Authority and Rules of Senate Committees, 1995-96

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. §§ 58(a), 58(e); id. § 68); (2) utilization of the franking privilege (39 U.S.C. §§ 3210(d)(5), 3216(e)(2); 3220(b)); (3) assignment of space in the Senate office buildings (40 U.S.C. §§ 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. §§ 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. § 1301, et seq. which, among other things, created fair employment practices procedures applicable

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. § 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.

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