[Senate Prints 115-3]
[From the U.S. Government Publishing Office]
115th Congress } { S. PRT.
1st Session } COMMITTEE PRINT { 115-3
_______________________________________________________________________
EXPENDITURE AUTHORIZATIONS
AND REQUIREMENTS FOR
SENATE COMMITTEES
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
JANUARY 12, 2017
Printed for the use of the
Committee on Rules and Administration
United States Senate
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COMMITTEE ON RULES AND ADMINISTRATION
ROY BLUNT, Missouri, Chairman
MITCH McCONNELL, Kentucky CHARLES E. SCHUMER, New York
THAD COCHRAN, Mississippi DIANNE FEINSTEIN, California
LAMAR ALEXANDER, Tennessee RICHARD J. DURBIN, Illinois
PAT ROBERTS, Kansas TOM UDALL, New Mexico
RICHARD C. SHELBY, Alabama MARK WARNER, Virginia
TED CRUZ, Texas PATRICK J. LEAHY, Vermont
SHELLEY MOORE CAPITO, West Virginia AMY KLOBUCHAR, Minnesota
ROGER WICKER, Mississippi ANGUS S. KING, JR., Maine
DEB FISCHER, Nebraska CATHERINE CORTEZ MASTO, Nevada
Stacy McHatton McBride, Staff Director
Kelly L. Fado, Democratic Staff Director
Maria Keebler, Director of Administration and Policy
Leann A. Alwood, Chief Auditor
NOTE: The Committee on Rules and Administration was organized on
January 5, 2017, to reflect a continuation of the chair and
ranking member from the 114th Congress until the inaugural
ceremonies are completed. Following the inauguration, the
Committee will reorganize and Senator Shelby will become chair
and Senator Klobuchar will become ranking member.
PREFACE
The Rules Committee will report a 2-year budget resolution
in 2017 which will authorize operating funds to Senate
committees for both sessions of the 115th Congress. Committees
are advised that uncertainty about the availability of
appropriated funds for the three budget periods of the 115th
Congress may require interim expenditure guidance.
This revised committee print has been prepared by the
Committee on Rules and Administration to assist Senate
committee members and staff in arriving at their budget
recommendations for the next two years and in preparing the
supporting materials that will be required by this committee.
The fiscal years for expenditure authorizations will be the 7-
month period from March 1, 2017, through September 30, 2017;
the 12-month period from October 1, 2017, through September 30,
2018; and, the 5-month period from October 1, 2018, through
February 28, 2019.
Pursuant to paragraph 9 of Rule XXVI of the Standing Rules
of the Senate, each Senate committee, excluding the Select
Committee on Ethics and Committee on Appropriations, must
report a resolution authorizing it to make expenditures to meet
its expenses. The resolution must be reported to the Senate not
later than January 31, 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 30 days
after the date on which the designation of such members is
completed.
This committee print provides Senate committees with
detailed information on the requirements for expenditure
authorizations for the 2-year funding period beginning March 1,
2017. Included are sample resolutions and budget forms,
regulations in respect to procurement of consultants and the
training of professional staff members, and committee staff
salary totals.
The table on page 37 lists funds authorized by the Senate
for the 113th and 114th Congresses for Senate committees.
Included are the annual authorizations for Senate standing,
select, and special committees reported favorably by the
Committee on Rules and Administration.
Budget Package.--Committees must submit to the Rules
Committee a budget package which contains the budget, completed
questionnaires and a cover letter. Committees may choose to
include other supporting documents and memoranda as well. The
budget and questionnaires must be submitted on forms provided
by the Rules Committee. The funding questionnaire must be
signed jointly by the chairman and ranking minority member or
by the staff director and minority staff director, unless the
minority does not concur with the information on the
questionnaire. The supporting cover letter must be signed
jointly by the chairman and ranking minority member of the
committee. All submissions must be made electronically and in
the form of a signed original and two printed copies.
Consultants and training.--Any committee desiring authority
and funds to hire consultants or to train professional staff
must include appropriate language in its resolution.
Consultants must be selected jointly by the chairman and the
ranking minority member and approved in advance by the Rules
Committee. Please allow a minimum of five business days for the
Rules Committee to process a request for approval.
Supplemental expenditure resolutions.--This provision is
explained in the chapter entitled ``Supplemental Expenditure
Authorizations''. (See p. 9.)
Select, special, and joint committees.--Select and special
committees of the Senate, joint committees financed by the
Senate, as well as standing committees must follow the
procedures and regulations in this document.
Please contact the Committee on Rules and Administration if
we can be of assistance to your committee.
ROY BLUNT,
Chairman,
CHARLES E. SCHUMER,
Ranking Member,
Committee on Rules and Administration.
C O N T E N T S
----------
Page
Preface.......................................................... iii
Committee expenditure authorizations:
Authority.................................................... 1
Fiscal year for expenditure authorizations................... 2
Submission date for resolutions.............................. 2
Format of resolutions........................................ 2
Consultants and staff training............................... 2
Division of funding and office space for the majority and
minority................................................... 3
Colloquy..................................................... 3
Joint leadership letter...................................... 4
Budgets and supporting materials............................. 4
Sample biennial resolution form:
Form 1--Requesting funding for expenditures (with or
without funds for consultants or training of
professional staff).................................... 5
Sample budget form........................................... 8
Supplemental expenditure authorizations:
Authority.................................................... 9
Accompanying report required................................. 9
Format of supplemental resolutions........................... 10
Sample resolution forms:
Form 2--Requesting supplemental funds solely for general
expenditures........................................... 10
Form 3--Requesting supplemental funds solely for the
procurement of consultants............................. 11
Form 4--Increasing the limitation on the portion of funds
authorized for the procurement of consultants or the
training of professional staff......................... 12
Procurement of consultants by Senate committees:
Statutory authority.......................................... 13
Definition of ``consultant''................................. 14
Prerequisite for procurement................................. 14
Selection of consultants..................................... 14
Rules Committee responsibility............................... 14
Methods of procurement....................................... 15
Appointment of individual consultants........................ 16
Procurement of consultants by contract....................... 17
Sample contracts............................................. 17
Fixed-fee product contract............................... 18
Service contract......................................... 19
Training of professional staff:
Statutory authority.......................................... 20
Summary of essential requirements............................ 21
Regulations governing training of professional staff of
Senate committees.......................................... 21
Agreement on continued employment............................ 24
Use of agency personnel by committees of the Senate (reimbursable
and non-reimbursable services):
Authority.................................................... 25
Procedure.................................................... 25
Compensation for committee staff................................. 27
Assistance with committee-related work........................... 28
Regulation to provide more effective control over payments made
from contingent fund of the Senate............................. 29
Regulations governing semi-annual contingent fund reconciliation. 30
Regulations governing payments and reimbursements from the Senate
contingent fund for expenses of Senate committees and
administrative offices......................................... 32
Contract status report (form).................................... 35
Regulations governing cash advances for official Senate travel... 36
Senate Committee Funding, 113th & 114th Congresses (table)....... 37
Policy on committee work and housing for committee staff......... 38
Special Reserves................................................. 38
COMMITTEE EXPENDITURE AUTHORIZATIONS
----------
Committees of the Senate must request their operating funds
pursuant to the procedure set forth in paragraph 9 of rule XXVI
of the Standing Rules of the Senate. Each committee must report
one authorization resolution authorizing it to make
expenditures out of the contingent fund of the Senate to defray
its expenses, including the compensation of all members of its
staff, the procurement of consultants, the training of
professional staff, and all administrative expenses. Funds in
addition to and for the same purposes as those obtained
pursuant to the biennial resolution must be obtained by
supplemental expenditure authorization resolutions (see
following chapter).
Authority
The portion of paragraph 9 that relates to authorizing
resolutions states:
Paragraph 9 of Rule XXVI of the Standing Rules of the Senate
\1\
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\1\ As amended, S. Res. 281, 96-2, Mar. 11, 1980, effective Jan. 1,
1981; S. Res. 479, 100-2, Sept. 30, 1988.
---------------------------------------------------------------------------
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.
(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.
* * * * *
Fiscal Year for Expenditure Authorizations
Prior to 1999, the fiscal year for expenditure
authorizations ran from March 1 through February 28 (29) of the
succeeding year. This 12-month period, with an overlap of 2
months into a new calendar year, was established by the
Committee on Rules and Administration in order to give the
Senate sufficient time at the commencement of each new session
of Congress to accommodate the several steps in the required
procedure. Beginning with the 106th Congress (1999) significant
changes were made to the Senate's financial systems. The
Disbursing Office's implementation of the Financial Management
Information System (FMIS) in fiscal year 1999 required that
Senate committee budgets conform to the federal fiscal year.
Consequently, the Omnibus Committee Funding Resolution now
authorizes committee funding for portions of three fiscal
years.
For the 115th Congress, the 2-year budget period will begin
March 1, 2017, and span three fiscal years, ending February 28,
2019. A Committee's funds not spent in one authorization period
expire and the committee may not carry them over to a
subsequent period.
Submission Date for Resolutions
Expenditure authorization resolutions must be offered by
Senate committees not later than January 31. The only exception
is when during the first session of a Congress the designation
of the members of standing committees occurs later than January
20. In such case the resolution must be offered within 30 days
of the date on which the members of a committee have been
designated.
Format of Resolutions
Senate standing committees are required to follow, with any
necessary modifications, the sample Biennial Resolution Form 1
reproduced at the end of this chapter (page 5).
Select and special committees should submit resolutions
which conform with the provisions of the resolutions by which
they were created. (Confer with the Senate Legislative
Counsel.)
Consultants and Staff Training
Authorization for consultants or training for professional
staff must be included in the funding resolution.
Committees must follow the regulations on procurement of
consultants (page 13) and on training of professional staff
(page 20).
Division of Funding and Office Space for the Majority and Minority
Minority participation in the appointment of committee
personnel pursuant to biennial or supplemental resolutions is
provided for in paragraphs 1, 2, and 3 of rule XXVII of the
Standing Rules. However, in recent Congresses the allocation of
funds to the majority and minority also has been addressed in a
Joint Leadership Letter and Colloquy.
PARAGRAPHS 1, 2, AND 3 OF RULE XXVII OF THE STANDING RULES OF
THE SENATE \2\
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\2\ As amended, S. Res. 281, 96-2, Mar. 11, 1980, effective Feb.
28, 1981.
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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.
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.
COLLOQUY
Mr. McCONNELL. Mr. President, in the 112th Congress the
Senate adopted a new funding allocation for Senate committees.
This approach has served the Senate well for the past three
Congresses. I believe this approach will continue to serve the
interests of the Senate and the public, regardless of which
party is in the majority, by helping to retain core committee
staff with institutional knowledge. This funding allocation is
based on the party division of the Senate, with 10 percent of
the total majority and minority salary baseline going to the
majority for administrative expenses. However, regardless of
the party division of the Senate, the minority share of the
majority and minority salary baseline will never be less than
40 percent, and the majority share will not exceed 60 percent.
It is my intent that this approach will continue to serve the
Senate for this Congress and future Congresses.
Mr. SCHUMER. Mr. President, this approach met our needs for
the last three Congresses, and I too would like to see it
continue. In addition, special reserves have been restored to
its historic purpose. We should continue to fund special
reserves to the extent possible in order to be able to assist
committees that face urgent, unanticipated, nonrecurring needs.
Recognizing the tight budgets we will face for the foreseeable
future, it is necessary to continue to bring funding
authorizations more in line with our actual resources while
ensuring that committees are able to fulfill their
responsibilities. I look forward to continuing to work with the
majority leader to accomplish this.
Mr. McCONNELL. Mr. President, I ask unanimous consent that
a joint leadership letter be printed in the RECORD.
There being no objection, the material was ordered to be
printed in the RECORD, as follows:
JOINT LEADERSHIP LETTER
We mutually commit to the following for the 115th Congress:
The Rules Committee is to determine the budgets of the
committees of the Senate. The budgets of the committees,
including joint and special committees, and all other
subgroups, shall be apportioned to reflect the ratio of the
Senate as of this date, including an additional ten percent
(10%) from the majority and minority salary baseline to be
allocated to the chairman for administrative expenses.
Special Reserves has been restored to its historic purpose.
Requests for funding will only be considered when submitted by
a committee chairman and ranking member for unanticipated, non-
recurring needs. Such requests shall be granted only upon the
approval of the chairman and ranking member of the Rules
Committee.
Funds for committee expenses shall be available to each
chairman consistent with the Senate rules and practices of the
114th Congress.
The division of committee office space shall be
commensurate with this funding agreement.
The chairman and ranking member of any committee may, by
mutual agreement, modify the apportionment of committee funding
and office space.
Budgets and Supporting Materials
Senate committees offering expenditure resolutions are
required to submit to the Committee on Rules and Administration
accompanying budgets, together with supporting materials, in
the form of letters or memoranda. All submissions should be
made electronically and in the form of a signed original and
two printed copies.
Budgets.--The budgets should be prepared on budget forms
obtainable from the Rules Committee.
Supporting materials.--Supporting letters or memoranda
should be signed jointly by the chairman and ranking minority
member of requesting committees.
Questionnaires.--The completed questionnaires should be
signed jointly by the chairman and ranking minority member or
by the staff director and minority staff director of the
committee, unless the minority does not concur with the
information supplied therein.
Biennial Resolution Form 1
[Requesting funding for expenditures with or without funds for
consultants or training of professional staff]
115th CONGRESS
1st Session
S. RES.__
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
Mr./Mrs./Ms. ____, from the Committee on ______, reported
the following original resolution; which was ______
_______________________________________________________________________
RESOLUTION
Authorizing expenditures by the Committee ______.
Resolved, That, 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 --------
-- is authorized from March 1, 2017, through September 30,
2017; October 1, 2017, through September 30, 2018; and October
1, 2018, through February 28, 2019, 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 non-
reimbursable basis the services of personnel of any such
department or agency.
Sec. 2a. The expenses of the committee for the period March
1, 2017, through September 30, 2017, under this resolution
shall not exceed $--(\3\)--, of which amount (1) not to exceed
$--(\4\)-- 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\)-- 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).
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\3\ Insert total amount requested for 2017 funding period.
\4\ Insert that portion (of total amount requested for 2017) for
procurement of consultants.
\5\ Insert that portion (of total amount requested for 2017) for
training of professional staff.
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(b) For the period October 1, 2017, through September 30,
2018, expenses of the committee under this resolution shall not
exceed $--(\6\)--, of which amount (1) not to exceed $--(\7\)--
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 $--(\8\)-- 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).
---------------------------------------------------------------------------
\6\ Insert total amount requested for 2018 funding period.
\7\ Insert that portion (of total amount requested for 2018) for
procurement of consultants.
\8\ Insert that portion (of total amount requested for 2018) for
training of professional staff.
---------------------------------------------------------------------------
(c) For the period October 1, 2018, through February 28,
2019, expenses of the committee under this resolution shall not
exceed $--(\9\)--, of which amount (1) not to exceed $--
(\10\)-- 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 $--(\11\)-- 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).
---------------------------------------------------------------------------
\9\ Insert total amount requested for 2019 funding period.
\10\ Insert that portion (of total amount requested for 2019) for
procurement of consultants.
\11\ Insert that portion (of total amount requested for 2019) for
training of professional staff.
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Sec. 3. The committee 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 28, 2019.
Sec. 4. Expenses of the 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 paid at an annual rate, or (2) for the
payment of telecommunications provided by the Office of the
Sergeant at Arms and Doorkeeper, United States Senate, or (3)
for the payment of stationery supplies purchased through the
Keeper of the Stationery, United States Senate, or (4) for
payments to the Postmaster, United States Senate, or (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, or (7) for payment of franked and mass
mail costs by the Sergeant at Arms and Doorkeeper, United
States Senate.
Sec. 5. There are authorized such sums as may be necessary
for agency contributions related to the compensation of
employees of the committee from March 1, 2017, through
September 30, 2017; October 1, 2017, through September 30,
2018; and October 1, 2018, through February 28, 2019.
UNITED STATES SENATE
COMMITTEE ON RULES AND ADMINISTRATION
SENATE COMMITTEE BUDGET FORM
(Complete applicable items)
================================================================================================================
S. Res.________ reported by __________
(Committee name)
================================================================================================================
2017 2018 2019
(7 mo request) (12 mo request) (5 mo request)
RECURRING BUDGET AUTHORITY $ _____ $ _____ $ _____
================================================================================================================
COMMITTEE STAFF SALARIES:
(Itemize on pages 2 & 3)
Dollar amount requested for $ _____ $ _____ $ _____
staff
Number of full time employees # _____ # _____ # _____
================================================================================================================
CONSULTANTS (appointments or $ _____ $ _____ $ _____
contracts)
================================================================================================================
TRAINING OF PROFESSIONAL STAFF $ _____ $ _____ $ _____
================================================================================================================
OFFICIAL MAIL $ _____ $ _____ $ _____
================================================================================================================
ADMINISTRATIVE EXPENSES:
Detailed employee (agency $ _____ $ _____ $ _____
reimbursements)
Travel (interdepartmental, $ _____ $ _____ $ _____
witness, detailee, and reporter
expenses)
Hearings (all expenses relating $ _____ $ _____ $ _____
to)
Stationery and other office $ _____ $ _____ $ _____
supplies
Communications equipment and $ _____ $ _____ $ _____
services
Publications, subscriptions $ _____ $ _____ $ _____
Mailing, delivery or transmitting $ _____ $ _____ $ _____
of matters relating to official
business
Computer systems $ _____ $ _____ $ _____
Non-standard computer hardware and $ _____ $ _____ $ _____
software
Non-standard items of equipment $ _____ $ _____ $ _____
(other than computing)
Additional equipment above $ _____ $ _____ $ _____
allocations
Senate Services (photo and $ _____ $ _____ $ _____
recording)
Transit Subsidy $ _____ $ _____ $ _____
Other (identify and explain) $ _____ $ _____ $ _____
TOTAL ADMINISTRATIVE EXPENSES $ _____ $ _____ $ _____
TOTAL BUDGET AUTHORITY $ _____ $ _____ $ _____
=============================================================================
================================================================================================================
SUPPLEMENTAL EXPENDITURE AUTHORIZATIONS
----------
Any committees of the Senate requiring funds in addition to
those authorized in their expenditure authorization resolutions
may request such additional funds pursuant to the procedure set
forth in paragraph 9 of Rule XXVI of the Standing Rules. A
supplemental expenditure authorization must be in the form of a
resolution amending an existing expenditure authorization
resolution, and must be accompanied by a report stating why the
funds now sought were not included in the committee's original
request. Note: This procedure has rarely been used in recent
years.
Authority
The portion of paragraph 9 that relates to supplemental
expenditure authorizations is as follows:
PARAGRAPH 9 OF RULE XXVI OF THE STANDING RULES OF THE SENATE
\12\
---------------------------------------------------------------------------
\12\ As amended, S. Res. 281, 96-2, Mar. 11, 1980, effective Jan.
1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
---------------------------------------------------------------------------
9. * * * 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.
Accompanying Report Required
Senate committees intending to offer supplemental
expenditure authorization resolutions must comply with the
following requirements stipulated in paragraph 9 of Rule XXVI:
(1) Each supplemental resolution reported by a committee
must be accompanied by a report to the Senate; and
(2) Each such report must specify with particularity the
purpose for which the authorization is sought, and the reason
it was not sought in the committee's authorization resolution.
Format of Supplemental Resolutions
In the composition of supplemental resolutions, Senate
committees are requested to follow, with any necessary
modifications, one of the three sample resolution forms
(Resolution Forms 2, 3, and 4) which follow:
Resolution Form 2
[Requesting supplemental funds solely for general expenditures]
115th CONGRESS
1st Session
S. RES.__
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
Mr./Mrs./Ms. ____, from the Committee on ______, reported
the following original resolution; which was ______
_______________________________________________________________________
RESOLUTION
Authorizing supplemental expenditures by the Committee on ___.
Resolved, That section ---- of Senate Resolution --------,
------------ Congress, agreed to ---------- ----, 20--,
is amended by striking out ``$----------'' and inserting in
lieu
thereof ``$--------''.
Resolution Form 3
[Requesting supplemental funds solely for the procurement of
consultants]
115th CONGRESS
1st Session
S. RES.__
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
Mr./Mrs./Ms. ____, from the Committee on ______, reported
the following original resolution; which was ______
_______________________________________________________________________
RESOLUTION
Authorizing supplemental expenditures by the Committee on ______ for
the procurement of consultants.
Resolved, That section ---- of Senate Resolution --------,
------------ Congress, agreed to ------------ ----, 20--,
is amended by striking out the amount ``$------------'' and
inserting in lieu thereof ``$--------'' and ``$----------'',
respectively.
Resolution Form 4
[Increasing the limitation on the portion of funds authorized for the
procurement of consultants and/or the training of professional staff]
115th CONGRESS
1st Session
S. RES.__
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
Mr./Mrs./Ms. ____, from the Committee on ______, reported
the following original resolution; which was ______
_______________________________________________________________________
RESOLUTION
Increasing the limitation on expenditures by the Committee on
______ for the procurement of consultants (or training
of professional staff).
Resolved, That section ---- of Senate Resolution --------,
------------ Congress, agreed to ------------ ----, 20--,
is amended by striking ``$------------'' and inserting in lieu
thereof ``$--------''.
PROCUREMENT OF CONSULTANTS BY SENATE COMMITTEES
----------
Statutory Authority
The procedures and conditions under which standing
committees of the Senate may procure the services of individual
consultants or organizations are set forth in section 202(i) of
the Legislative Reorganization Act of 1946.
SECTION 202(i) OF THE LEGISLATIVE REORGANIZATION ACT OF 1946
(2 U.S.C. 4301)\13\
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\13\ As amended, Pub. Law 105-55, Oct. 7, 1997.
---------------------------------------------------------------------------
(i)(1) Each standing committee of the Senate or House
of Representatives is authorized, with the approval of
the Committee on Rules and Administration in the case
of standing committees of the Senate, or the Committee
on House Oversight in the case of standing committees
of the House of Representatives, within the limits of
funds made available from the contingent fund of the
Senate or the applicable accounts of the House of
Representatives pursuant to resolutions which, in the
case of the Senate, shall specify the maximum amounts
which may be used for such purpose, approved by the
appropriate House, to procure the temporary services
(not in excess of one year) or intermittent services of
individual consultants, or organizations thereof, to
make studies or advise the committee with respect to
any matter within its jurisdiction, or with respect to
the administration of the affairs of the committee.\14\
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\14\ As amended, Pub. Law 104-186, Aug. 20, 1996.
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(2) Such services in the case of individuals or
organizations may be procured 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 to the highest gross
rate of compensation which may be paid to a regular
employee of the committee. Such contracts shall not be
subject to the provisions of section 6101 of title 41
or any other provision of law requiring
advertising.\15\
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\15\ As amended, Pub. Law 111-350, Jan. 4, 2011.
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(3) With respect to the standing committees of the
Senate, any such consultant or organization shall be
selected by the chairman and ranking minority member of
the committee, acting jointly. With respect to the
standing committees of the House of Representatives,
the standing committee concerned shall select any such
consultant or organization. The committee shall submit
to the Committee on Rules and Administration in the
case of standing committees of the Senate, and the
Committee on House Oversight in the case of standing
committees of the House of Representatives, information
bearing on the qualifications of each consultant whose
services are procured pursuant to this subsection,
including organizations, and such information shall be
retained by that committee and shall be made available
for public inspection upon request.\16\
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\16\ As amended, Pub. Law 104-186, Aug. 20, 1996.
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Definitions and Policy Determinations
DEFINITION OF ``CONSULTANT''
For the purposes of section 202(i), the term ``consultant''
shall be deemed to be a person (or an organization of persons)
possessing the necessary professional qualifications and
experience to assist a Senate committee in specialized areas of
its legislative responsibility, or in the administration of the
affairs of the committee.
PREREQUISITE FOR PROCUREMENT
Any Senate committee desiring to procure the services of
individual consultants or organizations must first seek and
obtain the required authority by including within its biennial
or supplemental expenditure authorization resolution an express
limitation on the amount of the committee's total funding in
such resolution which may be used for that purpose. A committee
may not exceed that limitation for the procurement of
consultants, but it may utilize unexpended funds within that
limitation for other authorized purposes.
SELECTION OF CONSULTANTS
Paragraph (3) of section 202(i) contains the stipulation
that ``any such consultant or organization shall be selected by
the chairman and ranking minority member of the committee,
acting jointly.'' Senate committees are requested to indicate
their compliance with the above provision of law by providing
that any required correspondence with the Committee on Rules
and Administration (see below) be in the form of letters signed
jointly by the chairman and ranking minority member of the full
committee.
RULES COMMITTEE RESPONSIBILITY
Section 202(i) also requires (1) that Senate committees
desiring to appoint individual consultants to committee
payrolls or to procure the services of individuals or
organizations by contract as independent contractors must
provide the Committee on Rules and Administration information
bearing on the qualifications of each consultant or contractor;
and (2) that such information be retained by the Committee on
Rules and Administration and made available for public
inspection upon request.
To assist the Committee on Rules and Administration in
considering requests for consultants, letters from committees
should contain:
(1) the proposed consultant's particular
qualifications with the specialized area the committees
plan to explore;
(2) the probable time period the consultant's
services will be required;
(3) the correlation between the proposed consultant's
qualifications and the specific committee activity;
(4) the per day consultant fee proposed to be paid;
and
(5) the method selected to secure the consultant's
services, and its appropriateness.
METHODS OF PROCUREMENT
Any Senate committee possessing the required authority
thereof may procure the services of consultants----
(1) by appointing individual consultants as temporary
committee employees (at daily rates of compensation not
exceeding the highest such rate which may be paid to a
regular committee employee); or
(2) by entering into contracts----
(a) between the full committee and individual
consultants as individual contractors, or
(b) between the full committee and
organizations of consultants.
Selection of the appropriate method depends on the nature
of the services to be performed----
(a) If the consultant's responsibilities
include services that would normally be the
regular or normal duties of staff members or if
the performance of the consultant's
responsibilities otherwise result in an
employer-employee relationship, the consultant
should be appointed as a temporary staff
employee. Generally, an employer-employee
relationship may be presumed where the
following factors are present to a significant
degree:
(i) performance of a full-time, continuous
job;
(ii) supervision of or by Senate committee
staff;
(iii) services are performed using facilities
provided by the Senate; and
(iv) work is performed on dates or at hours
established for Senate staff.
(b) If the consultant acts as an independent
contractor ``to make studies or advise the
committee with respect to any matter within its
jurisdiction, or with respect to the
administration of the affairs of the
committee,'' services may be procured through
contract.
The committee's notification of intent to appoint as a
consultant or request for approval of a contract shall state
that the committee has reviewed the services to be provided by
the consultant and shall certify to the Committee on Rules and
Administration that the committee had determined the selected
method (contract or appointment) to be appropriate.
APPOINTMENT OF INDIVIDUAL CONSULTANTS
The notification of the committee's intention to appoint an
individual consultant to its staff and the information
concerning the qualifications of the proposed consultant must
be received by the Committee on Rules and Administration at
least five business days in advance of the appointment date. If
during that period the requesting committee receives no notice
of disapproval from the Rules Committee, the appointment shall
be deemed approved.
(A copy of the letter should be sent to the Financial Clerk
of the Senate at the same time the letter is submitted to the
Committee on Rules and Administration.)
SAMPLE LETTER REQUESTING APPROVAL FOR CONSULTANT
Honorable ------------------
Chairman, Committee on Rules and Administration,
Room SR 305, Russell Senate Office Building
Washington, D.C. 20510
Dear Chairman ___________:
In conformity with section 202(i) of the Legislative
Reorganization Act of 1946, as amended, and your
policies, we are notifying you of the intention of the
Committee on ------------------------------------------
to appoint -------------------------------- as a
consultant, effective ----------------------, and
enclose the required information in respect to his/her
qualifications.
[Include data requested in section entitled ``Rules
Committee Responsibility'' of this document.]
This appointment is made under the authority of S.
Res. ------ (section No. ----), agreed to ------.
The committee has determined that the appointment of
a consultant is the appropriate method to secure the
services to be provided by this individual.
Sincerely yours,
------------------------,
Chairman
------------------------,
Ranking Minority Member
PROCUREMENT OF CONSULTANTS BY CONTRACT
Contracts for individual consultants or organizations must
be submitted to the Committee on Rules and Administration for
approval. Information concerning qualifications should be
submitted at the same time the contract is sent for approval.
Only full committees, not subcommittees, may contract for
consultants.
Letters from committees should----
(1) be signed jointly by the chairman and ranking
minority member;
(2) outline the purpose of the contract, the dollar
amount, the term of the contract, and the name of the
contracting party;
(3) indicate that the committee has reviewed the
services to be provided by the consultant, and certify
that the committee has determined that securing such
services by contract is the appropriate method;
(4) be accompanied by the original, one electronic
copy and two printed copies. The original must be
signed jointly by the chairman and ranking minority
member;
(5) include the background data supporting the
contractor's qualifications; and
(6) in the case of a fixed-fee product contract, be
accompanied by certification from the Congressional
Research Service for non-duplication of proposed study.
(Attach form to letter. See page 18.)
The contract itself should set forth in full the
obligations of the contractor and, where appropriate,
incorporate by reference the contractor's detailed proposal.
All contracts must, at a minimum, describe in reasonable detail
the services to be provided or the product to be acquired,
state a delivery date or period of performance, and establish a
clear limit on the Senate's financial obligations under the
contract by inclusion of either a fixed price or a ``not to
exceed $----------`` provision in contracts for which payments
are incremental.
Contracts (and consultants' qualifications) should be
received sufficiently in advance of the Period of Performance
to permit appropriate consideration at a regular meeting of the
full Committee on Rules and Administration. When contracts are
approved, notice will be given in writing. Approval of a
contract will be deemed to include approval of a consultant's
qualifications.
SAMPLE CONTRACTS
The following examples of a fixed-fee product contract \17\
and a service contract \18\ are included here for reference.
---------------------------------------------------------------------------
\17\ All moneys shall be chargeable to the authorizing resolution
in effect on the date the contract was approved.
\18\ All moneys shall be charged to funds available on the date
services are rendered.
FIXED-FEE PRODUCT CONTRACT
CONTRACT AGREEMENT
THIS AGREEMENT is made and entered in this ------------ day of ----
----, 20--, by and between the (name of committee) of the United States
Senate, hereinafter referred to as the Committee, and (name of
contractor), hereinafter referred to as the Contractor, subject to the
approval of this agreement by the Committee on Rules and Administration
of the United States Senate.
It is hereby agreed that the Committee under authority of Section
---------- of Senate Resolution ------, agreed to ----------, 20--, --
-- Congress, retains the Contractor to furnish the Committee a study in
accordance with the attached Statement of Work.
The Committee agrees to pay the said Contractor the sum of $------
------ to be paid upon delivery to the Committee not later than ------
------, 20----, of the completed study in form and content satisfactory
to the Committee, provided, however, that such date may be extended by
mutual agreement of the parties to this agreement, and with the
approval of the Committee on Rules and Administration of the United
States Senate. It is understood, however, that the Committee reserves
the right to terminate this agreement at any time.
The Contractor further agrees and warrants that (it/he/she): \19\
---------------------------------------------------------------------------
\19\ In appropriate circumstances the Committee on Rules and
Administration may waive, or accept modifications to the following
provisions.
---------------------------------------------------------------------------
1. Has not employed any person to solicit or obtain this
agreement for any commission, percentage, brokerage or
contingent fee;
2. Will save the Government harmless from liability in
performance;
3. Will release no information obtained in carrying out the
provisions of the contract without prior consent of the
Committee;
4. Will not subcontract or assign elsewhere any of the work
or services involved without prior consent of the Committee;
5. Will not discriminate in its performance of this agreement
because of race, color, religion, national origin, sex, age, or
state of physical handicap, and shall comply with all laws
appertaining to the compensation of labor;
6. Has no conflict of interest, direct or indirect, financial
or otherwise, which would be applicable to the performance
obligations covered by this agreement.
7. If an allegation of a conflict of interest under paragraph
6 is brought to the attention of the Committee, the Contractor
agrees to fully cooperate with any investigation of the
allegation(s), and will disclose to the Committee any other
contract(s) to which it/he/she is a party, public or private,
or which it/he/she undertakes during the period of this
contract (including contracts entered into during the period of
this contract which include duties to be fulfilled after the
termination of this contract.)
No Member or Delegate to Congress, or Resident Commissioner, shall
be admitted to any share or part of this contract or to any benefit
that may arise therefrom.
Approved by the Committee on
Rules and Administration of the
United States Senate
------------------------------------
Chairman
Committee on ----------------------
------------------------------------
Chairman
------------------------------------
Ranking Minority Member
------------------------------------
Contractor
------------------------------------
Date
SERVICE CONTRACT
CONTRACT AGREEMENT
THIS AGREEMENT is made and entered into this -------------- day of
----------, 20--, by and between the (name of committee) of the United
States Senate, hereinafter referred to as the Committee, and (name of
contractor), hereinafter referred to as the Contractor, subject to the
approval of this agreement by the Committee on Rules and Administration
of the United States Senate.
It is hereby agreed that the Committee, under authority of Section
---------- of Senate Resolution ----, agreed to ------------, 20--, --
---------- Congress, retains the Contractor to render services in
accordance with the attached specifications.
The Committee agrees to pay the said Contractor for all such
contractual services rendered and expenses incurred in connection
therewith a sum not to exceed $------------. Such reimbursement to the
Contractor shall be paid from time to time on Committee vouchers upon
receipt of statements with supporting data for all expenses incurred,
and the Committee's judgment shall be final and conclusive with respect
to the validity of claims for reimbursement of such expenses, subject,
however, to the general authority of the said Committee on Rules and
Administration.
The Contractor agrees and warrants that it will fully complete
(its/his/her) services to the Committee hereunder no later than ------
----, 20--, unless said date shall be extended by mutual agreement of
the parties to this agreement, and with the approval of said Committee
on Rules and Administration.
The Contractor further agrees and warrants that (it/he/she): \20\
---------------------------------------------------------------------------
\20\ In appropriate circumstances the Committee on Rules and
Administration may waive, or accept modifications to the following
provisions.
---------------------------------------------------------------------------
1. Has not employed any person to solicit or obtain this
agreement for any commission, percentage, brokerage or
contingent fee;
2. Will save the Government harmless from liability in
performance;
3. Will release no information obtained in carrying out the
provisions of the contract without prior consent of the
Committee;
4. Will not subcontract or assign elsewhere any of the work
or services involved without prior consent of the Committee.
5. Will not discriminate in its performance of this agreement
because of race, color, religion, national origin, sex, age, or
state of physical handicap, and shall comply with all laws
appertaining to the compensation of labor;
6. Has no conflict of interest, direct or indirect, financial
or otherwise, which would be applicable to the performance
obligations covered by this agreement.
7. If an allegation of a conflict of interest under paragraph
6 is brought to the attention of the Committee, the Contractor
agrees to fully cooperate with any investigation of the
allegation(s), and will disclose to the Committee any other
contract(s) to which it/he/she is a party, public or private,
or which it/he/she undertakes during the period of this
contract (including contracts entered into during the period of
this contract which include duties to be fulfilled after the
termination of this contract).
No Member or Delegate to Congress, or Resident Commissioner, shall
be admitted to any share or part of this contract or to any benefit
that may arise therefrom.
Approved by the Committee on
Rules and Administration of the
United States Senate
------------------------------------
Chairman
Committee on ----------------------
------------------------------------
Chairman
------------------------------------
Ranking Minority Member
------------------------------------
Contractor
------------------------------------
Date
TRAINING OF PROFESSIONAL STAFF
----------
Statutory Authority
AUTHORITY FOR THE TRAINING OF PROFESSIONAL STAFF OF STANDING
COMMITTEES OF THE SENATE IS CONTAINED IN SECTION 202(j) OF THE
LEGISLATIVE REORGANIZATION ACT OF 1946. THE TEXT OF SECTION
202(j) IS AS FOLLOWS:
SECTION 202(j) OF THE LEGISLATIVE REORGANIZATION ACT OF 1946
(2 U.S.C. 4301)
(j)(1) Each standing committee of the Senate or House of
Representatives is authorized, with the approval of the
Committee on Rules and Administration in the case of standing
committees of the Senate, and the committee involved in the
case of standing committees of the House of Representatives,
and within the limits of funds made available from the
contingent fund of the Senate or the applicable accounts of the
House of Representatives pursuant to resolutions, which, in the
case of the Senate, shall specify the maximum amounts which may
be used for such purpose, approved by the appropriate House, to
provide assistance for members of its professional staff in
obtaining specialized training, whenever that committee
determines that such training will aid the committee in the
discharge of its responsibilities. Any joint committee of the
Congress whose expenses are paid out of funds disbursed by the
Secretary of the Senate or by the Chief Administrative Officer
of the House of Representatives, the Committee on
Appropriations of the Senate, and the Majority Policy Committee
and Minority Policy Committee of the Senate are each authorized
to expend, for the purpose of providing assistance in
accordance with paragraphs (2), (3), and (4) of this subsection
for members of its staff in obtaining such training, any part
of amounts appropriated to that committee.\21\
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\21\ As amended, Pub. Law 92-136, Oct. 11, 1971; Pub. Law 104-186,
Aug. 20, 1996; Pub. Law 105-55, Oct. 7, 1997.
---------------------------------------------------------------------------
(2) Such assistance may be in the form of continuance of
pay during periods of training or grants of funds to pay
tuition, fees, or such other expenses of training, or both, as
may be approved by the Committee on Rules and Administration or
the Committee on House Administration, as the case may be.
(3) A committee providing assistance under this subsection
shall obtain from any employee receiving such assistance such
agreement with respect to continued employment with the
committee as the committee may deem necessary to assure that it
will receive the benefits of such employee's services upon
completion of his training.
(4) During any period for which an employee is separated
from employment with a committee for the purpose of undergoing
training under this subsection, such employee shall be
considered to have performed service (in nonpay status) as an
employee of the committee at the rate of compensation received
immediately prior to commencing such training (including any
increases in compensation provided by law during the period of
training) for the purposes of----
(A) subchapter III (relating to civil service
retirement) of chapter 83 of title 5,
(B) chapter 87 (relating to Federal employees group
life insurance) of title 5, and
(C) chapter 89 (relating to Federal employees group
health insurance) of title 5.
Summary of Essential Requirements
While the provisions of section 202(j) and the regulations
issued pursuant thereto by the Committee on Rules and
Administration are deemed quite explicit, Senate committees
desiring specialized training for any of their professional
staff members should note:
(1) As for consultants, committees desiring authority and
funds for the training of their professional staffs must
include a specific allotment for the same in their annual or
supplemental expenditure authorization resolutions.
(2) That portion of the committee's total funds which is
allotted for training may not be exceeded for that purpose. A
committee is not precluded, however, from expending funds from
that allotment for other authorized purposes.
(3) Approval by the Senate of a resolution containing such
a training allotment, however, does not complete the
requirements. Specific requests, on an individual basis and in
conformity with the regulations which follow below, must be
submitted to the Committee on Rules and Administration for
final approval.
(4) The Committee on Rules and Administration will consider
only requests for training of professional staff that do not
exceed a period of 30 days.
(5) While the Legislative Reorganization Act of 1970
limited the training privilege to standing committees (except
Appropriations), Public Law 92-136 (85 Stat. 378, Oct. 11,
1971) has extended the same privilege to joint committees, to
the Senate Appropriations Committee, and to the Senate Majority
and Minority Policy Committees. S. Res. 425, agreed to Aug. 12,
1982, extended this privilege to the Select Committee on
Ethics.
The regulations issued by the Committee on Rules and
Administration in respect to training of professional staff
members of Senate committees, including a sample form for the
required ``Agreement on Continued Employment'', are as follows:
Regulations Governing Training of Professional Staff of Senate
Committees
(Adopted by the Committee on Rules and Administration on
October 20, 1971; amended July 26, 1979, and September 22,
1982)
Section 202(j) of the Legislative Reorganization Act of
1946, as amended by section 304 of Public Law 91-510, approved
October 26, 1970, provides for the expenditure of funds
available to standing committees of the Senate for the
specialized training of professional staff under certain
conditions enumerated therein, including the approval of the
Committee on Rules and Administration.
The Committee on Rules and Administration has determined
that attendance at conferences, seminars, or briefings by
authorized professional staff will not be considered as
training under the statutory provisions of section 202(j) when
the following conditions apply:
1. The sponsoring organization has been requested to
waive or reduce the attendance or registration fee for
Government participation;
2. The fee involved (actual or reduced) is not in
excess of $500; and
3. The duration of the meeting does not exceed 5
days.
When all three of the above limitations are met, fees and
traveling expenses involved may be incurred by authorized
standing committees without specific advance approval of the
Committee on Rules and Administration. A fee or time duration
for meetings in excess of the aforementioned must be approved
in advance by the Committee on Rules and Administration at
which time that Committee will determine the classification of
the proposed charges as either ``training'' which requires
compliance with all of the provisions of section 202(j), or
``non-training''.
Definitions
Under the authority granted to it to supervise staff
training, the Committee on Rules and Administration has adopted
the following definitions:
1. Training
Training means the process of providing for and making
available to an employee, and placing or enrolling the employee
in, a planned, prepared, and coordinated program, course,
curriculum, subject, system, or routine of instruction or
education, in scientific, professional or technical fields
which are or will be directly related to the performance by the
employee of official duties for the Senate, in order to
increase the knowledge, proficiency, ability, skill and
qualifications of the employee in the performance of official
duties.
2. Training Expenses
The following will be considered as ``Training Expenses'':
(a) Compensation paid an employee during training
periods in excess of 15 days. (Excludes the
compensation cost involved in seminar attendance within
the 2-week range. In these cases, the training expense
would be the fees involved and travel expenses
incurred, which would be processed on one voucher.)
(b) Travel expenses incurred in direct connection
with training.
(c) Tuition, matriculation and other required fees
incident thereto.
(d) Such other direct expenses as may be necessary
and as approved by the Committee on Rules and
Administration.
(e) Fund grants, in lieu of actual expenses, as
approved by the Committee on Rules and Administration.
The following requirements shall be contained in the
agreements on continued employment (section 202(j)(3)):
1. Each request for approval of a training authorization of
more than 15 days duration shall be accompanied by a copy of
the agreement specifying a continued employment after training
period, as required by section 202(j)(3), signed by the
employee; and
2. Each such agreement shall contain a warranty by said
employee that a repayment of the training expenditure
(excluding compensation) on a pro rata basis commensurate with
the unexpired portion of the specified continuous employment
period will be made by said employee should he or she leave the
Government service prior to the full discharge of the
employee's obligation under said agreement. The Committee on
Rules and Administration shall be notified immediately of any
instance of default.
(A sample form which may be used for such agreement on
continued employment is included at the end of these
regulations.)
The separation of an employee from a committee for a
limited and specified period for the purpose of training, but
continuing that employee's benefits as specified by section
202(j)(4), shall also require advanced approval of the
Committee on Rules and Administration.
A committee desiring to provide assistance for the
specialized training of one or more of its professional staff
shall submit its request, in writing, to the Committee on Rules
and Administration sufficiently in advance of the proposed
training date to allow ample time for decision and reply. The
requests shall contain complete explanatory details and comply
strictly with the requirements of section 202(j) and these
regulations.
The Committee on Rules and Administration will consider
only those requests for the training of professional staff
which do not exceed a period of 30 days.
AGREEMENT ON CONTINUED EMPLOYMENT
This agreement is made and executed this ------ day of --------,
20--,
in Washington, D.C., between the ------------ Committee on ------------
---- of the United States Senate (hereafter referred to as the
``Committee'') and ---------------------- (hereafter referred to as the
``Employee''). The Committee and the Employee mutually agree as
follows:
1. The Committee agrees to pay the following expenses of the
Employee related to training received by him/her while enrolled
in ---------------------- -------------------------- at ------
---------------- during the period from ------------------
through ------------------:
(1)
(2)
(3)
(4)
(5)
2. The Employee agrees to continue in the employment of the
Committee for a period of ------------------ commencing after the
Employee completes the training referred to in paragraph 1 of this
agreement, unless such employment is terminated prior to the end of
such period as a result of (1) the death of the Employee, (2)
disability of the Employee, (3) the desire of the Committee to
terminate the employment of the Employee, or (4) the consent of the
Committee to the appointment of the Employee to another position in the
United States Government.
3. The Employee agrees that, if he or she is separated from
employment with the Committee for any reason other than one of the
reasons specified in paragraph 2 of this agreement, and such separation
occurs prior to the expiration of a period of continuous employment
equal in duration to the period specified in paragraph 2, he or she
will make repayment to the United States Government of those training
expenses referred to in paragraph 1 (other than compensation) on a pro
rata basis commensurate with the portion of such period remaining to be
served by the Employee at the time of such separation. For the purposes
of this paragraph, employment with the Committee includes employment
with any other department, agency, or establishment of the United
States Government with the consent of the Committee.
4. The Committee and the Employee agree that this agreement shall
have no effect unless the training expenses referred to in paragraph 1
are approved by the Committee on Rules and Administration of the
Senate.
Witness our hands the day and year first written above.
Committee on ----------------------
By: --------------------------------
Chairman
------------------------------------
Employee
USE OF AGENCY PERSONNEL BY COMMITTEES OF THE SENATE (REIMBURSABLE AND
NON-REIMBURSABLE SERVICES)
----------
Authority
The specific authority and conditions for the use of the
services of employees of other Government agencies by
committees of the Senate are contained in----
(1) Paragraph 4 of Rule XXVII of the Standing Rules of the
Senate (see below);
(2) Section 2 of the Wherry Resolution, agreed to by the
Senate on June 28, 1945\22\; and
---------------------------------------------------------------------------
\22\ S. Jour. 288, 79-1, June 28, 1945.
---------------------------------------------------------------------------
(3) Individual Senate resolutions authorizing funds for
committees (see Resolution Form 1).\23\
---------------------------------------------------------------------------
\22\ Each portion of the omnibus resolution specifying a
committee's authority permits the detail or assignment of personnel
from other departments or agencies of the government to the staff of a
committee, on either a ``reimbursable'' or ``non-reimbursable'' basis.
---------------------------------------------------------------------------
PARAGRAPH 4 OF RULE XXVII OF THE STANDING RULES OF THE SENATE
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.\24\
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\24\ Section 235(a) of the Legislative Reorganization Act of 1970
prohibits the assignment or detail of any employee of the Government
Accountability Office to full-time duty on a continuing basis with any
Senate or House committee or joint committee for a period in excess of
one year. (Pub. Law 91-510, 84 Stat. 1171, Oct. 26, 1970.)
---------------------------------------------------------------------------
Procedure
Under the usual procedure, the chairman of a committee
desiring to secure the services of the employee of another
agency of the Federal Government shall request advance
approval, in writing, from the Committee on Rules and
Administration for the expenditure of committee funds for such
purpose. The chairman's letter should contain the following
information:
(1) The individual's name, title, annual salary, and
GS grade and step;
(2) The general nature of the work to be performed;
(3) The period of time involved (not to extend beyond
the end of the succeeding February);
(4) A statement designating whether this is a
reimbursable or non-reimbursable detail.
(5) Identification and availability of the funds to
be allocated;
(6) Enclosure of the notification of the particular
Government agency's agreement to the temporary detail
of its employee; and
(7) Enclosure for each employee of a completed form,
``Agreement To Comply With the Senate Code of Official
Conduct''.
(Forms available from the Select Committee on Ethics.)
The Committee on Rules and Administration will reply
promptly to all requests of this type and send a copy of its
decision to the Senate Financial Clerk for his information and
guidance.
COMPENSATION FOR COMMITTEE STAFF
----------
SUBSECTIONS (e)(3) AND (f) OF SECTION 105 OF THE LEGISLATIVE BRANCH
APPROPRIATIONS ACT, 1968, AS AMENDED \25\
(2 U.S.C. 4575)
(e)(3)(A)(ii) An employee of a subcommittee shall be
considered to be an employee of the full committee.
---------------------------------------------------------------------------
\25\ Authority for the figures included is provided for in Public
Law 111-68, Oct. 1, 2009; and the Salary Directive of President pro
tempore of the Senate, Dec. 23, 2014.
---------------------------------------------------------------------------
(e)(3)(B) Subject to adjustment as provided by law, no
employee of a committee of the Senate shall be paid at a per
annum gross rate in excess of $171,315.
(f) No officer or employee whose compensation is disbursed
by the Secretary of the Senate, shall be paid gross
compensation at a rate less than $2,798 or in excess of
$169,459 unless expressly authorized by law. * * * *
ASSISTANCE WITH COMMITTEE-RELATED WORK
----------
Each Member of the Senate is authorized by section 111(c)
of the Legislative Branch Appropriation Act, 1978 (Pub. Law 95-
94, 91 Stat. 662-663, Aug. 5, 1977), to designate employees in
his or her office to assist in connection with membership on
committees of the Senate. With certain exceptions, an employee
so designated is to be accorded all privileges of a
professional staff member of the committee to which designated.
The text of section 111 of the Legislative Branch Appropriation
Act, 1978, as amended, is as follows:
Sec. 111. (a) Except as provided in subsection (b), the
aggregate of the gross compensation which may be paid to
employees in the office of a Senator during each fiscal year
under section 105(d) of the Legislative Branch Appropriation
Act, 1968, as amended and modified (2 U.S.C. 4575(d)), is
increased by an amount equal to three times the maximum annual
gross rate that may be paid to an employee of the office a
Senator.\26\
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\26\ Pursuant to Pub. L. 102-392, Oct. 6, 1992.
---------------------------------------------------------------------------
(b) Repealed, effective the first day of the 100th
Congress. (Pub. Law 100-137, Oct. 21, 1987)
(c)(1) A Senator may designate employees in his office to
assist him in connection with his membership on committees of
the Senate. An employee may be designated with respect to only
one committee.
(2) An employee designated by a Senator under this
subsection shall be certified by him to the chairman and
ranking minority member of the committee with respect to which
such designation is made. Such employee shall be accorded all
privileges of a professional staff member (whether permanent or
investigatory) of such committee including access to all
committee sessions and files, except that any such committee
may restrict access to its sessions to one staff member per
Senator at a time and require, if classified material is being
handled or discussed, that any staff member possess the
appropriate security clearance before being allowed access to
such material or to discussion of it. Nothing contained in this
paragraph shall be construed to prohibit a committee from
adopting policies and practices with respect to the application
of this subsection which are similar to the policies and
practices adopted with respect to the application of section
705(c)(1) of Senate Resolution 4, 95th Congress, and section
106(c)(1) of the Supplemental Appropriations Act, 1977.
(3) A Senator shall notify the chairman and ranking
minority member of a committee whenever a designation of an
employee under this subsection with respect to such committee
is terminated.
REGULATION TO PROVIDE MORE EFFECTIVE CONTROL OVER PAYMENTS MADE FROM
CONTINGENT FUND OF THE SENATE
(Adopted by the Committee on Rules and Administration on October 22,
1975, and amended on December 20, 2007)
----------
Each activity authorized to make expenditures from the
Contingent Fund of the Senate shall maintain an account of
funds so authorized and expended, which account shall be
reconciled at least semiannually with the account maintained
for such activity by the Senate Disbursing Office. Each
reconciliation shall also include an audit of any and all cash
advances made to the respective activity under authority of
Public Law 118, 81st Congress (2 U.S.C. 4333).
The Financial Clerk is directed to report to the Committee
on Rules and Administration each time the accounts are
reconciled and identify any exceptions arising from the account
reconciliation or audit of cash advances. All activities
subject to this regulation are hereby directed to complete the
first account reconciliation and audit of cash advances no
later than February 29, 1976.
The Auditor of the Committee on Rules and Administration
shall (1) maintain a record of the reports filed by the
Financial Clerk, (2) examine and investigate all reports
containing exceptions and report his findings to the Committee,
and (3) notify any activity that has not complied with this
regulation.
Activity as used in this regulation includes all standing
committees, subcommittees, joint committees, select and special
committees, offices and commissions, whether funded by an
appropriation or a Senate resolution.
REGULATIONS GOVERNING SEMI-ANNUAL CONTINGENT FUND RECONCILIATION
(Adopted by the Committee on Rules and Administration on December 20,
2007)
----------
The following are requirements for the semi-annual
contingent fund reconciliation:
1. All ledgers are to be maintained under the procedures
prescribed by the Disbursing Office, except as noted, for
electronic spreadsheet ledgers or ledgers maintained manually
as follows:
2. Require ledgers maintained manually be kept in ink.
3. Require all ledgers to be closed out on a monthly basis
consistent with the samples which are provided by the
Disbursing Office.
4. All outstanding vouchers on the office ledgers must be
supported by either the original voucher or copies of the
original vouchers which have been signed by the chairman or
Senate official. Every effort should be made to determine the
status of any unpaid voucher which is more than 90 days old
prior to the semi-annual reconciliation.
5. Any ledgers which are submitted for reconciliation which
have not been maintained in accordance with the procedures
which have been established will not be considered for
reconciliation and will be reported to the Committee on Rules
and Administration as not having been reconciled.
6. The Disbursing Office will provide ledger copies to all
committees or offices monthly. Every effort should be made by
the committee or office to reconcile their ledgers with the
information provided by the Disbursing Office. If there are any
discrepancies they should be resolved immediately.
7. Internal procedures should be established by each
committee or office to insure the accuracy, integrity and
neatness of their ledgers.
8. Posting errors for ledgers maintained by hand must be
corrected through the use of adjusting entries only. At no time
will white-out, tape or erasures be used to make corrections.
9. Statutory advances and repayments (travel or petty cash
advances) must be posted to the ledger.
10. Two copies of reconciled ledgers maintained by
electronic spread sheets are archived; one copy by the
committee or Senate office and one copy by the Disbursing
Office.
11. Committees or offices which maintain checking accounts
are required to present to the Disbursing Office at the time of
their account reconciliation the most recent reconciled bank
statement. The Disbursing Office may request cancelled checks
and reconciled bank statements from prior months if necessary.
12. Running balances are to be maintained on available
balance column of both the manual or electronic spread sheet
ledgers.
13. Ledger headings, authorizations and page numbers are to
be completed for all manually maintained ledgers. The same
information should be incorporated into an electronic spread
sheet ledger.
14. Manual Ledgers are to be maintained on a 24-column
spread ledger available in the Disbursing Office. Electronic
spread sheet ledgers are to be maintained only on an approved
spread sheet authorized by the Committee on Rules and
Administration.
REGULATIONS GOVERNING PAYMENTS AND REIMBURSEMENTS FROM THE SENATE
CONTINGENT FUND FOR EXPENSES OF SENATE COMMITTEES AND ADMINISTRATIVE
OFFICES
(Adopted by the Committee on Rules and Administration on July 23, 1987
as authorized by S. Res. 258, 100th Cong., 1st sess., these regulations
supercede regulations adopted by the Committee on October 22, 1975 and
April 30, 1981)
----------
Section 1. Unless otherwise authorized by law or waived
pursuant to Section 6, herein, no payment or reimbursement will
be made from the contingent fund of the Senate for any official
expenses incurred by any Senate committee (standing, select,
joint, or special), commission, administrative office, or other
authorized Senate activity whose funds are disbursed by the
Secretary of the Senate, in excess of $50, unless the voucher
submitted for such expenses is accompanied by documentation,
and the voucher is certified by the properly designated staff
member and approved by the Chairman or elected Senate officer.
The designation of such staff members for certification shall
be done by means of a letter to the Chairman of the Committee
on Rules and Administration. ``Official expenses'', for the
purposes of these regulations, means ordinary and necessary
business expenses in support of a committee's or administrative
office's official duties.
Section 2. Such documentation should consist of invoices,
bills, statements, receipts, or other evidence of expenses
incurred, and should include ALL of the following information:
(a) date expense was incurred;
(b) the amount of the expense;
(c) the product or service that was provided;
(d) the vendor providing the product or service;
(e) the address of the vendor; and
(f) the person or office to whom the product or
service was provided.
Expenses being claimed should reflect only current charges.
Original copies of documentation should be submitted. However,
legible facsimiles will be accepted.
Section 3. Official expenses of $50 or less must either be
documented or must be itemized in sufficient detail so as to
leave no doubt of the identity of, and the amount spent for,
each item. However, hotel bills or other evidence of lodging
costs will be considered necessary in support of per diem
expenses and cannot be itemized.
Section 4. Documentation for services rendered on a
contract fee basis shall consist of a contract status report
form available from the Disbursing Office. However, other
expenses authorized expressly in the contract will be subject
to the documentation requirements set forth in these
regulations.
Section 5. No documentation will be required for the
following expenses:
(a) Salary reimbursement for compensation on a ``When
Actually Employed'' basis;
(b) reimbursement of official travel in a privately
owned vehicle;
(c) foreign travel expenses incurred by official
congressional delegations, pursuant to S. Res. 179,
95th Cong, 1st sess.;
(d) expenses for receptions of foreign dignitaries,
pursuant to S. Res. 247, 87th Cong., 2nd sess., as
amended; and
(e) expenses for receptions of foreign dignitaries
pursuant to Sec. 2 of Pub. L. 100-71 effective July 11,
1987.
Section 6. In special circumstances, the Committee on Rules
and Administration may require documentation for expenses
incurred of $50 or less, or authorize payment of expenses
incurred in excess of $50 without documentation.
Section 7. Cash advances from the Disbursing Office are to
be used for travel and petty cash expenses only. No more than
$5,000 may be outstanding at one time for Senate committees or
administrative offices, unless otherwise authorized by law or
resolution, and no more than $300 of that amount may be used
for a petty cash fund. The individual receiving the cash
advance will be personally liable. The Committee on Rules and
Administration may, in special instances, increase these
nonstatutory limits upon written request by the Chairman of
that committee and proper justification.
Section 8. Documentation of petty cash expenses shall be
listed on an official petty cash itemization sheet available
from the Disbursing Office and should include ALL of the
following information:
(a) date expense was incurred;
(b) amount of expense;
(c) product or service provided; and
(d) the person incurring the expense (payee).
Each sheet must be signed by the Senate employee receiving
cash and an authorizing official (i.e., someone other than the
employee(s) authorized to certify vouchers). Original receipts
or facsimiles must accompany the itemization sheet for petty
cash expenses over $50.
Section 9. Petty cash funds should be used for the
following incidental expenses:
(a) postage;
(b) delivery expenses;
(c) interdepartmental transportation (reimbursements
for parking, taxi, subway, bus, poa, etc.)
(d) single copies of publications (not
subscriptions);
(e) office supplies not available in the Senate
Stationery Room; and
(f) official telephone calls made from a staff
member's residence or toll charges incurred within a
staff member's duty station.
Petty cash funds should not be used for the procurement of
equipment.
Section 10. Committees are encouraged to maintain a
separate checking account only for the purpose of a petty cash
fund and with a balance not in excess of $300.
Section 11. Vouchers for the reimbursement of official
travel expenses to a committee chairman or member, officer,
employee, contractor, detailee, or witness shall be accompanied
by an ``Expense Summary Report'' signed by such person.
Vouchers for the reimbursement to any such individual for
official expenses other than travel expenses shall be
accompanied by an ``Expense Summary Report--Non Travel'' signed
by such person.
CONTRACT STATUS REPORT
Name of contractor:...................................................
Amount of contract:...................................................
Contract approval Type of contract: ..................................
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REGULATIONS GOVERNING CASH ADVANCES FOR OFFICIAL SENATE TRAVEL
(Adopted by the Committee on Rules and Administration on July 23, 1987
as authorized by S. Res. 258 and amended December 20, 2007 in the
revision of the Senate Travel Regulations)
----------
I. These regulations apply to Senate travelers of all
authorized activities whose expenses are paid from the
contingent fund of the Senate except those travelers whose
expenses are paid from a Member's Official Office Expense
Account.
II. Cash advances for official Senate travel shall be
repaid within 30 days after completion of travel. Anyone with
an outstanding advance at the end of the 30-day period will be
notified by the Disbursing Office that they must repay within
15 days, or their salary may be garnisheed in order to satisfy
their indebtedness to the Federal government.
III. No more than two cash advances per traveler may be
outstanding at any one time.
IV. Cash advances for travel will be issued only to the
person traveling (photo ID required), with exceptions being
made for Members and elected officers of the Senate.
POLICY ON COMMITTEE WORK AND HOUSING FOR COMMITTEE STAFF
Pursuant to each committee's authorizing resolution, funds
are made available from the Contingent Fund of the Senate to
assist a committee in carrying out its powers, duties, and
functions under the Standing Rules of the Senate. These
responsibilities include 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.
Therefore, committee staff may not engage in work other than
committee business.
In addition, it remains the policy of the Rules Committee
that all committee staff paid by committee funds will be housed
in committee space.
SPECIAL RESERVES
114th Congress
Section 20 of S. Res. 73, established a Special Reserve
within the funds in the account ``Expenses of Inquiries and
Investigations.'' The special reserve was available to any
committee funded by S. Res. 73 on the basis of unanticipated,
non-recurring needs. Special reserves had to be requested by
the chairman and ranking member of a committee subject to the
approval of the chairman and ranking member of the Committee on
Rules and Administration. No funding was made available for
special reserves in the 114th Congress.