.12 Days. The term ``days'' means calendar days.
2.13 Discrimination. The term ``discrimination'' includes the
following:
(a) In any personnel action affecting employees of the Senate,
discrimination based on--
(1) race, color, religion, sex, or national origin
within the meaning of section 717 of the Civil Rights
Act of 1964 (42 U.S.C. Sec. 2000e-16);
(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
Sec. 633a); or
(3) handicap or disability, within the meaning of
section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
Sec. 791) and sections 102-104 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. Sec. 12112-
14).
(b) Any intimidation of, or reprisal against, any employee by
any Member, officer, or employee of the Senate, or by the
Architect of the Capitol, or anyone employed by the Architect of
the Capitol, because of the exercise of a right under the Act
constitutes an unlawful employment practice. The term
``intimidation'' means any action or communication directed to
an employee that is intended to deter the employee from
exercising any right under the Act or from any opposition to any
discrimination made unlawful under the Act. The term
``reprisal'' means actions directed against an employee because
of the employee's opposition to an unlawful employment practice
under the Act or for the employee's exercise of any right under
the Act.\2\
\2\ See supra, note 1 at p. 279.
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2.14 Federal government holiday. The term ``federal government
holiday'' means New Years' Day, Birthday of Martin Luther King, Jr.,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, or any
other day appointed as a holiday by the President or Congress of the
United States.
Rule 3. Time
3.1 Computation.
(a) In computing the time for taking any action required or
permitted under these rules to be taken within a specified time,
the first day counted shall be the day after the event from
which the time period begins to run and the last day counted is
the last day for taking the action. When the last day falls on a
Saturday, Sunday, or federal government holiday or any other
day, other than a Saturday or a Sunday, when the Office is
closed, the last day for taking the action shall be the next day
that is not a Saturday, Sunday, or federal government holiday or
a day when the Office is closed. Where a prescribed time period
is less than eleven days, then Saturdays, Sundays, and federal
government holidays shall be excluded from the computation of
the time period.
(b) Whenever a party has the right or is required to do some
act within a prescribed period after the date of service of a
notice or other paper and the notice or other paper is served
upon the party by mail, 3 days shall be added to the prescribed
period. This additional 3 days does not apply to the request for
Committee review under Rule 14.2.
3.2 Timely service. Except as otherwise provided in Rule 14.2, a
document required under these rules to be submitted to the Office or
served on a party within a specified time shall be deemed timely if it
is received in the Office or, if mailed, then postmarked on or before
the last day of the applicable time period. When a document is received
in the mail without a legible postmark, it will be deemed timely if
received within five days from the expiration of the applicable filing
period.
3.3 Extension of time. Upon written request of either an employee or
an employing office, or on the Director's own initiative, the Director
may extend the time for taking action under these rules, except that the
Director may not extend the time for taking any action for which the Act
specifies a time limit: time to initiate procedures (Rule 4.2); time for
counseling (Rule 5.3); extension of mediation beyond 30 days (Rule 6.4);
time for filing complaint (Rule 7.2); extension for conducting a hearing
beyond 60 days (Rule 13.2); time for issuing a decision (Rule 14.1); and
time for seeking review (Rule 14.2).
Rule 4. Commencement of Procedures
4.1 Who may initiate procedures. Any employee, who alleges that he
or she has been, or is, the subject of discrimination may initiate
procedures for the consideration of the allegation of discrimination.
4.2 When to initiate procedures. To initiate procedures, an employee
must submit a request for counseling to the Director not later than 180
days after the alleged discrimination occurred.
4.3 How to initiate procedures. A request for counseling may be made
at the Office in person, by telephone, or by written request. If the
request is not filed in writing, the Office shall document in writing
the date of the receipt of the request.
4.4 Where to initiate procedures. A request for counseling may be
directed to:
Director
Office of Senate Fair Employment Practices
Hart Senate Office Building, Suite 103
Washington, D.C. 20510-9060
Telephone 202-224-6666; FAX 202-228-8666; TDD 202-224-6667
4.5 Informal advice. Employees and employing offices may seek
informal advice on rights and responsibilities under the Act, and these
rules, as well as on all aspects of the Office's procedures, at any time
by contacting the Office. Requests for informal advice do not constitute
a request for counseling that initiates procedures under these rules.
Requests for advice shall be handled by the Office confidentially.
4.6 Representation. At any stage of the counseling, mediation, and
hearing board process under these rules, an employee, supervisor, head
of an employing office, or witness may be assisted by an individual of
his or her choice. The representative may be, but need not be, an
attorney. After the Director has received written notice of the
designation of a representative, the Director shall notify other parties
of the designation (except in the Counseling stage when the employee has
not authorized contact with the employing office) and, if the
representative is an attorney, all service of papers shall be directed
to the representative, unless the party notifies the Director of the
revocation of the designation of a representative. There must be no
conflict of interest in order for the individual to serve as a
representative.
4.7 Role of the Office. Throughout the process under these Rules,
the Director and the Office shall not serve as advocates for either the
employee or the employing office. The role of the Office is to encourage
fair and equitable treatment of parties and early resolution of
disputes.
Rule 5. Counseling Procedures
5.1 Purpose. Counseling shall be a period for discussion,
evaluation, and guidance aimed at assisting the employee to resolve the
matter at issue. Counseling involves the employee and a counselor
selected by the Director. At the initial counseling session, the
counselor shall provide the employee with a copy of these rules and
shall advise the employee of the employee's rights and responsibilities
under the Act and these Rules. The counselor shall develop the following
information during the counseling period:
(a) the name, home mailing address, and work and home
telephone numbers of the requester;
(b) the name of the person(s) involved in the action that the
employee wishes to challenge;
(c) the name of the employing office involved;
(d) a description of the action complained of, including the
date(s) of the action(s);
(e) a brief description of the employee's reasons for
concluding that a discrimination may be involved;
(f) a statement of the relief sought; and
(g) where the employee has a representative, the name,
address, and telephone number of the representative, and whether
the representative is a lawyer.
5.2 Commencement. Counseling commences with a request for counseling
filed under Rule 4.
5.3 Duration. The period for counseling shall be 30 days. If the
employee and the Director agree in writing, the period for counseling
may be reduced.
5.4 Conclusion and notice. If the matter with respect to which the
employee sought counseling is not resolved during the counseling period,
the Director shall notify the employee in writing of the end of the
counseling period and of the right to file with the Director a request
for mediation within fifteen days of the end of the counseling period.
5.5 Confidentiality. Except when the employee and the Director agree
in writing to contact the employing office, information or records
relating to the counseling of an employee under this Rule shall not be
disclosed to anyone outside the Office in whole or in part or by way of
summary. This Rule shall not preclude the counselor from consulting with
the Office nor the Director from reporting statistical information to
the Senate that does not reveal the identity of employees who have
requested counseling or of employing offices that are the subject of a
request for counseling. All parties to the action will be advised of the
importance of confidentiality in this process.
5.6 Employees of the Architect of the Capitol and employees who are
members of the Capitol Police.\3\ Pursuant to section 305(c) of the Act
and by agreement with the Architect of the Capitol and with the Senate
Sergeant At Arms, the following procedures apply to employees of the
Architect and employees who are members of the Capitol Police.
\3\ See supra, note 1 at p. 281. Pursuant to Pub. L. No. 103-283,
title III, Sec. 312(f)(1), 108 Stat. 1446, the provisions of the
Government Employee Rights Act applicable to Architect of the Capitol
employees have been repealed.
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(a) Initiation of procedures and referral. An employee of the
Architect of the Capitol or an employee who is a member of the
Capitol Police initiates procedures by submitting a request for
counseling under Rule 4.4 not later than 180 days after the
alleged discrimination occurred. The Director may--
(1) refer the employee to the Architect or to the
Capitol Police Board, as appropriate, for a period
generally up to 90 days, unless the Director determines
a longer period is appropriate for resolution of the
employee's complaint through the internal procedures of
the Architect or the Capitol Police Board; or
(2) allow the employee to proceed under Rules 4 and 5
or 6 without recourse to the internal procedures of the
Architect or the Capitol Police Board.
Unless the Director determines that referral would not be
appropriate, the Office will generally refer cases to the
Architect of the Capitol or to the Capitol Police Board.
(b) Subsequent counseling with the Office. After having
contacted the Office and having been referred to the Architect
or to the Capitol Police Board, the employee may return to the
procedures under these rules--
(1) after the expiration of the period of referral as
established by the Director, if the matter has not been
resolved; or
(2) within 20 days after receiving a final decision as
a result of the procedures of the Architect or of the
Capitol Police Board.
(c) Notice to employees who have not initiated counseling with
the Office. When an employee of the Architect of the Capitol or
an employee who is a member of the Capitol Police raises in the
internal procedures of the Architect or of the Capitol Police
Board an allegation of discrimation, the Architect or the
Capitol Police Board should advise the employee in writing that
a request for counseling about the allegation must be initiated
with the Office within 180 days after the alleged discrimation
occurred if the employee intends to use the procedures of the
Office.
(d) Notice in final decisions when there has been no referral
by the Director. When an employee raises in the internal
procedures of the Architect or of the Capitol Police Board an
allegation of discrimination and when there has been no referral
by the Director, any final decision pursuant to the procedures
of the Architect of the Capitol or of the Capitol Police Board
should include notice to the employee of his or her right to
initiate the procedures under these rules within 180 days after
the alleged violation occurred.
(e) Notice in final decisions when there has been a referral
by the Director. When the Director has referred a case to the
Architect or to the Capitol Police Board for resolution, the
Architect or the Capitol Police Board should include notice to
the employee of his or her right to resume the procedures under
these rules within 20 days after service on the employee of the
final decision and shall transmit a copy of the final decision,
settlement agreement, or other final disposition of the case to
the Director.
Rule 6. Mediation Procedures
6.1 Purpose. Mediation shall be a period for discussions and
negotiations between the employee, the employing office, and the
mediator(s) in an effort to reach a mutually satisfactory resolution of
the matter forming the basis of the request for mediation. It is the
policy of the Office to seek resolution of disputes, to the greatest
extent possible, through counseling and mediation.
6.2 Commencement. An employee who has completed counseling under
Rule 5 may file a request in writing for mediation with the Director
within 15 days after the end of the counseling period. The Director
shall notify the head of the employing office of the commencement of
mediation.
6.3 Selection of mediators. The Director shall assign one or more
mediators to the mediation.
6.4 Duration. The period for mediation shall be 30 days. Upon
request of either party in the mediation or of the mediator(s), the
Director may extend the mediation period for up to an additional 30
days.
6.5 Conclusion and notice. If the matter that forms the basis of the
request for mediation is not resolved at the end of the mediation
period, the Director shall provide the employee and the head of the
employing office with written notice of the end of the mediation period
and shall notify the employee of the employee's right to file a formal
complaint with the Office within 30 days after the employee has received
notice that the mediation period has concluded. With the consent of both
parties, the Director may ask the mediator(s) to continue to work with
the parties after the mediation period.
6.6 Confidentiality. Except as necessary to consult with counsel or
other designated representative, the parties to the mediation, the
mediator(s), and the Office shall not disclose in whole or in part or by
way of summary any information or records obtained during mediation.
This Rule shall not preclude the mediator from consulting with the
Office nor preclude the Director from reporting statistical information
to the Senate that does not reveal the identity of employees or
employing offices involved in mediation. All parties to the action will
be advised of the importance of confidentiality in this process.
Rule 7. Formal Complaints
7.1 Who may file. An employee who has made a timely request for
counseling under Rule 4.2 and has completed the counseling and mediation
procedures under Rules 5 and 6, may file a formal complaint with the
Office.
7.2 Time for filing. A complaint shall be filed not later than 30
days after the employee has received notice under Rule 6.5 that the
mediation period has concluded.
7.3 Form of complaint. A complaint must be written or typed, but may
be in any format, including a simple letter format. Employees are
encouraged to use the complaint forms available in the Office. All
complaints shall be signed by the employee or legal representative and
shall contain the following information:
(a) the name, mailing address, and telephone number of the
complainant;
(b) the name of the person(s) involved in the action that the
employee wishes to challenge;
(c) the name, address, and telephone number of the employing
office involved;
(d) a description of the action being complained of, including
the date(s) of the action(s);
(e) a brief description of the reasons for concluding that
discrimination is involved;
(f) a statement of the relief sought; and
(g) where the complainant has a representative, the name,
address, and telephone number of the representative and whether
the representative is an attorney.
7.4 Service of complaint. Upon receipt of a complaint, the Director
shall serve the head of the employing office named in the complaint or
designee with a copy of the complaint and a copy of these rules. The
Office shall notify the head of the employing office that under Rule 8
an answer to the complaint must be filed within 10 days of service of
the complaint.
7.5 Assignment to a hearing board. Upon the filing of a complaint,
the Director shall assign the case to a hearing board, which shall
consist of three independent hearing officers selected by the Office who
are not Senators or Senate officers or employees. The Director shall
designate one of the hearing officers as the presiding hearing officer.
If, for any reason, a hearing board member cannot serve out the term of
the hearing board, the Director may appoint a replacement member.
7.6 Confidentiality. The Office shall not disclose in whole or in
part or by way of summary any information or records regarding the
filing of a formal complaint, except as necessary to individuals
involved in the hearing process and for purpose under Rule 14.7. This
Rule shall not preclude the Director from reporting statistical
information to the Senate that does not reveal the identity of employees
or employing offices involved in the hearing process. All parties to the
action will be advised of the importance of confidentiality in this
process.
Rule 8. Answer
Within 10 days of the service of a complaint on the head of the
employing office by the Director, the head of the employing office shall
file an answer with the Director that presents the employing office's
position in summary as to each of the issues raised in the complaint,
including admissions, denials, explanations, and defenses. The head of
the employing office shall serve a copy of the answer on the employee
who filed the complaint or on the employee's counsel.
Rule 9. Dismissal of Complaints
9.1 Dismissal by the hearing board.
(a) At any time prior to a hearing under Rule 13, a hearing
board may dismiss a frivolous complaint, which is a complaint
that lacks an arguable basis in law or fact.
(b) At any time prior to a hearing under Rule 13, a hearing
board may dismiss a complaint because it fails to comply with
the applicable time limits or other requirements under these
rules.
(c) If an employee fails to prosecute an action, the hearing
board may dismiss the action with prejudice. A dismissal by a
hearing board under this Rule is subject to Committee review
under Rule 14.2. If no timely request for review is filed with
the Office, the dismissal is a final decision of the Office
under Rule 14.4(a) and subject to judicial review as described
in Rule 15.
9.2 Dismissal by the employee. An employee may dismiss his or her
own complaint by filing a notice of dismissal with the Director for
transmittal to the hearing board, and by serving it on the head of the
employing office or designee at any time. A dismissal under this
paragraph shall preclude a subsequent initiation of procedures under
Rule 4 for consideration of an allegation or allegations by the same
employee arising out of the same facts, provided the hearing board has
determined that the dismissal is a knowing and informed decision.
Rule 10. Motions, Briefs, and Responses
10.1 Form. All motions, briefs, and responses shall be filed with
the Office and shall be typed (double spaced) or reproduced by any
duplicating or copying process that produces a clear black image on
opaque white, standard letter size (8 \1/2\" x 11") paper, unfolded,
without back or cover, fastened at the top and shall contain the names
of the parties and a heading describing the nature of the motion, brief,
or response. Quoted material and footnotes need not be double spaced.
10.2 Filing. Parties shall file one original and three copies of
each motion, brief, or response at the following address:
Director
Office of Senate Fair Employment Practices
Hart Senate Office Building, Suite 103
Washington, DC 20510-9060
10.3 Service. Following the service of the complaint by the Office
(see Rule 7.4), each party shall serve on the other party or their
counsel a copy of each document. Each document served shall be
accompanied by a certificate of service containing the name and
signature of the server, the manner of service, and the date of service.
Rule 11. Discovery
11.1 Purpose. In accordance with section 307(e) of the Act,
reasonable prehearing discovery may be permitted at the discretion of
the hearing board.
11.2 Requests for discovery. A party must serve any requests for
discovery on the Office and the other party no later than 5 days prior
to the prehearing conference. The request shall include the proposed
time for responding, or if a deposition, the proposed time and place of
taking the deposition. At the prehearing conference, the hearing board
shall consider the requests for discovery from each party, and, if
appropriate, shall order whatever discovery is necessary. Discovery
shall be completed within a time set by the hearing board after due
consideration of the particular case, including the need to conduct the
hearing within 30 to 90 days after the filing of the complaint. When
required, subpoenas for discovery may be sought from the hearing board.
Rule 12. Subpoenas
12.1 Authority and issuance. Upon request of an employee or the head
of an employing office, a hearing board may authorize a presiding
hearing officer to issue subpoenas for the attendance of witnesses at
proceedings of the hearing board and for the production of
correspondence, books, papers, documents, and other records.
12.2 Service. Subpoenas may be served by any individual over the age
of 18 who is not a party in the proceeding in relation to which the
subpoena is issued. Criminal or civil enforcement proceedings for a
witness's failure to testify or to produce records shall not be
initiated unless a duly authorized subpoena was served upon the witness.
12.3 Objections. If a witness objects to testifying or producing
records in response to a subpoena issued by the presiding hearing
officer, the witness shall file a statement of any objection to the
subpoena with the Office within 5 days after the date of service of the
subpoena. Any response must be filed within 5 days after the date of
service of the statement of objection. The hearing board shall rule on
the objection within 10 days after the deadline for filing a response.
If the hearing board overrules the objection it may order the witness to
respond or may refer the matter under Rule 12.4.
12.4 Referral to the Committee. After the hearing board has ruled on
an objection, at the request of a witness, a party, or on its own
initiative, the hearing board may refer the objection to the Committee
for a ruling.
12.5 Enforcement. If a witness declines to comply with an order of a
hearing board or of the Committee directing the witness to testify or
produce records, the hearing board shall inform the Committee, which has
the authority to recommend to the Senate criminal or civil enforcement
proceedings.
Rule 13. Hearings
13.1 Prehearing conference. Within 7 days of the receipt of a
complaint, the Director shall serve on the employee and the employing
office written notice setting forth the time, date, and place of the
prehearing conference with the hearing board, at which the hearing
schedule will be established. The prehearing conference may also be used
by the hearing board to consider the simplification of the issues and
such other matters as may aid in the disposition of the proceeding by
the hearing board. The hearing board shall issue an order which recites
the action taken at the conference and the agreements made by the
parties as to any of the matters considered and which limits the issues
to those not disposed of by admissions or agreements of parties, and
such order when entered controls the subsequent course of the
proceeding, unless modified to prevent manifest injustice.
13.2 Scheduling a hearing. Hearings shall be scheduled so that they
may be conducted no later than 30 days after the filing of the
complaint, except that the Director may, for good cause, extend up to an
additional 60 days the time for conducting a hearing. An employee or an
employing office may file with the hearing board a motion for such
postponement of the hearing date. The hearing board in its discretion
may disapprove any request for postponement of the hearing date or it
may refer the request to the Director with a recommendation that good
cause exists for postponement of the hearing date. The Director shall
approve or disapprove the hearing board's recommendation within 2
working days of its receipt.
13.3 Authority of hearing boards. Hearing boards shall conduct fair
and impartial hearings and take all necessary action under the Act and
these rules to avoid delay in the disposition of all proceedings. They
shall have all powers necessary to that end unless otherwise limited by
law, including, but not limited to, the authority to:
(a) hold prehearing conferences for the settlement or
simplification of issues under Rule 13.1;
(b) rule on discovery issues as appropriate under Rule 11;
(c) issue subpoenas in accordance with Rule 12;
(d) convene a hearing as appropriate, regulate the course of
the hearing, maintain decorum and exclude from the hearing any
disruptive persons;
(e) administer oaths and affirmations;
(f) require the filing of briefs and other memoranda of law;
(g) dispose of procedural requests or similar matters;
(h) rule on offers of proof and receive relevant evidence;
(i) consolidate allegations raised subsequent to the filing of
the formal complaint which are related to the allegations before
the hearing board;
(j) file decisions under Rule 14; and
(k) delegate to one member of the hearing board the authority
to conduct prehearing conferences and to rule on non-dispositive
motions and matters, except that the action of a single member
may be reviewed by the full hearing board.
13.4 Conduct of hearings. Hearings shall be closed to non-
participants, as determined by the hearing board, except that the Office
may not be precluded from observing hearings. Hearings shall be
conducted on the record and, to the greatest extent practicable, in
accordance with the procedures set forth in 5 U.S.C. Sec. Sec. 554-57.
The rules of evidence will not be strictly followed unless otherwise
specified by the hearing board, but irrelevant or repetitious evidence
shall be excluded. For matters not covered by these rules, the hearing
board may look to the Federal Rules of Civil Procedure, the Federal
Rules of Evidence, or other sources of Federal law for guidance.
13.5 Transcripts. An accurate electronic or stenographic record of
the hearing shall be kept. The Office shall be responsible for the cost
of transcription of the hearing. At the conclusion of the hearing, each
party shall be provided with a copy of the transcript. Transcripts are
confidential documents and the parties or the Office shall not disclose
the transcript in whole or in part, except in furtherance of the
adjudicatory process.
13.6 Failure to comply with an order. When a party fails to comply
with an order, including an order for taking a deposition, the
production of evidence within a party's control, a request for
admission, and/or production of a witness, the hearing board may:
(a) draw an adverse inference against the non-complying party
on the issue related to the information sought;
(b) prohibit the party failing to comply with the order from
introducing documentary evidence or testimony concerning the
information sought; or
(c) strike any part of the pleading or other submission of the
party failing to comply with the request.
13.7 Failure to timely file. The hearing board may refuse to
consider any motion or other document that is not filed in a timely
fashion in compliance with these Rules.
13.8 Confidentiality. Except as may be provided in the rules of the
Committee and as provided in Rule 14.7, the hearings and deliberations
of hearing boards shall be confidential. This Rule shall not preclude
the Office from observing the hearing nor preclude the hearing board
from consulting with the Office nor preclude the Director from reporting
statistical information to the Senate that does not reveal the identity
of employees or employing offices involved in the hearing. All parties
to the action will be advised of the importance of confidentiality in
this process.
Rule 14. Hearing Board Decisions, Requests for Committee Review, and
Final Decisions
14.1 Hearing board decisions. As expeditiously as possible, but not
later than 45 days after the conclusion of a hearing conducted under
Rule 13, the hearing board shall issue a written decision and transmit
it to the Director for transmittal to the employee and to the head of
the employing office. The decision shall state the issues raised by the
complaint, describe the evidence raised in the record, and contain a
determination as to whether a violation has occurred. If a hearing board
determines that discrimination has occurred, it shall order such
remedies as would be appropriate if awarded under section 706 (g) and
(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g) and (k)), and
may also order the award of such compensatory damages as would be
appropriate if awarded under section 1977 and 1977A(a) and (b)(2) of the
Revised Statutes (42 U.S.C. 1981 and 1981A(a) and (b)(2)). In the case
of a determination that discrimination based on age has occurred, the
hearing board shall order such remedies as would be appropriate if
awarded under section 15(c) of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 633a(c)). In the case of a determination that
prohibited intimidation of or reprisal against an employee has occurred,
the hearing board may order remedies consistent with the above
referenced statutes. Except as otherwise provided in Rule 14.7,
decisions of the [hearing] board are confidential.
14.2 Requests for Committee review. Not later than 10 days after
receipt of the decision of a hearing board, including a decision
following remand from the Committee, an employee or employing office may
file with the Office a request that the Committee review the decision. A
Request For Review must be received in the Office not later than the
10th day after the date of service of the decision [a postmark on the
10th day will not satisfy this timeliness requirement]. The Director,
for good cause, may file a request for review by the Committee of a
hearing board decision not later than 5 days after the time has expired
for the employee and employing office to file a request for review to
the Committee. The Office shall transmit to the Committee any request
for review and shall serve a copy on the party or parties not seeking
review.
14.3 Remand to the hearing board. When the Committee remands a
decision to a hearing board for the purpose of supplementing the record
or for further consideration, the hearing board may schedule a hearing.
If a hearing is required, the hearing shall be conducted within 30 days.
While the period for conducting a remand hearing may be extended up to
60 additional days using the process in Rule 13.2, such extensions are
not favored.
14.4 Final decisions of the Office.
(a) No request for Committee review filed. When no timely
request for Committee review is filed with the Office under Rule
14.2, the decision of the hearing board shall be entered in the
Office records as a final decision.
(b) Request for review filed. When a timely request for
Committee review is filed with the Office, following review by
the Committee, the Office shall enter a final decision as
follows:
(1) Written Committee Decision. When the Committee
transmits a written decision to the Office, the Office
shall enter the Committee decision in the Office records
as a final decision.
(2) Committee determination not to review. When the
Committee transmits to the Office a written
determination not to review a decision of a hearing
board for which review has been requested, the Office
shall enter the hearing board decision in the Office
records as a final decision.
(3) No Committee action. When a majority of the
Committee does not vote to reverse or remand the
decision of the hearing board within the time prescribed
in section 308 (d)(2)(A) of the Act, the Office shall
enter the decision of the hearing board in the Office
records as a final decision.
14.5 Notice of a final decision. When a decision of a hearing board
or of the Committee is entered in the Office records as a final
decision, the Director shall notify the parties of the right to judicial
review under section 309 of the Act.
14.6 Final decisions requiring payment of money. Any final decision
requiring the payment of money shall be transmitted by the Office to the
Committee on Rules and Administration for appropriate action under the
Act. In the event that judicial review of such a final decision is
sought by a party, the Office will keep the Committee on Rules and
Administration advised of the status of the case.
14.7 Public records. The following final decisions that have been
entered in the Office records shall be available to the public:
(a) any decision by a hearing board that is favorable to the
employee and which is not reviewed by the Committee;
(b) any decision of the Committee that is favorable to the
employee;
(c) any decision of the Committee that reverses a hearing
board decision that had been in favor of the employee; and
(d) any other decision that the Committee, in its discretion,
has made available to the public.
14.8 Report of compliance with final decisions. When a final
decision of the Office orders relief for an employee, the employing
office shall report the details of its compliance with the order to the
Director as soon as full relief has been provided. Complaints regarding
non-compliance may be submitted to the Committee.
Rule 15. Judicial Review
15.1 Who may petition for judicial review. Section 309 of the Act
provides that review of a final decision of the Office may be sought by:
(a) an employee aggrieved by a final decision or
(b) any Member of the Senate who would be required to
reimburse the appropriate Federal account pursuant to section
323 of the Act as a result of a final decision under Rule
14.4(b)(3).\4\
\4\ Section 309 of the Act has subsequently been amended to provide
that review may be sought only by ``any party aggrieved by a final
decision entered pursuant to the provisions of section 308d(2).'' See
supra p. 275 (reprinting Section 309 as amended).
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15.2 Time limit for filing. Petitions for review under section 309
of the Act shall be filed in the United States Court of Appeals for the
Federal Circuit not later than 90 days after the entry in the Office of
a final decision under Rule 14.4. Service of the petition shall be on
the Senate Legal Counsel, 642 Hart Senate Office Building, Washington,
D.C. 20510-7250. The Office shall be named respondent in the petition
for review. The information in Rule 15 is provided only as a convenience
to the parties, who should refer to the Act, the rules of the Federal
Circuit Court of Appeals, and the case law concerning Federal Circuit
Court review procedures.
Rule 16. Settlement
At any time the employee and the head of the employing office may
enter into a written settlement agreement. Any such agreement shall be
signed by both parties and shall identify the matters that are being
resolved. If a settlement agreement is reached following the filing of a
complaint under Rule 7, the agreement must be approved by the Director.
A settlement that includes the payment of money will in most cases
require Senate authorization and the parties should consult with the
Office for guidance.\5\
\5\ Senate Resolution 139, 103d Congress sets forth the procedure
for approval of settlements. See supra, pp. 277-78 (reprinting text of
resolution).
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Rule 17. Costs and Attorney's Fees
17.1 Employees. Not later than 30 days following the conclusion of a
hearing, an employee with respect to whom a hearing is held may file
with the Director a request for reimbursement of actual and reasonable
travel costs, if any, associated with attending proceedings under
sections 307 and 308 of the Act. The Director may award such costs as
are consistent with Senate travel regulations.
17.2 Witnesses. Any witness appearing at proceedings under sections
307 and 308 of the Act may file with the Office a request for
reimbursement for actual expenses incurred each day while traveling to
and from the place of examination and for each day in attendance. Such
reimbursement shall not exceed the daily rate set by the Committee on
Rules and Administration for witnesses appearing before the Senate or
any of its committees.
17.3 Attorney's fees.
(a) In any action or proceeding before a hearing board, the
hearing board may allow an employee, who is a prevailing party,
a reasonable attorney's fee as part of the costs, in accordance
with 307(h) of the Act. Any motion for costs or attorney's fees
shall be filed with the Director for transmission to the hearing
board and shall be served on the opposing party within 20 days
after receipt of notice of a final decision under Rule 14.5. A
motion for attorney's fees shall be accompanied by:
(1) accurate and current time records;
(2) a copy of the terms of the fee agreement (if any);
and
(3) the attorney's customary billing rate for similar
work or, in the absence of such a customary billing
rate, other evidence of the prevailing community rate
sufficient to establish a market value for the services
rendered.
(b) A detailed response to the motion for attorney's fees
shall be filed within 20 days after the date of service of the
motion.
Authority and Rules of Senate Committees
Senate Fair Employment Practice Procedures
ETHICS COMMITTEE INTERIM PROCEDURES UNDER TITLE III OF PUBLIC LAW 102-
166, THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991
141 Cong. Rec. S2900 (daily ed. Feb. 16, 1995)
Rule 1. Authority
The Senate Select Committee on Ethics (the Committee) is authorized
by section 308(a) of the Government Employee Rights Act of 1991 (the
Act), Title III of the Civil Rights Act of 1991, Pub. L. No. 102-166,
105 Stat. 1088, to review hearing board decisions in employment
discrimination cases filed with the Office of Senate Fair Employment
Practices (the Office) under the Act, and by section 307(f) (2) and (3)
of the Act to receive referrals for rulings on testimonial objections
arising in connection with such cases, and to recommend to the Senate
civil or criminal enforcement of hearing board subpoenas.
Rule 2. Time
2.1 Computation of Time.
(a) Counting Days. A day means calendar day. In computing the time
for taking any action required or permitted under these rules to be
taken within a specified time, the first day counted shall be the day
after the event from which the time period begins to run and the last
day counted is the last day for taking the action. When the last day
falls on a Saturday, Sunday, or federal government holiday or any other
day, other than a Saturday or a Sunday, when the Office is closed, the
last day for taking the action shall be the next day that is not a
Saturday, Sunday, or federal government holiday or a day when the Office
is closed. Where a prescribed time period is less than seven days, then
Saturdays, Sundays, and federal government holidays shall be excluded
from the computation of the time period. Federal government holiday
means New Year's Day, Birthday of Martin Luther King, Jr., Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans' Day, Thanksgiving Day, Christmas Day, or any other day
appointed as a holiday by the President or Congress of the United
States.
(b) Added Days for Mail. Whenever a party or the Office has the
right or is required to do some act within a prescribed period after the
date of service of a notice or other paper and the notice or other paper
is served upon the party by mail through the United States Postal
Service, 3 days shall be added to the prescribed period. This additional
3 days does not apply to the request for Committee review under Rule 3.
2.2 Service and Filing. Except as otherwise provided in Rule 3.1, a
document required under these rules to be submitted to or filed with the
Committee or the Office, or served on a party or the Office within a
specified time shall be deemed timely submitted, filed, or served if it
is received by the Committee, the Office or the party, or if mailed, it
is postmarked, on or before the last day of the applicable time period.
2.3 Extension of Time. Upon written request of the Office or a
party, the Committee may extend the time for taking action under these
rules, except that the Committee may not extend the time for taking any
action for which the Act specifies a time limit.
2.4 Where to File. Documents required to be filed with the Committee
shall be filed at the offices of the Senate Select Committee on Ethics,
Hart Senate Office Building, Room 220, Washington, D.C. 20510. Documents
required to be filed with or served on the Office shall be filed or
served at the Office of Senate Fair Employment Practices, Hart Senate
Office Building, Suite 103, Washington, D.C. 20510.
Rule 3. Requests for Committee Review of Hearing Board Decision
3.1 Requirements for Filing a Request for Review.
(a) Who May Request Review of a Hearing Board Decision. An employee
or the head of an employing office with respect to whom a hearing board
decision was issued is a party entitled to request Committee review of
that decision. The Office may also request review of a decision.
(b) Request by a Party. Not later than 10 days after receipt of a
decision of a hearing board, including any decision following a remand
of the case as provided in Rule 4.2(c), a party may file with the Office
a request that the Committee review the decision. A request for review
shall specify the party requesting review, and shall designate the
decision, or part thereof, for which review is requested. A request for
review must be received in the Office not later than the 10th day after
the date of receipt of the hearing board decision [a postmark on the
10th day will not satisfy this timeliness requirement]. Within 24 hours
after receipt of a request for review, the Office shall transmit a copy
of such request to the Committee and serve a copy on any other party.
(c) Request by the Office. The Office, at the discretion of its
Director, on its own initiative and for good cause, may file with the
Committee a request for review of a hearing board decision, including
any decision following a remand of the case as provided in Rule 4.2(c),
not later than 5 days after the time for the parties to file a request
for review with the Office has expired. A request for review shall
specify that the Office is requesting review, shall designate the
decision, or part thereof, for which review is requested, and shall
specify the circumstances which the Office asserts constitute good cause
for the request. A request for review by the Office must be received in
the Committee's office not later than the 5th day after the time for the
parties to file a request for review with the Office has expired [a
postmark on the 5th day will not satisfy this timeliness requirement].
Within 24 hours after filing a request for review with the Committee,
the Office shall serve a copy of such request on all parties.
3.2 Transmittal of Record. As soon as possible, and in no event
later than 10 days after receipt by the Office of a request for review
or the Office's filing of a request for review with the Committee, the
Office shall transmit to the Committee the full and complete record of
the hearing board connected with the decision for which review has been
requested. The Chief Clerk of the Committee shall promptly serve notice
of the Committee's receipt of the record on all parties.
Rule 4. Procedures Upon Receipt of a Request for Review of a Hearing
Board Decision
4.1 Briefs and Arguments.
(a) Petitioner Brief. A party who filed a request for review, or the
Office if it requested review, may file a brief in support of its
position. The brief shall be filed with the Committee and a copy served
on any other party and the Office, if it requested review, within 10
days of the filing of the request for review with the Office, or the
Committee if the Office requested review.
(b) Respondent Brief. A party may file a brief in response to a
petitioner's brief. Such respondent brief shall be filed with the
Committee and a copy served on any other party and the Office, if the
Office filed a request for review, within 15 days after service of the
petitioner brief. If no petitioner brief is filed, such respondent brief
shall be filed within 20 days of filing of the request for review. The
Office may file a respondent brief only if it [filed] a request for
review.
(c) Reply Brief. Any reply brief shall be filed with the Committee
and served on all parties and the Office if it requested review, within
5 days after service of the respondent brief to which it replies. No one
may file a reply brief who did not file a petitioner brief.
(d) Alternative Briefing Schedule. With notice to all parties and
the Office, if it requested review, the Committee may specify a
different briefing schedule than that prescribed by subsections 4.1 (a),
(b) and (c).
(e) Additional Briefs. At its discretion, the Committee may direct
or permit additional written briefs.
(f) Requirements for Briefs. Briefs shall be on 8\1/2\ inch by 11
inch paper, one side only, and 15 copies shall be provided. No brief
shall exceed 50 typewritten double spaced pages, excluding any table of
contents, list of authorities, or attached copies of statutes, rules, or
regulations. Footnotes shall not be used excessively to evade this
limitation. All references to evidence or information in the record must
be accompanied by notations indicating the page or pages where such
evidence or information appears in the record.
(g) Oral Argument. At the request of a party or the Office, the
Committee may permit oral argument in exceptional circumstances. A
request for oral argument must specify the circumstances which are
asserted to be exceptional.
4.2 Remand.
(a) Only one Remand. There are two kinds of remand. The Committee
may remand the record respecting a decision, or it may remand the case
respecting a decision, but in no event can there be more than one remand
with respect to a decision of a hearing board. If the Committee remands
the record respecting a decision, there can be no further remand of any
kind with respect to such decision. If the Committee remands the case
respecting a decision, there can be no remand of any kind with respect
to a hearing board decision issued following remand. A Committee
decision remanding to the hearing board shall contain a written
statement of the reasons for the Committee decision.
(b) Remand of the Record. Within the time for a decision under
subsection 308(d) of the Act, the Committee may remand the record of a
decision to the hearing board for the purpose of supplementing the
record. After the hearing board has supplemented the record as directed
by the Committee, the hearing board shall transmit the record to the
Office, and the Office shall immediately notify the parties of the
hearing board's action and transmit the supplemented record to the
Committee. The Committee retains jurisdiction over a request for review
during remand of the record, and no new request for review is needed for
further Committee consideration under section 308 of the Act. A record
shall be deemed remanded to the hearing board until the day the
Committee receives the supplemented record from the Office, and the
Committee shall transmit a written final decision to the Office not
later than 60 calendar days during which the Senate is in session after
receipt of the record as supplemented on remand. The Committee may
extend the 60 day period for 15 days during which the Senate is in
session.
(c) Remand of the Case. Within the time for a decision under
subsection 308(d) of the Act, the Committee may remand the case to the
hearing board for the purpose of further consideration. After further
consideration, the hearing board shall issue a new written decision with
respect to the matter as provided in section 307 of the Act. If the
Committee remands the case to the hearing board, the Committee does not
retain jurisdiction, and a new request for review, filed in accordance
with Rule 3, will be necessary if a party or the Office seeks review of
a decision issued following remand.
4.3 Final Written Decision. All final decisions shall include a
statement of the reasons for the Committee's decision, together with
dissenting views of Committee members, if any, and shall be transmitted
to the Office not later than 60 calendar days during which the Senate is
in session after filing of a request for review. The period for
transmission to the Office of a final decision may be extended by the
Committee for 15 calendar days during which the Senate is in session. A
final written decision of the Committee with respect to a request for
review may affirm, modify, or reverse the hearing board decision in
whole or in part. The Committee may decide not to grant a request for
review of a hearing board decision. The Committee will serve a copy of
any final decision on all parties.
Rule 5. Hearing Board Referral of Testimonial Objections
5.1 Procedure for Ruling on Testimonial Objections. If any witness
to a hearing board proceeding appearing by subpoena objects to a
question and refuses to testify, or refuses to produce a document, a
hearing board may refer the objection to the Committee for a ruling.
Such referrals may be made by telephone or otherwise to the Chairman or
Vice Chairman of the Committee who may rule on the objection or refer
the matter to the Committee for decision. If the Chairman or Vice
Chairman, or the Committee upon referral, overrules the objection, the
Chairman or Vice Chairman, or the Committee as the case may be, may
direct the witness to answer the question or produce the document. The
Committee, or the Chairman or Vice Chairman, shall rule on objections as
expeditiously as possible.
5.2 Enforcement. The Committee may make recommendations to the
Senate, including recommendations for criminal or civil enforcement,
with respect to the failure or refusal of any person to appear or
produce documents in obedience to a subpoena or order of a hearing
board, or for the failure or refusal of any person to answer questions
during his or her appearance as a witness in a proceeding under section
307 of the Act. The Office shall be deemed a Senate committee for
purposes of section 1365 of Title 28 of the United States Code.
Rule 6. Meetings and Voting
6.1 Quorum, Proxies, Recorded Votes. A majority of the members of
the Committee shall constitute a quorum for purposes of issuing a
decision under section 308 of the Act, and for purposes of hearing oral
argument if such argument is permitted. Proxy votes shall not be
considered for the purpose of establishing a quorum, nor for purposes of
decisions under section 308 (c) and (d) of the Act. Decisions of the
Committee under section 308 (c) or (d) of the Act shall be by recorded
vote.
6.2 Meetings. Meetings to consider matters before the Committee
pursuant to the Act may be held at the call of the Chairman or Vice
Chairman, if at least 48 hours notice is furnished to all Members. If
all Members agree, a meeting may be held on less than 48 hours notice.
Rule 7. Confidentiality of Proceedings
Confidentiality. The final written decision of the Committee shall
be made public if the decision is in favor of a Senate employee who
filed a complaint or if the decision reverses a decision of the hearing
board which had been in favor of the employee. The Select Committee may
decide to release any other decision at its discretion. All testimony,
records, or documents received by the Committee in the course of any
review under these rules shall otherwise be deemed ``Committee Sensitive
Information'' and subject to the ``Non-Disclosure Policy and Agreement''
as prescribed in Rule 9 of the Committee's Supplemental Rules of
Procedure.
Rule 8. Authority to Discipline
Official Misconduct. None of the provisions of the Act or these
rules limit the authority of the Committee under S. Res. 338, 88th
Cong., 2d Sess. (1964), as amended, to otherwise review, investigate,
and report to the Senate with respect to violations of the Senate Code
of Official Conduct, or any other rule or regulation of the Senate
relating to the conduct of individuals in the performance of their
duties as members, officers, or employees of the Senate.
________________________________________________________________________
VI. Federal Tort Claims Act Procedures
________________________________________________________________________
Authority and Rules of Senate Committees
Federal Tort Claims Act Procedures
FEDERAL TORT CLAIMS ACT PROCEDURES
Title 28, United States Code--Judiciary and Judicial Procedures
Sec. 1346. United States as defendant
* * * * * * *
(b) Subject to the provisions of chapter 171 of this title, the
district courts, together with the United States District Court for the
District of the Canal Zone and the District Court of the Virgin Islands,
shall have exclusive jurisdiction of civil actions on claims against the
United States, for money damages, accruing on and after January 1, 1945,
for injury or loss of property, or personal injury or death caused by
the negligent or wrongful act or omission of any employee of the
Government while acting within the scope of his office or employment,
under circumstances where the United States, if a private person, would
be liable to the claimant in accordance with the law of the place where
the act or omission occurred.
(June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, Sec.
2(a), 63 Stat. 62; May 24, 1949, ch. 139, Sec. 80(a), (b), 63 Stat.
101; July 7, 1958, Pub. L. 85-508, Sec. 12(e), 72 Stat. 348.)
Sec. 2401. Time for commencing action against United States
* * * * * * *
(b) A tort claim against the United States shall be forever barred
unless it is presented in writing to the appropriate Federal agency
within two years after such claim accrues or unless action is begun
within six months after the date of mailing, by certified or registered
mail, of notice of final denial of the claim by the agency to which it
was presented.
(June 25, 1948, ch. 646, 62 Stat. 971; Apr. 25, 1949, ch. 92, Sec. 1,
63 Stat. 62; Sept. 8, 1959, Pub. L. 86-238, Sec. 1(3), 73 Stat. 472;
July 18, 1966, Pub. L. 89-506, Sec. 7, 80 Stat. 307; Nov. 1, 1978, Pub.
L. 95-563, Sec. 14(b), 92 Stat. 2389.)
Sec. 2671. Definitions
As used in this chapter and sections 1346(b) and 2401(b) of this
title, the term ``Federal agency'' includes the executive departments,
the judicial and legislative branches, the military departments,
independent establishments of the United States, and corporations
primarily acting as instrumentalities or agencies of the United States,
but does not include any contractor with the United States.
``Employee of the government'' includes officers or employees of any
federal agency, members of the military or naval forces of the United
States, members of the National Guard while engaged in training or duty
under section 316, 502, 503, 504, or 505 of title 32, and persons acting
on behalf of a federal agency in an official capacity, temporarily or
permanently in the service of the United States, whether with or without
compensation.
* * * * * * *
(June 25, 1948, ch. 646, 62 Stat. 982; May 24, 1949, ch. 139, Sec. 124,
63 Stat. 106; July 18, 1966, Pub. L. 89-506, Sec. 8, 80 Stat. 307; Dec.
29, 1981, Pub. L. 97-124, Sec. 1, 95 Stat. 1666; Nov. 18, 1988, Pub. L.
100-694, Sec. 3, 102 Stat. 4564.)
Sec. 2672. Administrative adjustment of claims
The head of each Federal agency or his designee, in accordance with
regulations prescribed by the Attorney General, may consider, ascertain,
adjust, determine, compromise, and settle any claim for money damages
against the United States for injury or loss of property or personal
injury or death caused by the negligent or wrongful act or omission of
any employee of the agency while acting within the scope of his office
or employment, under circumstances where the United States, if a private
person, would be liable to the claimant in accordance with the law of
the place where the act or omission occurred: Provided, That any award,
compromise, or settlement in excess of $25,000 shall be effected only
with the prior written approval of the Attorney General or his designee.
* * * * * * *
Any award, compromise, or settlement in an amount of $2,500 or less
made pursuant to this section shall be paid by the head of the Federal
agency concerned out of appropriations available to that agency. Payment
of any award, compromise, or settlement in an amount in excess of $2,500
made pursuant to this section or made by the Attorney General in any
amount pursuant to section 2677 of this title shall be paid in a manner
similar to judgments and compromises in like causes and appropriations
or funds available for the payment of such judgments and compromises are
hereby made available for the payment of awards, compromises, or
settlements under this chapter.
The acceptance by the claimant of any such award, compromise, or
settlement shall be final and conclusive on the claimant, and shall
constitute a complete release of any claim against the United States and
against the employee of the government whose act or omission gave rise
to the claim, by reason of the same subject matter.
(June 25, 1948, ch. 646, 62 Stat. 983; Apr. 25, 1949, ch. 92, Sec.
2(b), 63 Stat. 62; May 24, 1949, ch. 139, Sec. 125, 63 Stat. 106; Sept.
23, 1950, ch. 1010, Sec. 9, 64 Stat. 987; Sept. 8, 1959, Pub. L. 86-
238, Sec. 1(1), 73 Stat. 471; July 18, 1966, Pub. L. 89-506, Sec. Sec.
1, 9(a), 80 Stat. 306, 308; Nov. 15, 1990, Pub. L. 101-552, Sec. 8(a),
104 Stat. 2746.)
Sec. 2674. Liability of United States
The United States shall be liable, respecting the provisions of this
title relating to tort claims, in the same manner and to the same extent
as a private individual under like circumstances, but shall not be
liable for interest prior to judgment or for punitive damages.
* * * * * * *
With respect to any claim under this chapter, the United States
shall be entitled to assert any defense based upon judicial or
legislative immunity which otherwise would have been available to the
employee of the United States whose act or omission gave rise to the
claim, as well as any other defenses to which the United States is
entitled.
* * * * * * *
(June 25, 1948, ch. 646, 62 Stat. 983; Nov. 18, 1988, Pub. L. 100-694,
Sec. Sec. 4, 9(c), 102 Stat. 4564, 4567.)
Sec. 2675. Disposition by federal agency as prerequisite; evidence
(a) An action shall not be instituted upon a claim against the
United States for money damages for injury or loss of property or
personal injury or death caused by the negligent or wrongful act or
omission of any employee of the Government while acting within the scope
of his office or employment, unless the claimant shall have first
presented the claim to the appropriate Federal agency and his claim
shall have been finally denied by the agency in writing and sent by
certified or registered mail. The failure of an agency to make final
disposition of a claim within six months after it is filed shall, at the
option of the claimant any time thereafter, be deemed a final denial of
the claim for purposes of this section. The provisions of this
subsection shall not apply to such claims as may be asserted under the
Federal Rules of Civil Procedure by third party complaint, cross-claim,
or counterclaim.
* * * * * * *
(June 25, 1948, ch. 646, 62 Stat. 983; May 24, 1949, ch. 139, Sec. 126,
63 Stat. 107; July 18, 1966, Pub. L. 89-506, Sec. 2, 80 Stat. 306.)
Sec. 2676. Judgment as bar
The judgment in an action under section 1346(b) of this title shall
constitute a complete bar to any action by the claimant, by reason of
the same subject matter, against the employee of the government whose
act or omission gave rise to the claim.
(June 25, 1948, ch. 646, 62 Stat. 984.)
Sec. 2679. Exclusiveness of remedy
* * * * * * *
(b)(1) The remedy against the United States provided by sections
1346(b) and 2672 of this title for injury or loss of property, or
personal injury or death arising or resulting from the negligent or
wrongful act or omission of any employee of the Government while acting
within the scope of his office or employment is exclusive of any other
civil action or proceeding for money damages by reason of the same
subject matter against the employee whose act or omission gave rise to
the claim or against the estate of such employee. Any other civil action
or proceeding for money damages arising out of or relating to the same
subject matter against the employee or the employee's estate is
precluded without regard to when the act or omission occurred.
(2) Paragraph (1) does not extend or apply to a civil action against
an employee of the Government--
(A) which is brought for a violation of the Constitution of
the United States, or
(B) which is brought for a violation of a statute of the
United States under which such action against an individual is
otherwise authorized.
(c) The Attorney General shall defend any civil action or proceeding
brought in any court against any employee of the Government or his
estate for any such damage or injury. The employee against whom such
civil action or proceeding is brought shall deliver within such time
after date of service or knowledge of service as determined by the
Attorney General, all process served upon him or an attested true copy
thereof to his immediate superior or to whomever was designated by the
head of his department to receive such papers and such person shall
promptly furnish copies of the pleadings and process therein to the
United States attorney for the district embracing the place wherein the
proceeding is brought, to the Attorney General, and to the head of his
employing Federal agency.
(d)(1) Upon certification by the Attorney General that the defendant
employee was acting within the scope of his office or employment at the
time of the incident out of which the claim arose, any civil action or
proceeding commenced upon such claim in a United States district court
shall be deemed an action against the United States under the provisions
of this title and all references thereto, and the United States shall be
substituted as the party defendant.
(2) Upon certification by the Attorney General that the defendant
employee was acting within the scope of his office or employment at the
time of the incident out of which the claim arose, any civil action or
proceeding commenced upon such claim in a State court shall be removed
without bond at any time before trial by the Attorney General to the
district court of the United States for the district and division
embracing the place in which the action or proceeding is pending. Such
action or proceeding shall be deemed to be an action or proceeding
brought against the United States under the provisions of this title and
all references thereto, and the United States shall be substituted as
the party defendant. This certification of the Attorney General shall
conclusively establish scope of office or employment for purposes of
removal.
(3) In the event that the Attorney General has refused to certify
scope of office or employment under this section, the employee may at
any time before trial petition the court to find and certify that the
employee was acting within the scope of his office or employment. Upon
such certification by the court, such action or proceeding shall be
deemed to be an action or proceeding brought against the United States
under the provisions of this title and all references thereto, and the
United States shall be substituted as the party defendant. A copy of the
petition shall be served upon the United States in accordance with the
provisions of Rule 4(d)(4) of the Federal Rules of Civil Procedure. In
the event the petition is filed in a civil action or proceeding pending
in a State court, the action or proceeding may be removed without bond
by the Attorney General to the district court of the United States for
the district and division embracing the place in which it is pending.
If, in considering the petition, the district court determines that the
employee was not acting within the scope of his office or employment,
the action or proceeding shall be remanded to the State court.
* * * * * * *
(June 25, 1948, ch. 646, 62 Stat. 984; Sept. 21, 1961, Pub. L. 87-258,
Sec. 1, 75 Stat. 539; July 18, 1966, Pub. L. 89-506, Sec. 5(a), 80
Stat. 307; Nov. 18, 1988, Pub. L. 100-694, Sec. Sec. 5, 6, 102 Stat.
4564.)
Sec. 2680. Exceptions
The provisions of this chapter and section 1346(b) of this title
shall not apply to--
(a) Any claim based upon an act or omission of an employee of the
Government, exercising due care, in the execution of a statute or
regulation, whether or not such statute or regulation be valid, or based
upon the exercise or performance or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an
employee of the Government, whether or not the discretion involved be
abused.
* * * * * * *
(h) Any claim arising out of assault, battery, false imprisonment,
false arrest, malicious prosecution, abuse of process, libel, slander,
misrepresentation, deceit, or interference with contract rights:
Provided, That, with regard to acts or omissions of investigative or law
enforcement officers of the United States Government, the provisions of
this chapter and section 1346(b) of this title shall apply to any claim
arising, on or after the date of the enactment of this proviso, out of
assault, battery, false imprisonment, false arrest, abuse of process, or
malicious prosecution. For the purpose of this subsection,
``investigative or law enforcement officer'' means any officer of the
United States who is empowered by law to execute searches, to seize
evidence, or to make arrests for violations of Federal law.
* * * * * * *
(June 25, 1948, ch. 646, 62 Stat. 984; July 16, 1949, ch. 340, 63 Stat.
444; Sept. 26, 1950, ch. 1049, Sec. Sec. 2(a)(2), 13(5), 64 Stat. 1038,
1043; Aug. 18, 1959, Pub. L. 86-168, title II, Sec. 202(b), 73 Stat.
389; Mar. 16, 1974, Pub. L. 93-253, Sec. 2, 88 Stat. 50.)
______
S. Res. 492, 97th Cong., 2d Sess. (1982)
resolution
Authorizing the Sergeant at Arms of the Senate, with the approval of the
Committee on Rules and Administration, to settle certain claims
involving Members, officers, and employees of the United States
Senate.
Resolved, That the Sergeant at Arms of the Senate, in accordance
with regulations prescribed by the Attorney General and such regulations
as the Committee on Rules and Administration may prescribe, may consider
and ascertain and, with the approval of the Committee on Rules and
Administration, determine, compromise, adjust, and settle, in accordance
with the provisions of chapter 171 of title 28, United States Code, any
claim for money damages against the United States for injury of loss of
property or personal injury or death caused by the negligent or wrongful
act or omission of any Member, officer, or employee of the Senate while
acting within the scope of his office or employment, under circumstances
where the United States, if a private person, would be liable to the
claimant in accordance with the law of the place where the act or
omission occurred. The Committee on Rules and Administration may, from
time to time, delegate any or all of its authority under this resolution
to the chairman. Any compromise, adjustment, or settlement of any such
claim not exceeding $2,500 shall be paid from the contingent fund of the
Senate on a voucher approved by the chairman of the Committee on Rules
and Administration.
Sec. 2. The Committee on Rules and Administration is authorized to
issue such regulations as it may determine necessary to carry out the
provisions of this resolution.
Authority and Rules of Senate Committees
Appendix
APPENDIX
The following Senate publications provide historical background
about Standing Committees of the Senate.
Robert C. Byrd, The Senate, 1798-1989, S. Doc. No. 20,
100th Cong., 1st Sess. 207-265 (1991)
A Brief History of the Committee on Agriculture and
Forestry, United States Senate and Landmark
Agricultural Legislation, 1825-1970, S. Doc. No. 107,
91st Cong., 2d Sess. (1970)
Committee on Appropriations, 100th Anniversary, 1867-
1967, S. Doc. No. 21, 90th Cong., 1st Sess. (1967)
Committee on Banking and Currency, 50th Anniversary,
1913-1963, S. Doc. No. 15, 88th Cong., 1st Sess. (1963)
A Brief History of the Senate Committee on Commerce,
Science, and Transportation and its Activities Since
1947, S. Doc. No. 93, 95th Cong., 2d Sess. (1978);
History, Membership and Jurisdiction of the Senate
Committee on Commerce, 1816-1966, S. Doc. No. 100, 89th
Cong., 2d Sess. (1966)
History of the Committee on Energy and Natural
Resources, 1816-1988, S. Doc. No. 46, 100th Cong., 2d
Sess. (1989)
History of the Committee on Environment and Public
Works, S. Doc. No. 45, 100th Cong., 2d Sess. (1988)
History of the Committee on Finance, S. Doc. No. 5,
97th Cong., 1st Sess. (1981)
Committee on Foreign Relations, 160th Anniversary,
1816-1976, S. Doc. No. 265, 94th Cong., 2d Sess. (1976)
Committee on Government Operations, United States
Senate, 50th Anniversary, 1921-1971, S. Doc. No. 31,
92d Cong., 1st Sess. (1971)
History of the Committee on the Judiciary, 1816-1981,
S. Doc. No. 18, 97th Cong., 1st Sess. (1982)
History of the Committee on Labor and Human Resources,
1869-1979, S. Doc. No. 71, 96th Cong., 2d Sess. (1980)
History of the Committee on Rules and Administration,
S. Doc. No. 27, 96th Cong., 1st Sess. (1980)
1995-96--AUTHORITY AND RULES OF SENATE COMMITTEES--104th CONGRESS