[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

                               ----------                              

     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
   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

                               __________
                                                                   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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
                               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).
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          * * * * * * *
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

                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.
---------------------------------------------------------------------------

       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.
---------------------------------------------------------------------------

(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.
---------------------------------------------------------------------------

(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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    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?''
---------------------------------------------------------------------------

                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.
---------------------------------------------------------------------------

               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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

(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.
---------------------------------------------------------------------------

(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).
---------------------------------------------------------------------------

(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).
---------------------------------------------------------------------------

(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''.
---------------------------------------------------------------------------
                  (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).
---------------------------------------------------------------------------

(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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------

                   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