[Senate Prints 109-5]
[From the U.S. Government Publishing Office]
109th Congress
1st Session COMMITTEE PRINT S. Prt
109-5
_______________________________________________________________________
RULES
OF THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
and standing rules of the senate
relative to the activities of committees
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
[revised january 26, 2005]
Printed for the use of the
Senate Committee on Environment and Public Works
U.S. GOVERNMENT PRINTING OFFICE
98-017 WASHINGTON : 2004
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
one hundred ninth congress, first session
JAMES M. INHOFE, Oklahoma, Chairman
JOHN W. WARNER, Virginia JAMES M. JEFFORDS, Vermont
CHRISTOPHER S. BOND, Missouri MAX BAUCUS, Montana
GEORGE V. VOINOVICH, Ohio JOSEPH I. LIEBERMAN, Connecticut
LINCOLN CHAFEE, Rhode Island BARBARA BOXER, California
LISA MURKOWSKI, Alaska THOMAS R. CARPER, Delaware
JOHN THUNE, South Dakota HILLARY RODHAM CLINTON, New York
JIM DEMINT, South Carolina FRANK LAUTENBERG, New Jersey
JOHNNY ISAKSON, Georgia BARACK OBAMA, Illinois
DAVID VITTER, Louisiana
Andrew Wheeler, Majority Staff Director
Ken Connolly, Minority Staff Director
(ii)
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
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 chair may call additional
meetings, after consulting with the ranking minority member.
Subcommittee chairs may call meetings, with the concurrence of
the chair, after consulting with the ranking minority members
of the subcommittee and the committee.
(c) Presiding Officer:
(1) The chair shall preside at all meetings of the
committee. If the chair is not present, the ranking
majority member shall preside.
(2) Subcommittee chairs shall preside at all meetings
of their subcommittees. If the subcommittee chair is
not present, the ranking majority member of the
subcommittee 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 roll call 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, and
for the purpose of approving the issuance of a subpoena or
approving a committee resolution, 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 to the
Senate 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 chair 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 chair 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 twenty-four
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' testimony. This rule may be waived for
field hearings, except for witnesses from the Federal
Government.
(2) Any witness planning to use at a hearing any
exhibit such as a chart, graph, diagram, photo, map,
slide, or model must submit one identical copy of the
exhibit (or representation of the exhibit in the case
of a model) and 100 copies reduced to letter or legal
paper size at least 48 hours before the hearing. Any
exhibit described above that is not provided to the
committee at least 48 hours prior to the hearing cannot
be used for purpose of presenting testimony to the
committee and will not be included in the hearing
record.
(3) The presiding officer at a hearing may have a
witness confine the oral presentation to a summary of
the written testimony.
(4) Notwithstanding a request that a document be
embargoed, any document that is to be discussed at a
hearing, including, but not limited to, those produced
by the General Accounting Office, Congressional Budget
Office, Congressional Research Service, a Federal
agency, an Inspector General, or a nongovernmental
entity, shall be provided to all members of the
committee at least 72 hours before the hearing.
Rule 4. Business Meetings: Notice and Filing Requirements
(a) Notice: The chair 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. If
the 72 hours falls over a weekend, all materials will be
provided by close of business on Friday.
(b) Amendments: First-degree amendments must be filed with
the chair of the committee or the subcommittee at least 24
hours before a business meeting. After the filing deadline, the
chair shall promptly distribute all filed amendments to the
members of the committee or subcommittee.
(c) Modifications: The chair 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 chair 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, Climate Change, and Nuclear Safety; Fisheries, Wildlife,
and Water; and Superfund and Waste Management.
(b) Membership: The committee chair, after consulting with
the ranking minority member, shall select members of the
subcommittees.
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 General Services Administration 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.
STANDING RULES OF THE SENATE
Rule XVII
REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF COMMITTEES;
AND HEARINGS AVAILABLE
1. Except as provided in paragraph 3, in any case in which
a controversy arises as to the jurisdiction of any committee
with respect to any proposed legislation, the question of
jurisdiction shall be decided by the presiding officer, without
debate, in favor of the committee which has jurisdiction over
the subject matter which predominates in such proposed
legislation; but such decision shall be subject to an appeal.
2. A motion simply to refer shall not be open to amendment,
except to add instructions.
3. (a) Upon motion by both the majority leader or his
designee and the minority leader or his designee, proposed
legislation may be referred to two or more committees jointly
or sequentially. Notice of such motion and the proposed
legislation to which it relates shall be printed in the
Congressional Record. The motion shall be privileged, but it
shall not be in order until the Congressional Record in which
the notice is printed has been available to Senators for at
least twenty-four hours. No amendment to any such motion shall
be in order except amendments to any instructions contained
therein. Debate on any such motion, and all amendments thereto
and debatable motions and appeals in connection therewith,
shall be limited to not more than two hours, the time to be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
(b) Proposed legislation which is referred to two or more
committees jointly may be reported only by such committees
jointly and only one report may accompany any proposed
legislation so jointly reported.
(c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
(d) Any motion under this paragraph may specify the portion
or portions of proposed legislation to be considered by the
committees, or any of them, to which such proposed legislation
is referred, and such committees or committee shall be limited,
in the consideration of such proposed legislation, to the
portion or portions so specified.
(e) Any motion under this subparagraph may contain
instructions with respect to the time allowed for consideration
by the committees, or any of them, to which proposed
legislation is referred and the discharge of such committees,
or any of them, from further consideration of such proposed
legislation.
4. (a) All reports of committees and motions to discharge a
committee from the consideration of a subject, and all subjects
from which a committee shall be discharged, shall lie over one
day for consideration, unless by unanimous consent the Senate
shall otherwise direct.
(b) Whenever any committee (except the Committee on
Appropriations) has reported any measure, by action taken in
conformity with the requirements of paragraph 7 of rule XXVI,
no point of order shall lie with respect to that measure on the
ground that hearings upon that measure by the committee were
not conducted in accordance with the provisions of paragraph 4
of rule XXVI.
5. Any measure or matter reported by any standing committee
shall not be considered in the Senate unless the report of that
committee upon that measure or matter has been available to
Members for at least two calendar days (excluding Sundays and
legal holidays) prior to the consideration of that measure or
matter. If hearings have been held on any such measure or
matter so reported, the committee reporting the measure or
matter shall make every reasonable effort to have such hearings
printed and available for distribution to the Members of the
Senate prior to the consideration of such measure or matter in
the Senate. This paragraph
(1) may be waived by joint agreement of the Majority
Leader and the Minority Leader of the Senate; and
(2) shall not apply to
(A) any measure for the declaration of war,
or the declaration of a national emergency, by
the Congress, and
(B) any executive decision, determination,
or action which would become, or continue to
be, effective unless disapproved or otherwise
invalidated by one or both Houses of Congress.
* * * * * * *
Rule XXVI
COMMITTEE PROCEDURE
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. The
expenses of the committee shall be paid from the contingent
fund of the Senate upon vouchers approved by the chairman.
2. Each committee 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. 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 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 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. (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.
(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 resolution 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.