THE SUBCOMMITTEE ON ADMINISTRATIVE LAW AND Administrative Law, Claims against the United States, Public Contract Law, Relations between States, and appropriate oversight. JURISDICTION OF THE SUBCOMMITTEE ON ADMINISTRATIVE LAW AND GOVERNMENTAL RELATIONS INTRODUCTION As provided in rule VI of the rules of the Committee on the Judiciary, the jurisdiction of the Subcommittee on Administrative Law and Governmental Relations is as follows: Subcommittee on Administrative Law and Governmental Relations: Administrative Law, Claims against the United States, Public Contract Law, Relations between States and appropriate oversight. Rule X of the House rules establishes 22 standing committees and confers legislative responsibility on them for specified subjects and for oversight responsibility with respect to existing laws and their execution. Each committee has the responsibility of establishing subcommittees and assigning them responsibilities over areas of committee jurisdiction. The Committee on the Judiciary has created seven standing subcommittees and has divided among them the 19 topical areas of jurisdiction assigned it by the House rules. In turn, the committee rules provide for the specific legislative and oversight responsibility of each subcommittee. GENERAL JURISDICTION OF THE SUBCOMMITTEE The Subcommittee on Administrative Law and Governmental Relations is referred public bills which concern administrative law and governmental relations. Its basic jurisdiction over administrative law covers legislation relating to administrative procedure and practice, and relating to judicial review of agency action, including amendments to the Administrative Procedure Act as now codified in title 5 of the United States Code. The subcommittee has jurisdiction over ethics statutes and lobbying disclosure statutes, and over bills concerning claims against the United States, as well as tort matters in general. It also has jurisdiction over public contract law and bills which address relations between the several States. The latter area of jurisdiction includes bills which provide for the approval and modification of interstate compacts. The oversight responsibilities of the subcommittee follow its legislative jurisdiction. These classifications of jurisdiction are actually basic guidelines which have been applied in the light of practice and experience in the committee. The subcommittee's jurisdiction over the Tort Claims Act provisions of title 28 demonstrate the practical application of these guidelines. Thus the subcommittee's primary jurisdiction over claims matters also includes jurisdiction over matters which are incident to and necessary to that primary jurisdiction. Thus a bill relating to claims against the United States may also provide court jurisdiction and judicial procedures disposing of claims made pursuant to the bill's provisions and therefore can state the subcommittee's complete proposal for claims settlement. This is provided for in broad language of committee rule VII since it confers upon each subcommittee the authority to consider fully bills referred to it by the committee. The breadth of subcommittee jurisdiction over matters affecting governmental relations is illustrated by the fact that bills have been referred to the subcommittee on subjects such as Federal regulation of lobbying and related activities, financial disclosure by Federal public officials, the reauthorization of the Superfund program, and administrative processes under the legislation known as "Government in the Sunshine." PRIVATE CLAIMS BILLS In connection with its jurisdiction over claims, the subcommittee considers private bills extending relief to individuals who have no other existing remedy. The right to petition for a redress of grievances is guaranteed by the first amendment to the Constitution. When called upon to decide whether relief should be granted to persons seeking redress of grievances, the subcommittee is guided by principles of equity and justice. The task of the subcommittee is to determine whether the equities and circumstances of a case create a moral obligation on the part of the Government to extend relief to an individual. PRINCIPLES APPLICABLE TO RULES GOVERNING THE SUBCOMMITTEE House rule XI provides that the rules of the House are the rules of its committees and subcommittees so far as they are applicable to committee and subcommittee functions. That rule contains specific provisions con cerning committee operation and further, in rule XI (2), provides for written committee rules which are to be consistent with the rules of the House. Subject to these requirements, each committee is free to prescribe additional rules it finds necessary to conduct its business. This is recognized in Judiciary Committee rule I which expressly incorporates the applicable House rules. The balance of the committee's rules are addressed to subjects and situations which, from a procedural standpoint, are peculiar to it: Days of meetings; publication of agenda; hearings; proxy voting; broadcasting; jurisdiction, powers, and duties of standing subcommittees; and non-legislative reports. Committee rule VII provides that *** Subcommittee chairmen shall set dates for hearings and meetings of their respective subcommittees after consultation with the chairman and other subcommittee chairman with a view toward avoiding simultaneous scheduling of full committee and subcommittee meetings or hearings whenever possible. The Subcommittee rules set out in this booklet implement these purposes and principles. The rules of general applicability apply to the consideration of both private and public bills. The rules applicable to private bills pertain to that class alone. These rules have been developed based upon the past exercise of its jurisdiction over private legislation and are intended to implement the provisions of the rules of the House governing the consideration and disposition of private bills. SUPPLEMENTAL RULES OF PROCEDURE FOR THE SUBCOMMITTEE ON ADMINISTRATIVE AND GOVERNMENTAL RELATIONS LAW GENERAL RULES 1. The subcommittee shall meet at least once a week unless otherwise directed by the chairman. 2. Each subcommittee hearing and all other subcommittee meetings for the transaction of business, including the markup of legislation, shall be open to the public except when the subcommittee, in open session and with a majority present, determines by rollcall vote that all or part of the remainder of the meeting on that day shall be closed to the public.* *See: House Rule XI(2.) (g) (1). |