[Congressional Record Volume 147, Number 25 (Wednesday, February 28, 2001)]
[Senate]
[Pages S1686-S1688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    RULES AND SUBCOMMITTEE ASSIGNMENTS FOR THE AGRICULTURE COMMITTEE

  Mr. LUGAR. Mr. President, today the Committee on Agriculture, 
Nutrition, and Forestry conducted a business meeting where the 
committee funding resolution, committee rules and subcommittee 
assignments were considered favorably and passed out of the Committee. 
I ask unanimous consent that a copy of the rules of the committee and a 
memorandum of understanding be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Jurisdiction of the Committee on Agriculture, Nutrition, and Forestry

       (a)(1) Committee on Agriculture, Nutrition, and Forestry, 
     to which committee shall be referred all proposed 
     legislation, messages, petitions, memorials, and other 
     matters relating primarily to the following subjects:
       1. Agricultural economics and research.
       2. Agricultural extension services and experiment stations.
       3. Agricultural production, marketing, and stabilization of 
     prices.
       4. Agriculture and agricultural commodities.
       5. Animal industry and diseases.
       6. Crop insurance and soil conservation.
       7. Farm credit and farm security.
       8. Food from fresh waters.
       9. Food stamp programs.
       10. Forestry, and forest reserves and wilderness areas 
     other than those created from the public domain.
       11. Home economics.
       12. Human nutrition.
       13. Inspection of livestock, meat, and agricultural 
     products.
       14. Pests and pesticides.
       15. Plant industry, soils, and agricultural engineering.
       16. Rural development, rural electrification, and 
     watersheds.
       17. School nutrition programs.
       (2) Such committee shall also study and review, on a 
     comprehensive basis, matters relating to food, nutrition, and 
     hunger, both in the United States and in foreign countries, 
     and rural affairs, and report thereon from time to time.


     RULES OF THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

                            Rule 1--Meetings

       1.1  Regular Meetings.--Regular meetings shall be held on 
     the first and third Wednesday of each month when Congress is 
     in session.
       1.2  Additional Meetings.--The Chairman, in consultation 
     with the ranking minority member, may call such additional 
     meetings as he deems necessary.
       1.3  Notification.--In the case of any meeting of the 
     committee, other than a regularly scheduled meeting, the 
     clerk of the committee shall notify every member of the 
     committee of the time and place of the meeting and shall give 
     reasonable notice which, except in extraordinary 
     circumstances, shall be at least 24 hours in advance of any 
     meeting held in Washington, DC, and at least 48 hours in the 
     case of any meeting held outside Washington, DC.
       1.4  Called Meeting.--If three members of the committee 
     have made a request in writing to the Chairman to call a 
     meeting of the committee, and the Chairman fails to call such 
     a meeting within 7 calendar days thereafter, including the 
     day on which the written notice is submitted, a majority of 
     the members may call a meeting by filing a written notice 
     with the clerk of the committee who shall promptly notify 
     each member of the committee in writing of the date and 
     time of the meeting.
       1.5  Adjournment of Meetings.--The Chairman of the 
     committee or a subcommittee shall be empowered to adjourn any 
     meeting of the committee or a subcommittee if a quorum is not 
     present within 15 minutes of the time scheduled for such 
     meeting.

                Rule 2--Meetings and Hearings in General

       2.1  Open Sessions.--Business meetings and hearings held by 
     the committee or any subcommittee shall be open to the public 
     except as otherwise provided for in Senate Rule XXVI, 
     paragraph 5.
       2.2  Transcripts.--A transcript shall be kept of each 
     business meeting and hearing of the committee or any 
     subcommittee unless a majority of the committee or the 
     subcommittee agrees that some other form of permanent record 
     is preferable.
       2.3  Reports.--An appropriate opportunity shall be given 
     the Minority to examine the proposed text of committee 
     reports prior to their filing or publication. In the event 
     there are supplemental, minority, or additional views, an 
     appropriate opportunity shall be given the Majority to 
     examine the proposed text prior to filing or publication.
       2.4  Attendance.--(a) Meetings. Official attendance of all 
     markups and executive sessions of the committee shall be kept 
     by the committee clerk. Official attendance of all 
     subcommittee markups and executive sessions shall be kept by 
     the subcommittee clerk.
       (b) Hearings. Official attendance of all hearings shall be 
     kept, provided that, Senators are notified by the committee 
     Chairman and ranking minority member, in the case of 
     committee hearings, and by the subcommittee Chairman and 
     ranking minority member, in the case of subcommittee 
     hearings, 48 hours in advance of the hearing that attendance 
     will be taken. Otherwise, no attendance will be taken. 
     Attendance at all hearings is encouraged.

                       Rule 3--Hearing Procedures

     3.1  Notice.--Public notice shall be given of the date, 
     place, and subject matter of any hearing to be held by the 
     committee or any subcommittee at least 1 week in advance of 
     such hearing unless the Chairman of the full committee or the 
     subcommittee determines that the hearing is noncontroversial 
     or that

[[Page S1687]]

     special circumstances require expedited procedures and a 
     majority of the committee or the subcommittee involved 
     concurs. In no case shall a hearing be conducted with less 
     than 24 hours notice.
       3.2  Witness Statements.--Each witness who is to appear 
     before the committee or any subcommittee shall file with the 
     committee or subcommittee, at least 24 hours in advance of 
     the hearing, a written statement of his or her testimony and 
     as many copies as the Chairman of the committee or 
     subcommittee prescribes.
       3.3  Minority Witnesses.--In any hearing conducted by the 
     committee, or any subcommittee thereof, the minority members 
     of the committee or subcommittee shall be entitled, upon 
     request to the Chairman by the ranking minority member of the 
     committee or subcommittee to call witnesses of their 
     selection during at least 1 day of such hearing pertaining to 
     the matter or matters heard by the committee or 
     subcommittee.
       3.4  Swearing in of Witnesses.--Witnesses in committee or 
     subcommittee hearings may be required to give testimony under 
     oath whenever the Chairman or ranking minority member of the 
     committee or subcommittee deems such to be necessary.
       3.5  Limitation.--Each member shall be limited to 5 minutes 
     in the questioning of any witness until such time as all 
     members who so desire have had an opportunity to question a 
     witness. Questions from members shall rotate from majority to 
     minority members in order of seniority or in order of arrival 
     at the hearing.

                          Rule 4--Nominations

       4.1  Assignment.--All nominations shall be considered by 
     the full committee.
       4.2  Standards.--In considering a nomination, the committee 
     shall inquire into the nominee's experience, qualifications, 
     suitability, and integrity to serve in the position to which 
     he or she has been nominated.
       4.3  Information.--Each nominee shall submit in response to 
     questions prepared by the committee the following 
     information:
       (1) A detailed biographical resume which contains 
     information relating to education, employment, and 
     achievements;
       (2) Financial information, including a financial statement 
     which lists assets and liabilities of the nominee; and
       (3) Copies of other relevant documents requested by the 
     committee. Information received pursuant to this subsection 
     shall be available for public inspection except as 
     specifically designated confidential by the committee.
       4.4  Hearings.--The committee shall conduct a public 
     hearing during which the nominee shall be called to testify 
     under oath on all matters relating to his or her suitability 
     for office. No hearing shall be held until at least 48 hours 
     after the nominee has responded to a prehearing questionnaire 
     submitted by the committee.
       4.5  Action on Confirmation.--A business meeting to 
     consider a nomination shall not occur on the same day that 
     the hearing on the nominee is held. The Chairman, with the 
     agreement of the ranking minority member, may waive this 
     requirement.

                            Rule 5--Quorums

       5.1  Testimony--For the purpose of receiving evidence, the 
     swearing of witnesses, and the taking of sworn or unsworn 
     testimony at any duly scheduled hearing, a quorum of the 
     committee and the subcommittee thereof shall consist of one 
     member.
       5.2  Business.--A quorum for the transaction of committee 
     or subcommittee business, other than for reporting a measure 
     or recommendation to the Senate or the taking of testimony, 
     shall consist of one-third of the members of the committee or 
     subcommittee, including at least one member from each party.
       5.3  Reporting.--A majority of the membership of the 
     committee shall constitute a quorum for reporting bills, 
     nominations, matters, or recommendations to the Senate. No 
     measure or recommendation shall be ordered reported from the 
     committee unless a majority of the committee members are 
     physically present. The vote of the committee to report a 
     measure or matter shall require the concurrence of a majority 
     of those members who are physically present at the time the 
     vote is taken.

                             Rule 6--Voting

       6.1  Rollcalls.--A roll call vote of the members shall be 
     taken upon the request of any member.
       6.2  Proxies.--Voting by proxy as authorized by the Senate 
     rules for specific bills or subjects shall be allowed 
     whenever a quorum of the committee is actually present.
       6.3  Polling.--The committee may poll any matters of 
     committee business, other than a vote on reporting to the 
     Senate any measures, matters or recommendations or a vote on 
     closing a meeting or hearing to the public, provided that 
     every member is polled and every poll consists of the 
     following two questions:
       (1) Do you agree or disagree to poll the proposal; and
       (2) Do you favor or oppose the proposal.
       If any member requests, any matter to be polled shall be 
     held for meeting rather than being polled. The chief clerk of 
     the committee shall keep a record of all polls.

                         Rule 7--Subcommittees

       7.1  Assignments.--To assure the equitable assignment of 
     members to subcommittees, no member of the committee will 
     receive assignment to a second subcommittee until, in order 
     of seniority, all members of the committee have chosen 
     assignments to one subcommittee, and no member shall receive 
     assignment to a third subcommittee until, in order of 
     seniority, all members have chosen assignments to two 
     subcommittees.
       7.2  Attendance.--Any member of the committee may sit with 
     any subcommittee during a hearing or meeting but shall not 
     have the authority to vote on any matter before the 
     subcommittee unless he or she is a member of such 
     subcommittee.
       7.3  Ex Officio Members.--The Chairman and ranking minority 
     member shall serve as nonvoting ex officio members of the 
     subcommittees on which they do not serve as voting members. 
     The Chairman and ranking minority member may not be counted 
     toward a quorum.
       7.4  Scheduling.--No subcommittee may schedule a meeting or 
     hearing at a time designated for a hearing or meeting of the 
     full committee. No more than one subcommittee business 
     meeting may be held at the same time.
       7.5  Discharge.--Should a subcommittee fail to report back 
     to the full committee on any measure within a reasonable 
     time, the Chairman may withdraw the measure from such 
     subcommittee and report that fact to the full committee for 
     further disposition. The full committee may at any time, by 
     majority vote of those members present, discharge a 
     subcommittee from further consideration of a specific piece 
     of legislation.
       7.6  Application of Committee Rules to Subcommittees.--The 
     proceedings of each subcommittee shall be governed by the 
     rules of the full committee, subject to such authorizations 
     or limitations as the committee may from time to time 
     prescribe.

           Rule 8--Investigations, subpoenas and depositions

       8.1  Investigations.--Any investigation undertaken by the 
     committee or a subcommittee in which depositions are taken or 
     subpoenas issued, must be authorized by a majority of the 
     members of the committee voting for approval to conduct such 
     investigation at a business meeting of the committee convened 
     in accordance with Rule 1.
       8.2  Subpoenas.--The Chairman, with the approval of the 
     ranking minority member of the committee, is delegated the 
     authority to subpoena the attendance of witnesses or the 
     production of memoranda, documents, records, or any other 
     materials at a hearing of the committee or a subcommittee or 
     in connection with the conduct of an investigation authorized 
     in accordance with paragraph 8.1. The Chairman may subpoena 
     attendance or production without the approval of the ranking 
     minority member when the Chairman has not received 
     notification from the ranking minority member of disapproval 
     of the subpoena within 72 hours, excluding Saturdays and 
     Sundays, of being notified of the subpoena. If a subpoena is 
     disapproved by the ranking minority member as provided in 
     this paragraph the subpoena may be authorized by vote of the 
     members of the committee. When the committee or Chairman 
     authorizes subpoenas, subpoenas may be issued upon the 
     signature of the Chairman or any other member of the 
     committee designated by the Chairman.
       8.3  Notice for Taking Depositions.--Notices for the taking 
     of depositions, in an investigation authorized by the 
     committee, shall be authorized and be issued by the Chairman 
     or by a staff officer designated by him. Such notices shall 
     specify a time and place for examination, and the name of the 
     Senator, staff officer or officers who will take the 
     deposition. Unless otherwise specified, the deposition shall 
     be in private. The committee shall not initiate procedures 
     leading to criminal or civil enforcement proceedings for a 
     witness' failure to appear unless the deposition notice was 
     accompanied by a committee subpoena.
       8.4  Procedure for Taking Depositions.--Witnesses shall be 
     examined upon oath administered by an individual authorized 
     by local law to administer oaths. The Chairman will rule, by 
     telephone or otherwise, on any objection by a witness. The 
     transcript of a deposition shall be filed with the committee 
     clerk.

                       Rule 9--Amending the rules

       These rules shall become effective upon publication in the 
     Congressional Record. These rules may be modified, amended, 
     or repealed by the committee, provided that all members are 
     present or provide proxies or if a notice in writing of the 
     proposed changes has been given to each member at least 48 
     hours prior to the meeting at which action thereon is to be 
     taken. The changes shall become effective immediately upon 
     publication of the changed rule or rules in the Congressional 
     Record, or immediately upon approval of the changes if so 
     resolved by the committee as long as any witnesses who may be 
     affected by the change in rules are provided with them.
                                  ____


Memorandum of Understanding between the Chairman and Ranking Democratic 
  Member, U.S. Senate Committee on Agriculture, Nutrition and Forestry

       This Memorandum of Understanding (MOU) between Chairman 
     Richard Lugar and Ranking Democratic Member Tom Harkin 
     addresses Senate Agriculture Committee operational details 
     and budget issues for the duration of the 107th Congress.


                     Hearings and Business Sessions

       We agree that all hearings and business sessions will be 
     called by Chairman Lugar. The Chairman agrees to also 
     schedule hearings and business meetings requested by Senator 
     Harkin. Business sessions will only be

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     held at the full Committee level. All hearings and business 
     sessions in Washington, D.C. will be Chaired by Chairman 
     Lugar. Field Hearings will be chaired by Chairman Lugar or by 
     Senator Harkin at the election of Chairman Lugar. With 
     respect to any investigation authorized by the Committee, 
     Chairman Lugar and Senator Harkin will resolve issues related 
     to subpoenas and depositions consistent with the foregoing 
     understanding.


                           Hearing Witnesses

       We agree that Republican and Democratic Committee staff 
     will work together in planning hearings and in the selection 
     of witnesses. Staff shall work to develop an agreed upon list 
     of specific witnesses for hearings. To the extent there is 
     disagreement concerning the naming of a specific witness or 
     witnesses, accommodation will be reached between the 
     Committee staff directors. We agree that to the maximum 
     extent possible, the list of witnesses should be evenly 
     divided between Republican and Democratic choices.


                             Subcommittees

       Subcommittee Chairmen and Democratic Ranking Members are 
     encouraged to carefully review hearing and hearing witness 
     agreements between Chairman Lugar and Senator Harkin at the 
     full Committee level when considering and selecting witnesses 
     for subcommittee-level hearings.


                        10% Administrative Funds

       S. Res. 8 states that up to an additional 10% of the 
     committee budget shall be allocated for administrative 
     expenses. We agree these funds shall be evenly divided 
     between the majority and minority budgets with each having 
     discretion on the use of such funds, pending Rules Committee 
     authorization.


                  Administrative and Office Mail Funds

       Funds for official mail and administrative expenses shall 
     be utilized between Chairman Lugar and Senator Harkin in a 
     manner that is equitable in light of the evenly divided 
     membership of the Committee and consistent with accomplishing 
     the necessary work of the Committee.


                          Non-Designated Staff

       The Republican and Democratic Staff Directors will consult 
     on hiring non-designated staff, with the understanding that 
     there will be parity in the availability of non-designated 
     staff to assist both Republican and Democratic Committee 
     members and staff in the performance of the Committee's work.


                              Office Space

       It is understood that Agriculture Committee office space 
     will be evenly divided between Republican and Democratic 
     staff.
     Richard G. Lugar,
       Chairman.
     Tom Harkin,
       Ranking Democratic Member.

                          ____________________