GAO'S POSITION ON FEDERAL RETIREMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R000100080004-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 67
• Document Creation Date: December 22, 2016
• Document Release Date: August 21, 2008
• Sequence Number: 4
• Publication Date: November 30, 1984
• Content Type: MEMO

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OLL 84-4619
30 November 1984
MEMORANDUM FOR: See Distribution
VIA: Chief, Liaison Division/OLL
FROM:
Liaison Division OLL
SUBJECT: GAO's Position on Federal Retirement
STAT
1. On 30 October and 29 November I spoke with Tom Eickmayer,
a GAO Group Chief who is drafting a comprehensive study of
Federal retirement options. The study, for Senator Ted Steven's
Subcommittee on Civil Service, Post Office and general Services
(Senate Government Affairs Committee) will be published in late
December.
2. Of particular interest is a chapter on, "Federal
Employees Eligible to Retire at Age 50 or Earlier with 20 Years
of Service." In addition to intelligence officers, this category
includes five other groups. Listed below are the groups, their
average age at retirement and their average years of service:
Employee group
Average age
Average years
at Retirement
of service
1.
Park Police
48
23.4
2.
Secret Service
uniform division
46
25
3.
Air traffic
controllers
51.7
30.7
4.
Central Intelli-
gence officer
52.8
29.3
5.
Law enforcement
officer/firefighters
54.1
26.4
6.
Foreign service
officers
55.7
27.0
Regular civil service
employees
60.9
28.6
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3. The options that GAO plans to recommend for this category
of Federal employee are:
- Treat same as regular civil service employees.
- Provide special benefits--
A. Regular civil service benefits but no reduction
for age
B. Higher accrual rate.
C. Supplemental payments to age 62.
D. More generous 401k plan.
This list of options was developed late last summer when
Eickmayer met with representatives from the six other groups; at
the time, it did not occur to GAO that CIA employees under CIARDS
came under this category as well. According to Eickmayer, the
Department of State prefers the option that would provide a more
generous 401k plan.
4. The GAO study will stress (as the Senate retirement
proposal likely will) a thrift plan similar to the 401k benefit
available in the private sector. In fact, Eickmayer and other
GAO analysts tried to implement a 401k-type plan in the GAO but
the GAO lawyers blocked the attempt claiming that Federal law
first would have to be changed. Eickmayer says that Federal
employees are the only class of people who do not have the
tax-deferred thrift plan as a retirement option.
5. Insofar as changes to the existing Civil Service
Retirement System, the GAO predicts only two, if any changes are
made: the high three will return to a high five; and, there will
be an adjustment to the COLA formula, if the supplemental plan
for new hires has something other than full indexing. He suggest
a third change might be to raise the age to 62 for full benefits,
with reductions down to 55.
STAT
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Distribution:
1 - D/OP watt
1 - DD/EBS/OP w/o att
1 - DD/PA&E/OP w/o att
1 - DDA w/o att
1 - D/OLL w/0 att
1 - DD/OLL w/o att
1 - C/LD w/o att
1 - C/SL w/0 att
1 - OLL Record w/att
1 - OLL Chrono w/o dtt
1 - Subj . w/att
1 - Chrono w/o att
OLL:LD: :aw (30 Nov 84)
STAT
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z c.`,! .
I,~~
98th Congress
2d Session J
REPORT TOGETHER WITH PROPOSED
RESOLUTIONS
TEMPORARY SELECT COMMITTEE TO STUDY
THE SENATE COMMITTEE SYSTEM
UNITED STATES SENATE
NINETY-EIGHTIi CONGRESS
SECOND SESSION
U.B. GOVERNll[8NT FRINTiNG OFFIC=
WASHINGTON : 1884
For r4 b~ e!u Suporintsndent of Dacumeab, U.B. Gowenm~nt Printias 08io~
W~6in~eon, D.G ZWOY
~:}'?
I.?::~n'~..
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.,;:..
CONTENTS
39-916
t. snmmary.. ........>........> .............>>.....>......>...>>........>>...>.......>.....>....
II Introduction. >.. ......... >..> ..>...>>...>..>.>.>......>.....
III. Recommendation relating to the committee system ..........>.....
Committee assignment limitations.>>_..........>>>>>._. ..>>...
Committee membership levels...... ....>.>....>>....>..>.
Subcommittee limitations .....>>...>..>...>>>>.... ?~ _>..>
Committee and subcommittee chairmanships .......>.>..> >>>>..
Nine unit rule.> ...... ...>. .>.>?,.>,>??>
Ma city and minority leaders' committee assignmenb..>>>>>.>..>_.
Bill referrals ....>. .....>.>..>.........>....>.......>>>...>.>>>..>.
Bill referrals-appropriation~bills.>..>..>..>>.>.>.........>.>>........>>...>.>>
Scheduling of committee meetings>...>>.>.....> ..................> >>>>
Joint Intelligence Committee ...>>.>..>>.>>>...>>>....>.>......>.......>>>>.....
Two-year budget process..>.........>...>.>.>>..........>..>..>>..>>.........>..:........
IV. Other recommendations>.>.>...>..>>>.>......>>...>..>............>.....>..>...>.>>.>>.
Nongermane amendments ............>:.....> .............>>..>>>>>.>.:.>>..>>>.....
Filibuster and cloture ..>>>>>>>>>>.>......>.>.>.>>.......>>>>...>~>>>>........
Rollcall votea..>
V. CBO savings estimate ....>.>>>....~>?.~?..~.. ?...........
VL A. Test of proposed Senate resolution relating to oommitteea..>....>.>>...
~Tezt of proposed ooacurrent resolution relating to Joint Intelligence
mmrttee......... > .....> . >.>>>>..>.>>.>... ..>..>.
VII. in existing rules and~resolutions.>>>......>.>>. ....
VIII. Section-by-sectioa analysis
~ Ap A Stat~atiq on oommittea .....
_ 8. Chart of year budget .
_4-, -._ - D. History of "Germaaeness" motion
.:.::_~. ~~ ~. G. Sections 4-14,16 of Senate Resolution 400, 94th Coagreas...____-.
_.o:=~~~: Ii Select committee expenditures
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~ ~: /
TEMPORARY SELECT COMMITTEE TO STUDY THE SENATE COMMITTEE
SYSTEM
~AN QUAYLI;, Indiana, Chairman
WENDELL H. FORD, Kentucky, Cochairman
McC. MATHIAS, Maryland R B. LONG, Louisiana
L/~GARN, Utah HN MELCHF.R, Montana
LM WALLOP, Wyomit~ J. EIT JOHNSTON, Louisiana
BOB KAST'EDT, Wisoondn M. MATSUNAGA, Hawaii
~ARREN 8. RUDMAN, New Hampshire ALAN J. DIXON, IIlinois
Rosser M. Gtrrr>iwiv. Stajj Director
Mwentw F. Ctsvn.nrro, An~asional Stay Mcmber
Lrvus Psrstcs, Serr+etary
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f:
av.~j.~,~~
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I. SUMMARY
i
ceed. ~ .,
3. Establish a more meaningful cloture procedure by requir-
' ing a ~/s majority of those present to invoke cloture and by lim-
iting post-cloture debate to 20 hours.
_ 4. Reduce the number of roll call votes by strict adherence
to the constitutional requirement,~of support by one-fifth of
n~ ~
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The Tempor Select Committee to Study the Senate Commit-
tee System fin substantial problems with the operations of the
committee system and with the operation of the Senate as a whole.
To improve the operation of the committee system the Select
Committee makes the following recommendations:
1. Limit senators' committee assignments to 2 "A" commit-
tees and 1 "B" committee, without exceptions.
2. Reduce total slots on "A" committees to 200 and total
slots on "B" committees to 100.
3. Limit the number of subcommittees a committee may es-
tablish to 5 (except Appropriations).
4. Limit senators to 2 A" and "B" committee and subcom-
mittee chairmanships.
5. Limit senators to membership on 2 subcommittees of each
committee on which they serve (except Appropriations).
6. Limit senators to a total of 9 "A ' and "B ' committees and
s 7 Require that the majority and minority leaders not countr,~/
for the purpose of deternuning a quorum on the committees on
which they serve.
8. Provide for sequential referral of reported bills to commit-
tees with a substantial jurisdictional interest. -
9. Provide for referral of legislative provisions of reported
appropriations bills to authorizing committees.
10. Encourage the utilization of the existing computerized
scheduling system by requiring committee chairman to an-
nounce alist of committee members with meeting conflicts.
11. Establish a joint HouseSenate committee on intelli-
gence.
12. Establish a temporary committee to propose legislation
necessary to implementing a Z-year budget process.
In regard to the operation of the Senate the Committee makes
the following recommendations:
1. Discourage the proliferation of non-germane amendments
by providing fora `germaneness motion" requiring a super
majority under which non-germane amendments are prohibit-
ed, making non-debatable rulings of the chair that an amend-
ment is non-germane and requiring a super majority to over-
rule the chair after the germaneness motion has been adopted
2. Provide for a two-hour time limit on the motion to pro-
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members present and by deferring to the preference of the
leadership.
II. INTRODUCTION
S. Res. 127, passed June 6, 1984, established the Temporary
Select Committee to Study the Senate Committee System and in-
structed the Select Committee to "' ' ' conduct a thorough study
of the Senate committee system, ' ' 'and to make recommenda-
tions which promote the optimum utilization of Senators' time,
(and) optimum effectiveness of committees ' ' "'
The Committee's examination of the problems of the Senate com-
mittee system showed clearly that there are major impediments to
the effective operation of committees and that these impediments
hinder the operation of the Senate as a whole and adversely affect
the optimum utilization of senators' time.
The Federalist papers provide a historical perspective on what
the Senate was intended to be and how it was intended to operate.
Alexander Hamilton described the need for a body with stability
and continuity that will not be constantly swept by the whims of
change, a body that can dispassionately review the actions of the
more numerous branch. The Senate was designed to protect us, in
his words, against the "effects of a mutable policy." Such a policy,.
he said, "' ' 'poisons the blessings of liberty itself. It will be of
little avail to the people, that the laws are made by men of their
own choice, if the laws be so voluminous that they cannot be read,
or so incoherent that they cannot be understood; if they be re-
pealed or revised before they are promulgated, or undergo such in-
cessant changes that no man who knows what the law is today can
guess what it will be tomorrow."
The tradition is clear-the Senate is not to be judged by how
much it does, but rather by how well it does it. The early Senate
fulfilled those expectations. Lord Bryce, the learned author of the
American Commonwealth, writing at the beginning of this century,
noted that the Senate has expressed more adequately the judg-
ment, as contrasted with the emotion, of the nation." He went on
to say that "' ' 'the Senate has succeeded in making itself emi-
nent and respected ' ' 'and has furnished a vantage ground
from which men of ability may speak with authority to their fellow
citizens."
As the record of the hearings that the Committee held July 31
and August 2 demonstrates, the Senate is not fulfilling its role ade-
quately today. Fourteen senators testified before the Committee
and detailed their views on the modern Senate's trivialization and
proliferation of~ processes and issues. Senator Howard Baker, the
distinguished majority leader, put the problems and their causes''
this way: "Two factors interrelate-the loss of the status of a _
public forum In the Senate and the proliferation :of bills and
amendments and issues in the committee system. We focus too
much on detail and too little on the broad general principles."
Senator Sam Nunn expressed a very similar point when he said:
"Without some prudent, thoughtful changes in how the Senate and
its committees conduct their business, we run~the risk of becoming
increasingly mired in duplication aid details while we accomplish
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less and less. In essence, the Senate and the Congress as a whole is
choking on its own processes."
Senator Ted Stevens underscored all of these points: "I think it is
the redundancy of the process that has destroyed the confidence
that the public used to have in the Senate because we never finish
anything. (We) (never make a decision. It is always a preliminary
decision which may be addressed later at the whim of anybody. '
If the evidence in the record of the Committee hearings is not
sufficiently persuasive to support the charge that the Senate is not
fulfilling its historic mission and that both the committee system
and the Senate as a whole trivialize and proliferate issues and
processes, the Committee suggests senators review the Congres-
sional Record for the last few weeks of the 98th Congress, when
criticism of the way in which the Senate conducts business reached
a crescendo.
Senator Lloyd Bentsen said: "That's one of the deteriorations of
this institution. You've got to have unanimous consent to get
things done and I'm tired of it."
Senator Mark Hatfield said: "If the Senate cannot under its
normal procedures finish the legislative calendar, then loading up
appropriations bills is a poor excuse. We may enjoy certain politi-
cal therapy by going through the motions and getting our little
publicity out of the hometown newspapers, but this does violence to
the institution. This does violence to the appropriations process,
and to the Senate."
Senator Bob Packwood said: "We have managed from roughly
1970 or 1971 onward to so pervert and torture the processes of this
body that we are approaching being inert."
From the most senior to the most junior, senators expressed simi-
lar concerns about the welfare of the Senate as an institution.
Senator John Stennis, number one on the seniority list, pointed
out that "' ' 'the Senate has lost much in the way of ability to
debate and be heard, transmit ideas to other leaders and thereby
produce conclusions." We must find, he said, "' ' 'away that will
give us a chance to have real debate, real exposure of the facts,
opinions, conclusions, judgments and recommendations, molded
into law the best we can, for the general welfare of the people."
Senator Daniel Evans, number 100 on the seniority list, voiced
his concerns during the last weeks of the 98th Congress: "I have
watched with increasing dismay our performance as a Senate
during the past week ' ' ' (T)he expenence of the last week has
been dismal ' ' ' represent(ing) a failure on the floor of the
Senate."
The issue that faces us today-and more importantly, that will
face the 99th Congress when it convenes-is not whether the need
for reform has been adequately demonstrated, but whether the
Senate will demonstrate the wisdom and courage to enact remedies
for these problems. Reform of any kind, because pit alters the
known to achieve the unknown, is difficult to achieve. But useful
and necessary change can be accomplished as long as we keep two
principles in mind.
First, we must consider the welfare of the Senate as an institu-
tion as our first priority, rather than our parochial interests as in-
dividual senators. ~ ~ ?
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Second, we must recognize that formal rules changes are only an
indication of what we want to achieve. True changes will come
only when all senators exercise collective self-restraint in the con-
text of the committee system and within the greater context of the
Senate.
S. Res. 127 does not direct the Select Committee to investigate or
solve all of the problems of the Senate. The Resolution instructs
the Committee to focus its attention on the committee system and
the Committee has done so in the Resolutions it has reported.
The Committee believes that the Senate committee system
should serve as a legislative filter and refiner. Bills should be re-
ferred to the committee of appropriate jurisdiction so that the com-
mittee members, a group of experts in their area, may carefully
analyze, critique and alter proposed legislation, then report it to
their colleagues on the Senate floor after thorough consideration.
In this way not only would poorly rafted or ill-considered legisla-
tion befiltered out and kept off the Senate Calendar, but a bill
emerging from committee would be a refined product, technically
sound, thoroughly understood by committee members and ready for
consideration by the Senate. The committee report and minority
and additional views would further crystallize the issues for floor
consideration..
Clearly, this is an idealized picture of the committee system, but
it is a useful yardstick against which to measure the current
system. In order to illustrate the failure of the committee system to
operate as intended in the last session, the Committee suggests sen-
ators reflect on the Senate's handling of two important issues: the
Civil Rights Act of 1984 and the Foreign Aid authorization and ap-
propriations.
The Civil Rights Act of 1984 was offered as an amendment to the
Continuing Resolution. T.~s -`p "~ "a ~'"' "_''?"~??-*~'?
- -- ~--_,
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sys m was fie cfnsideration of an extremely complex bill on the
floor without the benefit of a committee report. In addition, offer-
ing this bill as an amendment to the Continuing Resolution tied
the Senate into such a tangle of precedural knots that the Senate
failed to consider other needed legislation in a timely manner.
The Foreign Aid appropriations bill was also considered as part
of the Continuing Resolution and was enacted without Senate
debate or passage of a foreign aid authorization bill. The Continues
ing Resolution thus served as both the authorizing and appropria-
tions bill. In theory, the authorization and appropriations processes
are complementary; in considering authorization and appropria-
tions bills, the Senate benefits from the expertise of both the au-
thorizing committee and the Appropriations Committee. As in the
case of the Civil Rights Act of 1984, not only was the authorizing
committee unable to perform its groper function, but the Senate
failed to benefit from the expertiseof the committee it has estab-
. It was a highly technical bill; yet it was
never marked up in committee
The result o ure o e comma tee
.~
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fished to enable it to fulfill its constitutional role in the develop-
ment of foreign policy.
These examples show that the committee system is not acting as
a legislative filter and refiner. It is not the intent of the Select
Committee to criticize committee members or committee chairmen
by noting these examples. The Committee only wishes to make
clear that the problems of the committee system aze serious
enough to require corrective action. On the final Senate Calendar
for the 98th Congress there remained more than four times the
number of Senate bills than the Calendaz for the 89th Congress (20
years ago). Essential authorization bills die together with matters
of lesser importance because the committee system is not assisting
the Senate in establishing essential priorities.
In the second session of the 98th Congress, of the thirteen regu-
lar Appropriations bills, only four had been enacted by the dead-
line mandated by the Budget Act (seven days after Labor Day). The
Committee is fully aware that the failure of the Senate to consider
appropriations bills on the floor is not due to the negligence of the
Appropriations Committee, but rather to the confusion, duplication
and deadline problems generated by the annual budget process.
The annual budget process has become an ongoing project, making
it impossible to enact both authorizations and appropriations on
time.
~It is the belief of the Committee that until Senators agree to
reduce their committee assignments, our committees will not be
able to perform their duties and the Senate as a whole will not be
taken seriously as a reliable and informed national policymaker.
While the Select Committee's jurisdiction and the resolutions
that we report are limited to the committee system, it is clear that
the committee system operates in the context of the Senate and
that neither the problems of the committee system nor the prob-
lems of the Senate can be adequately addressed unless the entire
institution is examined. Every senator who testified before the
Committee addressed problems beyond those of the committee
system, and the Committee would be derelict in its duty if it did
not address these broader issues and call the attention of the
Senate to the fact that committee reform, while necessary, is only
one of the steps that must be taken to restore the Senate to its his-
toric role. Many senators suggested changes in the Senate's proce-
dure on matters like cloture, germaneness, the motion to proceed,
and others. Therefore, the Committee's report discusses not only
committee system reform, but also proposes steps the committee
believes essential, to the improvement of the environment in which
the committee system operates. These additional matters are dis- ~
cussed in Part IV, "Other Recommendations."
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III. RECOMMENDATIONS RELATING TO THE COMMITTEE
SYSTEM
COMMITTEE ASSIGNMENT LIMITATIONS
Current Rules
Rule XXV of the current Standing Rules of the Senate limits sen-
ators to service on no more than two "A" committees and no more
than one "B" committee. ?~ ? :?
The "A" Committees are Agriculture, Appropriations, Armed
Services, Banking, Commerce, Energy, Environment, Finance, For-
eign Relations, Governmental Affairs, Judiciary and Labor.
The "B" Committees are Budget, Rules, Small Business, Veter-
ans' Affairs, Joint Economic, Aging and Intelligence.
Rule XXV also provides 55 exceptions to these assignment limi-
tations covering additional committee assignments for 50 senators
during the 98th Congress.
In addition, Rule XXV contains a provision allowing the Majori-
ty and Minority Leaders to increase the size of committees by up to
2 members in order to accord to the majority party a majority of
seats on all standing committees. This provision also permits a sen-
ator to have an extra "A" or "B" commtttee assignment in order to
fill the additional slots.
Committee Recommendation
The Select Committee recommends the elimination of all 55 ex-
ceptions to the 2 "A", 1 "B" assignment limitations and across-the-
~ioard enforcement of those limitations.
The Committee recommends the retention of the provision allow-
ing the leadership to adjust the size of committees and authorize
additional memberships when needed for party majority reasons.
In addition, in recognition of the fact that the Indian Affairs
Committee has been made a permanent legislative committee, the
Select Committee recommends that the Indian Affairs Committee
be established as a "B" committee.
Background
A recurring theme in the Select Committee hearings was the
proliferation of committees, subcommittees and assignments and
the resulting conflicting demands on senators' time and attention.
Before the reform efforts of the Stevenson-Brock Committee (1976-
77), there were 240 slots on standing committees. For the 98th Con-
gress there are 292 slots on standing committees, largely due to the
numerous exceptions written into the Rules. In addition, when a
senator acquires an extra committee, that senator also acquires dd-
ditional subcommittees, further increasing the size and number of
subcommittees. ~
,When senators acquire additional committee and subcommittee
commitments, it becomes increasingly difficult for them to attend
all of the meetings scheduled for each of their panels. This situa-
tion frustrates not only each individual senator, but the chairmen
of committees when they try to.muster a quorum to conduct busi-
ness.
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In the opinion of the Select Committee, it is not practical or equi-
table to eliminate only some exceptions to the assignment limita-
tions. Therefore the Committee recommends the repeal of all the
exceptions.
The Committee sent out a letter to the 50 senators with excep-
tions and suggested this course of action as the most reasonable. Of
the senators who responded to the Committee letter, over half ex-
pressed their willingness to give up their extra committees and
abide by the assignment limitations as long as those limitations are
applied to the entire Senate.
WMMI7~rEE 1VIEMBERSHIP LEVELS
Current Rules
Committee membership levels are set in the Rules. For the 98th
Congress there are 231 "A" committee slots and 109 "B" committee
slots.
Committee Recommendation
The Select Committee recommends that the "A" slots be reduced
to 200 and the "B" slots be reduced to 97. The chart below shows
recommended committee membership levels.
COMMITTEE MEMBERSHIP LEVEIS
~
n
aemm.
maaea
.~" cgnmittees:
~~
18
15
29
27
~
18
35
~~
18
15
~~
17
17
21
19
~~-
18
15
~~~
~~
20
19
----
n Relations
Faei
18
15
g
.
GaemmenW Affarss
18
13
Ma
18
17
ry
Labor
18
13
Total
231
200
"B" committees
Budget
22
21
Rum
12
11
Small Business
19
13
Veterans' Affairs
12
11
Urtelligena ~
15
11
m ~
19
13
loin tEconomic
10
i 10
Indun Affairs ,
7
1
Toil ~
109
97
Background \ .
These reductions in committee membership levels are necessary
with the enforcement of the 2 "1~, 1 "B" assignment limitations.
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These levels would provide 2 "A" slots for each senator, in accord-
ance with the rule allowing senators to serve on no more than 2
"A" committees, and approximately 1 "B" slot for each senator, in
accordance with the rule allowing senators to serve on no more
than 1 "B" committee.
The number of "B" slots in the above chart is 97 instead of 100
because of the current 53-47 party composition of the Senate. A
= six-member majority is not sufficient for the majority party to
maintain a majority on all 8 "B" committees, especially since the
Joint Economic Committee requires, by statute, a 2-member majori-
ty. The proposed "B" committee levels do not provide "B" commit-
tee slots for 3 senators, which is consistent with current practice
because every senator does not serve on a "B" committee.
If all senators want "B" committee assignments, the total of "B"
committee slots must be increased by 6. This increase can be ac-
complished by the leadership under Bule XXV, paragraph 4(c) and
waivers provided for the 3 members who would be assigned to an
additional "B" committee.
The levels shown in the above chart are recommended levels, but
any alterations in those levels must be mathematically consistent,
keeping the overall total of "A" slots at 200 and the overall total of
"B" slots~at 9? or a level which enables the majority party to main-
tain amajority on all "B" committees (up to 103).
The Committee notes that, in general, committee membership
levels have tended to creep upwards over time. The chart below il-
lustrates this tendency.
CHANGES IN COMMITTEE MEMBERSHIP IEVEIS
1973-7/
93d ~It~
1963-81 ~~
98th Confirm
"A" Gatnmiitta
Agrialturo
13
18
+5
ADDrW~~s
26
29
+3
Ate Services
15
18
+3
Banking -----
15
IS
+3
Commerce
18
17
- i
Ener?r.
15
21
+6
Environment
14
16
+2
~~e
17
20
+3
foreign RNa '
11
11 _......__.._
......
Gavemmental Affairs
15
18
+3
ludiaary
16
18
+2
Vbor
16
18
+2
"B" Cammitttxs
Budget ~
15
22
+7
Rules
9
12
+3
Small Business
17
19
+1
Veterans' Affairs
9
~ 12
+3
Ntelligence.
15
Aging
22
19
-3
birit Economic
20
20
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.SUBCOMMITTEE I.IMrfATION3
Current Rules
There are currently no limitations on the number of subcommit-
tees acommittee may establish.
A senator may serve on a maximum of 3 subcommittees on each
of his "A" committees (except for Appropriations, whose members
may serve on any number of subcommittees), and a maximum of 2
subcommittees on each of his "B" committees.
Committee Recommendation
The Committee recommends that committees be limited to estab-
lishing amaximum of 5 subcommittees, except for the Appropria-
tions Committee, which may retain 13 subcommittees, and that a
corresponding budget reduction for affected committees be ensured.
In addition, the Committee recommends that senators be limited
to serving on 2 subcommittees on each of their "A" and "B" com-
mittees.
Background
In the opinion of the Committee, limiting committees to a maxi-
mum of 5 subcommittees will help to control the tendency of sub-
committees to proliferate. The chart below shows the effect of the
proposed limitation on the current number of subcommittees.
IMPACT ON SUBCOMMITTEES
~~
Suemmad-
n~
Coa.mttee snemmmi
b
~,,;~
su ~ma-
~
ly
94
1
17
19
110
S wbcommittee ~ pa committce
12
68
7
12
19
SO
~ fsoeq ApOiaproUoni
The Committee feels that senators should be limited to service on
2 subcommittees per committee in order to reduce the size of sub-
committees as well as the number of panels to which senators are
assigned. In addition, this measure will ensure, if committees are
limited to 5 subcommittees, that senators are covering a reasonable
share (two subcommittees out of five) of the committee's jurisdic-
tion.
The elimination of 30 subcommittees would, in the opinion of the
Congressional Budget Office, save an estimated $6.5 million on an
annual basis.
COMMITTEE AND SUBCOMMITTEE CHAIRMANSHIPS
Current Rules ~
Current rules allow a senator to chair one "A" or "B" commit-
tee.
A chairman of an "A" committee may chair only one subcommit-
tee of all of the "A" committees on which he serves.
A chairman of a "B" committee \y not chair any subcommittee
of that committee.
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Committee Recommendation
The Committee recommends that senators who chair an "A" or
"B" committee be limited to chairing one subcommittee of all such
committees and that no senator be permitted to chair more than 2
subcommittees of all "A" and "B" committees of which he is a
member.
Background
This limitation is necessary to reflect the lower number of chair-
manships available for majority senators when committees are lim-
ited to establishing a maximum of 5 subcommittees. The number of
committees and the reduction in subcommittees shown in the chart
above also equal the reduction in the number of available chair-
manships. In other words, total "A" and "B" committee and sub-
committee chairmanships will be reduced from the current 110 to
80.
N1xE Uxrr Ru1.E
Current Rules
There is currently no limit on the total number of "A" and "B"
committees and subcommittees (units) a senator may serve on.
Committee Recommendation
Limit the total number of "A" and "B" committees and subcom-
mittees (units) on which a senator may serve to 9.
Background
The 9 "units" rule would, in general, reflect service on 2 "A"
committees, 4 "A" subcommittees, 1 "B" committee and 2 "B" sub-
committees. However, it has two additional purposes.
First, it would act as an overall ceiling on senators who are
members of the Appropriations Committee. For example, a senator
who serves on the Appropriations Committee and chooses to serve
on 4 Appropriations subcommittees would be serving on 5 units
and would have to adjust his membership on other "A" and "B"
committees to remain under the 9 units ceiling, perhaps by serving
on only 1 subcommittee of each of his other 2 committees.
Second, since the Committee recognizes that from time to time
senators may acquire exemptions to the assignment limitations,
the 9-unit limit would act as a ceiling on senators who do acquire
waivers. Senators who acquire waivers for additional committee as-
signments would have to adjust their membership accordingly on
other "A" and "B" units to remain under the 9-unit ceiling. '
MAJORITY AND MINORrrY LEADERS' COMMITTEE ASSIGNMENTS ~~
Current Rules
Rule XXVI requires that a committee may not report unless a
majority of the committee is physically present. There is no special
provision for committees on which majority or minority leaders
serve. .
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Committee Recommendation
The Committee recommends that, when the majority or minority
leaders are members of a committee, the requirement fora majori-
ty of members be applied as though the total committee member-
ship consisted of the number of committee members exclusive of
the leader or leaders on the committee.
Background
It is the opinion of the Committee that the administrative duties
of the majority and the minority leaders are so important and
time-consuming that it is reasonable for chairmen of the commit-
tees on which they serve to be allowed to determine a majority of
the membership without counting the majority and/or minority
leaders as members of the committee.
For example, if the majority and minority leaders were both
members of a 15-member committee, the committee's quorum re-
quirement would drop from 8 members (necessary' fora 1~-member
Committee) to ?members (necessary fora 13-member committee).
This provision would apply only to the determination of a majori-
ty for .quorum purposes. The majority and minority leaders would
continue to vote and participate in committee business like other
members.
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-Current Rules
Rule XVII currently provides that bills shall be referred to the
committee with jurisdiction over the subject matter which predomi-
nates in the bill. The rule also provides for a joint, or a sequential,
referral of bills upon joint motion of the majority and minority
leaders. Sequential referrals are also regularly accomplished by
unanimous consent.
Committee Recommendation
The Committee recommends adoption of a new rule that, if a
committee reports a bill which contains substantial matter in the
jurisdiction of another committee, that bill shall be referred to the
other committee for a period not to exceed 30 calendar days (ex-
cluding days when the Senate is not in session) for consideration of
those matters within the other committee's jurisdiction. The time
period may be altered by agreement between the chairmen of the
two committees.
Background
The Select Committee does not believe that it is possible to dravd
such neat jurisdictional lines that all matters within a bill will
always fall within the jurisdiction of a single committee. Subject
areas inevitably overlap, and the tendency for bills to become
longer and more complex increases the difficulty of vesting com-
plete jurisdiction in one committee. Sequential referral seems to be
the appropriate procedure for dealing with these jurisdictional
overlaps. The proposed rule is based oa,a procedure already appli-
cable to small business matters and.the Small Business Committee,
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and is consistent with the current practice under unanimous con-
sent agreements. The problem with sequential referral is, of course,
the possibility of delay, but the Select Committee believes that time
problems can be worked out between the chairmen of the two af-
fected committees.
BD:L REFERRAL-APPROPRIATION BILIS
Current Rule
Rule XVI authorizes the Appropriations Committee to report
amendments which provide appropriations for purposes which are
not authorized by .existing law and that have not been previously
authorized by the Senate. That rule also, in effect, authorizes the
Appropriations Committee to report general legislation if it is ger-
mane to subject matter contained in the House-passed bill.
Committee Recommendation
The Select Committee recommends that a similar system of se-
quential referral apply to bills reported from the Appropriations
Committee as recommended for those reported from other commit-
tees. In other words, matters in Appropriations bills within the ju-
risdiction of an authorizing committee would be referred to that
committee for a limited time period of five calendar days or a
shorter period if agreed to by the majority and minority leaders.
Background
The Select Committee believes that the same principle of sequen-
tial referral applicable to regular bills under the authorizing bill
referral recommendation above should also be applicable to appro-
priations bills when they carry legislation within the jurisdiction of
the authorizing committees.
Recognizing the greater time pressure which often accompanies
the enactment of appropriation bills, the Select Committee pro-
poses that the referral period on such bills be limited to five days
rather than the 30 days applicable to other bills. The Committee
also recommends a provision allowing the majority and minority
leaders to shorten that time period at their discretion.
It is the opinion of the Select Committee that, without this kind
of provision, the tendency for appropriation bills to become clut-
tered with authorizing and other legislation will continue to seri-
ously undermine the jurisdiction of the authorizing committees. By
providing for such a referral, the authorizing committees will be
able to carry out their responsibilities.
SCHEDULING OF CO1vIivlrrrEE MEETINGS
Rule XXVI requires committees to schedule meetings during one
of two meeting periods, 9:00 a.m. to 11:00 a.m. or 11:00 a.m. to 2:00
p.m., but this requirement is routinely ignored.
Committee Recommendation
The Committee recommends that committee chairmen be re-
quired to announce a list of the committee members who? have
,~
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other mark-up meeting conflicts when the chairman announces a
committee mark-up meeting.
Background
During Select Committee hearings, senators repeatedly expressed
their concern over the difficulty of attending conflicting committee
meetings. In the opinion of the Committee this problem could be
alleviated by the use of the existing computerized scheduling
system, called LEGIS REPORTS, which is maintained by the Office.
of the Secretary of the Senate, the Daily Digest and the Senate
Computer Center. Through this system schedules and meeting con-
flicts can be accessed for a particular member or for all members of
a particular committee or subcommittee. A listing of mark-ups, ex-
ecutive sessions, hearings and conference meetings is updated as
the staff of the Secretary of the Senate receives information. (See
Appendix C, p. ;~ for example of a typical printout.)
The Committee feels that requiring a committee chairman to an-
nounce alist of committee members who have meeting conflicts
when he announces a committee meeting will encourage chairmen
to consult the computerized schedule before setting up committee
meetings. The Committee hopes that this procedure will minimize
the problem of committees with overlapping membership schedul-
ing meetings at the same time.
JOINT INTELLIGENCE COMMITTEE
Current Rules
The Select Committee on Intelligence was established by S. Res.
400, 94th Congress "to oversee and make continuing studies of the
intelligence activities and programs of the United States Govern-
ment, and to submit to the Senate appropriate proposals for legisla-
tion."
No Senator may serve on the committee for more than eight
years continuously.
Committee Recommendation
The Committee recommends the establishment of a joint Senate-
House Committee on Intelliegence appointed by the leadership of
the two Houses with a small professional staff. The Joint Commit-
tee on Intelligence would consist of five members from each body,
three from the majority and two from the minority, and its rules
would be modeled on those of the Joint Committee on Atomic
Energy.
The Committee also recommends that the eight-year service limi-
tation be extended to ten years so that there will be no disruption
while the new Joint Committee is being established.
Background ~
The oversight of intelligence activities is the most sensitive task
entrusted to the Congress. Review of intelligence activities must be
conducted on anon-partisan basis, yet in a manner which allows
for effective Congressional oversight of the activities of the Execu-
tive. Such a balance is most likely, to be found in a bipartisan, bi-
cameral committee, attuned to thd~,views of the leadership ?of the
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14
two bodies and staffed by a professional core of experts. The Con-
gress faced a similar need in the early days of atomic energy and
met that need with the creation of the Joint Committee on Atomic
Energy. That experience has provided the model for the Commit-
tee's recommendation.
'~i0-YEAR BUDGET PROCFS3
Current Rules
The jurisdiction over the amendments to the Budget Act that
would be required to establish a two-year budget process is divided
among the Governmental Affairs, the Budget, and the Rules Com-
mittees.
Committee Recommendation
The Committee recommends the appointment of a Select Com-
mittee to propose legislation necessary to implementing a two-year
process. This committee would consist of twelve members, equally
divided between majority and minority, four from each of the com-
mittees of jurisdiction, Governmental Affairs, Budget, and Rules.
The committee would select its chairman from among the mem-
bers. The committee would be instructed to report to the Senate
within 90 days such amendments to the Budget Act as are neces-
sary and desirable to implement a biennial budget process. The
committee would not be authorized to hire staff, but would rely on
the staff resources from the existing committees of jurisdiction.
Background`
Testimony before the Select Committee on the need for a two-
year budget process was overwhelming. The experience of the last
two years shows clearly that there is not time in a single year to
implement three separate legislative processes-the budget process
as well as the authorization and the appropriation processes. The
one-year cycle does not allow sufficient time for the fulfillment of
mandated deadlines for all three processes, with the results that
the authorizations are late and appropriations cannot be enacted in
time. While support for a two-year budget process is extensive, the
Committee recognizes that there are many difficult questions that
must be resolved in order to move towards that goal. There is some
diversity of opinion as to which process should be dealt with in
which years of a Congress. These disagreements are heightened by
the need to enable a newly elected president to achieve his pro-
gram . in the shortest possible period of time. Some of the alterna-
tive time schedules for a two-year budget process are shown in Ap-
pendix B, p. !-.
A two-year budget will, of course, entail legislation requiring
action by the House as well as the Senate. The Committee is
pleased that a House task force has already received much testimo-
ny on the two-year budget and is well aware that close cooperation
will be needed between House and Senate to enact such legislation.
However, the Committee believes that the two-year budget process
can best be achieved through the normal legislative process rather
than by establishing some special new mechanism.
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The Select Committee notes that the need for atwo-year process
was recognized when the Budget Act was enacted. The Act called
for the submission of advance authorizations. That provision has,
however, not been followed by any administration. It appears that
advance authorizations are not sufficient to accomplish the exten-
sion of the timetable that is required with the institution of a
budget process. Therefore, the broader approach of the biennial
budget would be a possible solution. The Select Committee is con-
vinced that, with the expertise already residing in the Budget, Gov-
ernmental Affairs, and Rules Committees, the new select commit-
tee will be able to produce recommendations within the 90-day
time period.
IV. OTHER RECOMMENDATIONS
NONGERMANE AMENDMENTS
The Problem
Under current rules, amendments must be germane in the fol-
lowing cases: after cloture is invoked, on general appropriations
bills, and under certain statutory procedures, most importantly on
budget resolutions and reconciliation bills. Germaneness is also
regularly required under unanimous consent agreements.
The opportunity to offer non-germane amendments lies at the
heart of Senate procedure. It is an essential component of the prin-
ciple of the protection of the minority. With this opportunity, the
majority cannot foreclose debate and votes on issues that a minori-
ty wants brought to national attention. In addition, the opportunity
to offer such amendments enables Senators to bring to the floor
issues on which the committee of jurisdiction has not acted.
Recommendation.
While non-germane amendments have a legitimate place. in
Senate procedure, they can also be used to divert the Senate from
important policy debates and to impede action on essential legisla-
tion. One way to preserve the protection that non-germane amend-
ments give, while protecting the ability of the Senate to conduct its
business, is to provide for a special germaneness rule, invoked by
60?!0 of those present and voting. To ensure that the rule can be
effectively enforced, it would also be necessary to require a similar
majority to overturn rulings of the chair holding an amendment
non-germane. This proposal has a distinguished history, having
been suggested by the present minority leader and the assistant
majority leader: For a history of proposals limiting non-germane
amendments, see Appendix D, p. jT.
Fu.lsvsTE>z AND Cro~rvxE
The Problem ~
The tradition of unlimited debate prevailed in the Senate until
191?. A procedure to cut off debate was adopted only as a result of
the blockage by a small group of Senators of the Wilson Adminis-
tration's measure to authorize the arming of merchant ships imme-
diately prior to World War I. The h~tory of limitations on debate
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in the Senate is set forth in the Minority Leader's scholarly inser-
tions in the Congressional Record of March 10, 1981, and no at-
tempt to review that history will be made here. That history shows
that this is another area in which the Senate has balanced the
rights of the minority with the ultimate duty of the Senate to act
on the important issues of the day.
It is also abundantly clear from that history that neither unlim-
ited debate-nor the authority to cut it off-were intended to be
used lightly. The principle of unlimited debate was designed to pro-
test the minority exerclsmg its right to delay, or even prevent,
action on issues of fundamental principle. The authority to cut off
debate enabled a strong majority to act after the minority had ex-
ercised its rights. Filibuster and cloture were meant for great
issues but they have become trivialised as recent history all too
cleaily demonstrates. In the last 6 weeks of the 98th Congress,
more cloture votes took place than during the first 10 years of the
existence of Rule 22. The Senate voted ?times on cloture petitions;
three of those votes were on the motion to proceed. Eight other clo-
ture petitions were filed and later vitiated.
By comparison, from 1963 to 1965, when the Senate considered
such controversial issues as amending Rule 22, the Civil Rights Act
of 1964, legislative apportionment and the Voting Rights Act of
1965, only 4 cloture votes took place.
Cloture is not only invoked too often, it is invoked too soon and it
is invoked on procedural as well as substantive issues. Each of the
cloture petitions at the end of the 98th Congress was filed on the
same day that the matter came before the Senate as compared to
- the cloture petitions on the Treaty of Versailles and the Civil
Rights Act of 1964 which were filed after these matters had been
- pending in the Senate for 51 and 5? days respectively.
Recommendations
To restore the historic balance between unlimited debate and the
invocation of cloture, it is necessary to ensure that unlimited
debate is permitted only on substantive issues and to make cloture
not only more difficult to invoke but more effective once invoked.
This can be achieved by: providing for a two-hour time limit on the
motion to proceed, requiring a two-thirds majority of those present
and voting to invoke cloture, and providing for an effective post-
cloture debate limitation restricting all debate on the bill and
amendments thereto to 20 hours as is the case for a reconciliation
bill under the Budget Act. Further, to protect against non-germane
amendments in the post-cloture situation, a two-thirds vote should
be required to overrule the chair on a question of germaneness.
Rolacnla. Voz~s
The Problem ~
The number of roll call votes has multiplied, not because the
Senate is considering more and more important issues, but because
Senators routinely give approval to the request for yeas and nays.
In the immediate post-war era (80th Congress; 194?-48), there were
a total of 248 roll call votes. 'That. number increased to over 1,300
in the 94th Congress (1975-?6). While there has been a downward
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17
trend since then-to 966 in the 97th Congress (1981-82) and 673 in
the 98th Congress-the Senate still spends much too much time on
votes that are not meaningful.
Recommendation
Article I, Section 5, of the Constitution provides that "the Yeas
and Nays of the Members of either House on any question shall, at
the desire of one fifth of those Present, be entered on the Journal."
Thus, the only method for reducing the number of roll calls is for
members to exercise self-restraint in supporting requests for the
yeas and nays and to revert to the custom of earlier years when
members did not support such requests unless urged to do so by the
leadership.
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, November 20, 198.x.
Hon. ?DAN QvA~rLE,
Cochairman, Select Committee to Study the Committee System, U.S.
Senate, Russell Senate Office Building, Washington, DC.
DEAR MR. CxAIRMAN: The Congressional Budget Office has re-
viewed the draft recommendations of the Senate Select Committee
to Study the Committee System, dated November 2, 1984. The Com-
mittee is proposing 11 changes in the Senate committee system.
One of them, the establishment of a joint committee on intelli-
gence, is expected to produce savings of about $1.5 million annual-
ly. Further savings of up to $6.5 million annually may result from
the elimination of 30 subcommittees, if committee budgets are re-
duced correspondingly.
Recommendation No. 3 would limit each committee (except for
the Appropriations Committee) to a maximum of five subcommit-
tees, resulting in the elimination of 30 subcommittees. If a propor-
tional reduction is made in staffing and other expenses by January
1986, this recommendation could reduce total committe costs by as
much as $3 million in fiscal year 1986 and by about $6.5 million
annually thereafter. However, there is no assurance that such sav-
ings would be realized simply as a result of eliminating subcommit-
tees, since staff positions and budgetary allotments could be reallo-
cated within committees. For example, the Senate committee reor-
ganization of 1977 resulted in the elimination of 49 subcommittees
between the 94th Congress and the 96th Congress-but the number
of committee staff members remained about the same and commit-
tee expenditures increased. Therefore, specific steps to constrain
committee budgets would be necessary to realize significant savings
from implementing this recommendation.
Recommendation No. 10 would establish a joint Senate-House
committee on .intelligence, with a small professional ?. staff, which
would replace the two existing intelligence committees. Currently,
the House and Senate intelligence committees have 60 staff mem-
bers between them, and their combined budgets amount to about
$3 million. Eliminating the two separate committees and creating a
joint intelligence committee would save? about~$1.5 million annual-
ly, assuming that the new committeeould cost about the same as
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one of the existing committees. Our estimate assumes that such
savings would not be realised until at least fiscal year 1986.
Recommendation No. 11 would create a Senate select committee
to propose ligislation necessary for implementing a two-year budget
process. Since the select committee would rely on staff resources
from existing committees and would not be authorized to hire staff,
there are no significant costs associated with this recommendation.
The remaining recommendations in the Committee's report
would not result in any additional costs or savings to the federal
government. In addition, none of these recommendations would
affect the budgets of state or local governments.
If you wish further details on this estimate, we will be pleased to
provide them.
Sincerely
RUDOLPH G. PENNER, Director.
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VI. SENATE RESOLUTION
To improve the operation of the committee system of the Senate, and for other
purposes
Resolved, That paragraph 2 of rule XXV of the Standing Rules of
the Senate is amended to read as follows:
" 2. Except as otherwise provided by paragraph 4 of this rule,
each of the following standing committees shall consist of the
number of Senators set forth in the following table on the line on
which the name of that committee appears:
"Committee: Members
'.Agriculture, Nutrition, and Forestry............>.>...>....>.....>>>.........>.........>.. 1~
..APPropriations ....>.......>.>>...>...........>........> ...........................>........................ 27
..Armed Services.........>.....> .........................>.....................>......>......................... 15
'.Banking, Housing, and Urban Affairs ..................................>......................... 15
"Commerce, Science. and Transportation ......................................................... I7
..Energy and Natural Resources ...............................................>......................... 19
..Environment and Public Works ........................................................................ 1~
..Finance .....................>........>...>............................................................................. 19
..Foreign Relations.....>..>>>> ....................................................... .................... 13
..~,ernment Affairs ....................>.>.................................................................... 17
..Judiciary .......... ......>..........> ..............................................>..................
..Labor and Human Resources.>..........>..>.> ........................................>............. 13 .
(b) Paragraph 3 of rule XXV of the Standing Rules of the Senate
is amended to read as follows:
" 3. (a) Except as otherwise provided by paragraph 4 of this rule,
each of the following standing committees shall consist of the
number of Senators set forth in the following table on the line on
pears:
mmittee a
t
f th
h
p
co
a
e name o
which t
Members
"
Committee:
21
>>.....>..>.>......>......>>.>.....>.>..>..>.>.....>.>....>>............
..Bud
et
............>.......>..>
g
..Indian Affairs....>> .............................>....>.>.>.>...>...............>>.........>...............
7
..Rules and Administration .......>.>>.........>..>>.-..>>.->>->>.>..>....>.>>.>...........
11
..Small Business......>............>......>>_............>>>...>....>....>.>..>...>..>.>..>..........
13
..Veterans' Affairs......>.>> ..............>.>.>......>.>...>.............>...............>...............
11
"(b) Each of the following committees and joint committees shall
consist of the number of Senators (or Senate members, in the case
of a joint committee) set forth in the following table on the line on
which the name of that committee appears:
"Committee: Members
..ABing .............>..........>...>.................>......>......>................................................... 13
..Intelligence ...............................................................>..........................>............... 11
..Joint Economic Committee........>...> .................................................................. 10
"(c) Each of the following committees and joint committees shall
consist of the number of Senators (or Senate members, in the case
of a joint committee) set forth in the following table on the line on
..Joint Committee on Taxation ........>.>.....>..........> ............................>\ ............ a. .
SEC. 2. (a) Paragraph 4(a) of rule XXV of the Standing Rules of
the Senate is amended-
(1) by striking out "and" at the end of clause (1),
(2) by striking out the period at the end of clause (2) and in-
serting in lieu thereof ' ;and"; \ ~,
(3) by adding at the end thereof~he following:
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sidering the legislation.
"(3) each Senator may service on not more than a total of
nine committees and subcommittees."; and
(4) by adding at the end thereof the following new sentence:
"For the purpose of division (3) of this subparagraph, only com-
mittees listed in paragraphs 2 and 3 (a) and (b) and subcommit-
tees thereof shall be counted.".
(bxl) Paragraph 4(bXl) of rule XXV of the Standing Rules of the
Senate is amended by striking out "three" and inserting in lieu
thereof "two" and by striking out "listed in paragraph 2".
(2) Paragraph 4(b) of rule XXV of the Standing Rules of the
Senate is amended by striking out division (2) and by redesignating
divisions (3) and (4) as divisions (2) and (3), respectively.
(3) Paragraph 4(bX2) of rule XXV of the Standing Rules of the
Senate (as amended by this subsection) is amended by striking out
"subparagraphs (1) and (2)" and inserting in lieu thereof "division
(1) of this subparagraph and division (3) of subparagraph (a)".
(c) Paragraph 4(b) of rule XXV of the Standing Rules of the
Senate is amended by adding at the end thereof the following:
"(4) No committee of the Senate may establish more than five
subcommittees, except the Committee on Appropriations which
may establish not more than thirteen subcommittees.".
SEC. 3. Subparagraphs (g), (h), (i), (j), (k), (1), (m), and (n) of para-
graph 4 of rule XXV of the Standing Rules of the Senate are re-
pealed.
SEC. 4. Paragraph 3 of rule XXVI of the Standing Rules of the
Senate is amended by inserting after the first sentence the follow-
ing: "Whenever the date and hour for a meeting called by a com-
mittee to mark up legislation is announced, the chairman shall an-
nounce which members of such committee have other committee
markup meetings previously scheduled for such date and hour.".
SEC. 5. Paragraph ?(axl) of Rule XXVI of the Standing Rules of
the Senate is amended by adding at the end thereof the following
new sentence: "In carrying out the provisions of the previous sen-
tence, acommittee or a subcommittee shall be deemed to consist of
the number of its members exclusive of the majority and minority
leaders.".
SEC. 6. Rule XVII of the Standing Rules of the Senate is amend-
ed-
(1) by striking out "paragraph 3" in paragraph 1 and insert-
ing in lieu thereof "paragraphs 3, 4, and 5";
(2) by redesignating paragraphs 4 and 5 as paragraphs 6 and
?, respectively; and
(3) by adding after paragraph 3 the following.
"4. Any proposed legislation reported by a committee which in-
cludes substantial matter outside the jurisdiction of such commit1
tee shall, at the request of the chairman of any committee having
jurisdiction over the matter, be considered and reported by the
committee requesting referral prior to its consideration by the
Senate. Proposed legislation referred to another committee under
this subparagraph shall be considered for a period not to exceed 30
calendar days (excluding days when the Senate is not in session)
unless jointly determined by the chairmen of ,the committees con-
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"5. Any proposed bill or joint resolution making appropriations
reported by the Committee on Appropriations which includes a leg-
islative provision outside the jurisdiction of such committee shall,
at the request of the chairman of any committee having jurisdic-
tion over such legislative provision, be considered and reported by
the committee requesting referral prior to its consideration by the
Senate. Proposed legislation referred to another committee under
this subparagraph shall be considered for a period not to exceed ~
calendar days (excluding days when the Senate is not in session)
unless a shorter period of reference is agreed upon by the majority
leader or his designee and the minority leader or his designee.".
SEC. ?. (aXl) There is established a select committee of the Senate
to be known as the Select Committee on the Two Year Budget
(hereafter in this section referred to as the "select committee").
The select committee shall be composed of twelve members of the
Senate, six from the majority party and six from the minority
party, to be appointed by the President of the Senate upon the rec-
ommendation of the majority leader and the minority leader.
(2) Of the twelve members-
(A) four members shall be from the Committee on the
Budget;
B) four members shall be from the Committee on Rules and
Administration; and
(C) four members shall be from the Committee on Govern-
mental Affairs.
(3) The select committee shall select a chairman from among its
majority members and a cochairman from among its minority
members.
(bXl) A majority of the members of the select committee shall
constitute a quorum for the transaction of business, except that the
select committee may fix a lesser number as a quorum for the pur-
pose of taking sworn testimony.
(2) Vacancies in the membership of the select committee shall
not affect the authority of the remaining members to execute the
functions of the committee, and shall be filled in the same manner
as original appointments are made.
(3) The select committee shall adopt rules of procedure not incon-
sistent with the rules of the Senate governing standing committees
of the Senate.
(4) Service of a Senator as a member or a chairman of the select
committee shall not be taken into account for the purposes of para-
graph 4 of rule XXV of the Standing Rules of the Senate.
(cXl) It shall be the duty of the select committee to-
(A) study and review current legislative proposals for a two-
year budget; and
(B) recommend a specific two-year budget process, together
with proposed legislation to implement the process.
(2) The select committee shall report and make recommendations
to the Senate within 90 days after the adoption of this section.
(dxl) For the purposes of this section, the select committee is au-
thorized (A) to make expenditures from the contingent fund of the
Senate, (B) to hold hearings, and (,C) to~~it and act at any time or
place.
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(2) With the consent of the chairman of any other committee of
the Senate, the select committee may utilize the facilities and the
services of the staff of such other committee of the Senate, or any
subcommittee thereof, whenever the chairman of the select com-
mittee determines that such action is necessary and appropriate.
(e) Expenses of the select committee under this section shall be
paid from the contingent fund of the Senate upon vouchers ap-
proved by the chairman of the select committee.
SEC. 8. The first sentence of section 2 (~) of Senate Resolution
400, 94th Congress, is amended by strikuig the word "eight" and
inserting in lieu thereof "ten".
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CONCURRENT RESOLUTION
To establish a Joint Committee on Intelligence Oversight
Resolved by the Senate (the House of Representatives concurringr),.~
That there is hereby established a Joint Committee on Intelligence
Oversight (hereinafter referred to as the "joint committee") which
shall be composed of ten members appointed as follows:
(1) five members of the Senate, three to be appointed by the
majority leader of the Senate and two to be appointed by the
minority leader of the Senate; and
(2) five members of the House of Representatives, three to be
appointed by the majority leader of the House of Representa-
tives and two to be appointed by the minority leader of the
House of Representatives.
(b) The joint committee shall select a chairman and a vice chair-
man from among its members at the beginning of each Congress.
The vice chairman shall act in the place and stead of the chairman
in the absence of the chairman. The chairmanship and the vice
chairmanship shall alternate between the Senate and the House of
Representatives with each Congress. The chairman during each
even numbered Congress shall be selected by the Members of the
House of Representatives on the joint committee from among their
number ~ and the chairman during each odd-numbered Congress
shall be selected by the Members of the Senate on the joint com-
mittee from among their number. The vice chairman during each
Congress shall be chosen in the same manner from that House of
Congress other than the House of Congress of which the chairman
is a Member.
SEC. 2. (a) The jurisdiction and duties of the joint committee shall
be as provided in section 3 of Senate Resolution 400, 94th Congress,
relating to the Select Committee on Intelligence, approved May 19,
1976.
,(b) All bills, resolutions, and other matters in the Senate or the
House of Representatives relating primarily to the jurisdiction of
the joint committee shall be referred to the joint committee. The
members of the joint committee who are Members of the Senate
shall from time to time report to the Senate, and the members of
the joint committee who are Members of the House of Representa-
tives shall from time to time report to the House, by bill or other-
wise, their recommendations with respect to matters within the ju-
risdiction of their respective Houses which are (1) referred to the
joint committee, or (2) otherwise within the jurisdiction of the joint
committee.
SEC. 3. The joint committee shall be administered in accordance
with the provisions of sections 4 through 14 and section 16 ofl
Senate Resolution 400, 94th Congress, except that all staff shall be
appointed jointly by the chairman and vice chairman?.and such ap-
pointments shall be made without regard to political affiliation and
solely on the basis of fitness to perform the duties of the position.
SEC. 4. For purposes of the resolution, all references in Senate
Resolution 400 to-
(1) the term "select committee" shall be; treated as referring
to the "joint committee"; and
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(2) the term "Senate" shall be treated as referring to either
House of the Congress, subject to the rules and procedures of
the House of Representatives.
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F
VII. CHANGES IN EXISTING RULES AND RESOLUTIONS
Changes in existing rules and resolutions made by the proposed
Senate Resolution are shown as follows (existing matter proposed
to be omitted is enclosed in black brackets, new matter is italic).
STANDING RULES OF THE SENATE
Rule XVII
Reference to Committees; Motions to Discharge; Reports of Com-
mittees; and Hearings Available. '
1. Except as provided in [paragraph 3,] paragraphs 3, 4 and 5,
in any case in which a controversy arises as to the jurisdiction of
any committee with respect to any proposed legislation, the ques-
tion of jurisdiction shall be decided by the presiding officer, with?
out debate, in favor of the committee which has ~urlsdiction over
the subject matter which predominates in such proposed legisla-
tion; but such decision shall be subject to an appear. ' ' '
.?. Any proposed legislation reported by a committee which in-
cludes substantial matter outside the jurisdiction ojsuch committee
shall, at the request of the chairman of any committee having juris-
diction over the matter, be considered and reported by the committee
requesting referral prior to its consideration by the Senate. Proposed
legislation referred to another committee under this subparagraph
shall be considered for a period not to exceed 30 calendar days ~ex-
cluding days when the Senate is not in session) unless jointly deter-
mined by the chairman of the committees considering the legisla-
tion.
5. Any proposed bill or joint resolution making appropriations re-
ported by the Committee on Appropriations which Includes a legis-
lative provision outside the jurlsdu;tion of such committee shall, at
the request of the chairman of any committee having jurisdiction
over such legislative provision, be considered and reported by the
committee requesting referral rior to its consideration by the
senate. Proposed legislation re~rred to another committee under
this subparagraph shall 6e considered for a period not to exceed 5
calendar days (excluding days when the Senate is not in session)
unless a shorter period of reference is agreed upon by the majority
leader or his designee and the minority leader or his designee.
6 [4] (a) All reports of committees and motions to discharge a
committee from the consideration of a subject, and all subjects
from which a committee shall be discharged, shall lie over one day
for consideration, unless by unanimous consent the Senate shall
otherwise direct.
(b) Whenever any committee (except the Committee on Appro-
priations) has reported any measure, by action taken in conformity'
with the requirements of paragraph 7 of rule XXVI, no point of
order shall lie with respect to that measure on the~~.ground that
hearings upon that measure by the committee were not conducted
in accordance with the provisions of paragraph 4 of rule XXVI.
7. [5.] Any measure or matter reported by any standing com-
mittee shall not be considered in the Senate unless the report of
that committee upon that measure. or matter has been available to
Members for at least three calendar days (excluding Saturdays,
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Sundays, and legal holidays) prior to the consideration of that
measure or matter. If hearings have been held on any such meas-
ure or matter so reported, the committee reporting the measure or
matter shall make every reasonable effort to have such hearings
printed and available for distribution to the Members of the Senate
prior to the consideration of such measure or matter in the Senate.
This paragraph-
(1) may be waived by joint agreement of the majority leader
and the minority leader of the Senate; and
(2) shall not apply to-
(A) any measure for the declaration of war, or the decla-
ration of a national emergency, by the Congress, and
(B) any executive decision, determination, or action
which would become, or continue to be, effective unless
disapproved or otherwise invalidated by one or both
Houses of Congress.
...
2. Except as otherwise provided by paragraph 4 of this rule, each
of the following standing committees shall consist of the number of
Senators set forth in the following table on the line on which the
name of that committee appears:
Committee: Members
Agriculture, Nutrition, and Forestry.....>.>........>.> .............>..................... 1 1 a
Appropriations ........>....>......>>..>......>>........>>>>>>>...>........> .................... [29] .1:
Armed Services ........................................................... .. [18] la
Basking, Housing, and Urban Affairs.........>>.>...>.......>..>..>> ................. [18] 1~
Commerce, Science and Transportation.....>.>>..>..>..........>...>.>..>.......... [1 i ] 1:
Energy and Natural Resources ...................>.......>>......>>........................... [21] 19
Environment and Public Works ...................>.......>..................................... [18] 1a
Finance ...................................................>....>.............>.................................... [20] 19
Foreign Relations .............................................>>>...................>..................... 1 ] 1a
Governmental Affairs ....................................................>..................>......>... 18 1.1
Judicisry ......................................>..............>......_>...............>.......>................ [ 18] 1 i
Labor and Human Resources ..........................>..................>...............>....... [18] 1,1
3. (a) Except as otherwise provided by paragraph 4 of this rule,
each of the following standing committees shall consist of the
number of Senators set forth in the following table on the line on
which the name of that committee appears:
Committee? Members
Budget ................................>.......................>..................................................... [~~] 21
Indian Affairs .................................................................................................. 7
Rules and Administration .............................................................................. [12] 11
Veterans' Affairs .............................>..................>.......................................... 12] 11 ~
Small Business .....................>..............................................:........................... [19] 19
(b) Each of the following committees and joint committees shall
consist of the number of Senators (or Senate members in the case
of a joint committee) set forth in the following table on the line on
which the name of that committee appears:
Committee: Members
Aging.........>.>.....>>.>.....>....>.....>.> ...............>...... ~~.~......................... [19] 1.1
Intelligence...........>.>...........> ..............>...... >\ ~.>....... ~........................ [10]101
.......
............
Joint Economic Comauttee ...................>......>....>..:....................................
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(c) Each of the following committees and joint committees shall
consist of the number of Senators (or Senate members, in the case
of a joint committee) set forth in the following table on the line on
which the name of that committee appears:
Committee: Members
Ethics ..................>.........>...>..>>......................>..........................>.......................... 6
[Indian Affairs ............................>:..>...>.........................>.................................... 7]
Joint Committee on Tauation ...>.>....>....>.....>...? .............................................. 3
4. (a) Except as otherwise provided by this paragraph-
(1) each Senator shall serve on two and no more committees
listed in paragraph 2; [and]
(2) each Senator may serve on only one committee listed in
paragraph 3 (a) or (b) ;and
(3) each Senator may serve on not more than a total of nine
committees and subcommittees.
For the purpose of division (.~) of this subparagraph, only commit-
tees listed in paragraphs 2 and .~ (a) and (b) and subcommittees
thereof shall be counted
(bXl) Each Senator may serve on not more than [three] two
subcommittees of each committee (other than the Committee on
Appropriations) [listed in paragraph 2] of which he is a member.
[(2) Each Senator may serve on not more than two subcommit-
tees of a committee listed in paragraph 3 (a) or (b) of which he is a
member.]
(2) [(3)] Notwithstanding division (1) of this subparagraph and
division (~I of subparagraph (a), [subparagraphs (1) and (2)] a Sen-
ator serving as chairman or ranking minority member of a stand-
ing, select, or special committee of the Senate or joint committee of
the Congress may serve ex officio, without vote, as a member of
any subcommittee of such committee or joint committee.
(.~) [(4)] No committee of the Senate may establish any subunit
of that committee other than a subcommittee, unless the Senate by
resolution has given permission therefor. For purposes of this sub-
paragraph, any subunit of a joint committee shall be treated as a
subcommittee.
(.?) No committee of the Senate may establish more than f ve sub-
committees, except the Committee on Appropriations which may es-
tablish not more than thirteen subcommittees.
[(g) A Senator who on the day preceding the effective .date of
title I of the Committee System Reorganization Amendments of
197? was serving as the chairman or ranking minority member of
the Committee on the District of Columbia or the Committee on
Post Office and Civil Service may serve on the Committee on Gov-
ernmental Affairs in addition to serving on two other standing
committees listed in paragraph 2. At the request of any such Sena-'
tor, he shall be appointed to serve on such committee but, while
serving on such committee and two other standing.. committees
listed in paragraph 2, he may not serve on any committee listed in
paragraph 3 (a) or (b) other than the Committee on Rules and Ad-
ministration. The preceding provisions of this subparagraph shall
apply with respect to any Senator only so long as his service as a
member of the Committee on Governmental Affairs is continuous
after the date on which the appointment of the majority and mi-
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nority members of the Committee on Governmental Affairs is ini-
tially completed.
[(h) ~1) A Senator may serve on the Committee on the Budget in
addition to serving on two other committees listed in paragraph 2,
but any Senator so serving may not serve on any committee listed
in paragraph 3 (a) or (b).
[(2) Notwithstanding subparagraph (1),, a Senator who is serving
on the Committee on the Budget and two other committees listed
in paragraph 2 may also serve on the Select Committee on Small
Business or the Special Committee on Aging or, in the case of a
Senator who was a member of the Select Committee on Intelligence
on the last day of the Ninety-fifth Congress, may continue to serve
on such select committee so long as his servlce on such select com-
mittee is continuous and he is eligible to serve on such select com-
mittee under the provisions of section 2(b) of Senate Resolution 400,
Ninety-fourth Congress, as amended.
[(3) A Senator who is eligible under subparagraph (i) to serve on
three committees listed in paragraph 2 may serve on the Commit-
tee on the Budget in addition to serving on such committees, but
any Senator so serving may not serve on any committee listed in
paragraph 3 (a) or (b).
[(4) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member on the Joint Economic Committee may,
during the Ninety-seventh and the Ninety-eighth Congresses, also
serve as a member of the Committee on Intelligence so long as his
service as a member of each such committee is continuous, but in
no event may he serve, by reason of this subdivision, as a member
of more than two committees listed in paragraph 3 (a) or (b). '
[(ixl) A Senator who on the last day of the Ninety-fifth Congress
was serving as a member of three committees listed in paragraph 2
(as this rule was in effect on such day) may continue to serve as a
member of each of such committees so long as his service as a
member of each such committee is continuous.
[(2) A Senator who on the last day of the Ninety-fifth Congress
was serving as a member of the Committee on Energy and Natural
Resources and the Committee on the Judiciary may also serve as a
member of the Committee on Labor and Human Resources so long
as his service as a member of each of such committees is continu-
ous, but in no event may he serve, by reason of this subparagraph,
as a member of more than three comn~uttees listed in paragraph 2.
[(3) A Senator who on the last day of the Ninety-fifth Congress
was serving as a member of the Committee on Agriculture, Nutri-
tion, and Forestry and the Committee on Banking, Housing, and
Urban Affairs may also serve as a member of the Committee on
Foreign Relations so long as his service as a member of each of~
such committees is continuous, but in no event may he serve, by
reason of this subparagraph, as a member of more than three com-
mittees listed in paragraph 2. ~
[(4) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member of the Committee on Agriculture, Nutri-
tion, and Forestry and the Committee on Appropriations or the
Committee on Finance may, during the Ninety-seventh and the
Ninety-eighth Congresses, also serve as~a member of the Commit-
tee on the Judiciary so long as his service as a member of each of
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such committees is continuous, but in no event may he serve, by
reason of this subdivision, as a member of more than three commit-
tees listed in paragraph 2.
[(5) A Senator who on the last day of the Ninety-fifth Congress
was serving as a member of the Committee on Small Business and
was also serving on the Committee on Intelligence may, during the
Ninety-seventh and the Ninety-eighth Congresses, continue to
serve on both of such committees so long as service as a member of
each such committee is continuous, but in no event may he serve,
by reason of this subdivision, as a member of more than two com-
mittees listed in paragraph (3) (a) or (b).
[(6) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member of the Committee on Appropriations and
the Committee on Energy and Natural Resources may, during the
Ninety-seventh and the Ninety-eigth Congresses, also serve as a
member of the Committee on Labor and Human Resources so long
as his service as a member of each of such committees is continu-
ous, but in no event may he serve, by reason of this subdivision, as
a member of more than three committees listed in paragraph 2.
[(?) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member of the Committee on the Judiciary and
the Committee on Commerce, Science, and Transportation may,
during the Ninety-seventh and the Ninety-eighth Congresses, also
serve as a member of the Committee on Agriculture, Nutrition,
and Forestry so long as his service as a member of each of such
wmmittees is continuous, but in no event may he serve, by reason
of this subdivision, as a member of more than three committees
listed in paragraph 2.
[(8) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member of the Committee on the Judiciary and
the Committee on Finance may, during the Ninety-seventh and the
Ninety-eighth Congresses, also serve as a member of the Commit-
tee on Environment and Public Works so long as his service as a
member of each of such committees is continuous, but in no event
may he serve, by reason of this subdivision, as a member of more
than three committees listed in paragraph 2.
[(9) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member of the Committee on the Finance and the
Committee on Banking, Housing, and Urban Affairs may, during
the Ninety-seventh and the Ninety-eighth Congresses, also serve as
a member of the Committee on Energy and Natural Resources so
long as his service as a member of each of such committees is con?
tinuous, but in no event may he serve, by reason of this subdivi-
sion, as a member of more than three committees listed in para-
graph 2.
[(10) A Senator who on the last day of the Ninety-sixth Congress'
was serving as a member of the Committee on the Armed Services
and the Committee on Labor and Human Resources may, during
the Ninety-seventh and the Ninety-eighth Congresses, also serve as
a member of the Committee on Energy and Natural Resources so
long as his service as a member of each of such committees is con-
tinuous, but in no event may he serve, by reason of this subdivi-
sion, as a member of more than three committees listed in para-
graph 2.
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 ~ 1 I 1 'i `I i ~l 1 1^^ it L>I ^^ ). 1 ( 1 1 ! 1 1 I I 1 I
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rART x ..
[(11) A Senator who on the last day of the Ninety-sixth Congress
was serving as a member of the Committee on the Finance and the
Committee on Environment and Public Works may, during the
Ninety-seventh and the Ninety-eighth Congresses, also serve as a
member of the Committee on Banking, Housing, and Urban Affairs
so long as his service as a member of each of such committees is
continuous, but in no event may he serve, by reason of this subdivi-
sion, as a member of more than three committees listed in para-
graph 2.
[(j) If the majority and minority leaders find that the limitation,
imposed by the preceding provisions with respect to the number of
committees listed in paragraphs 2 and 3 (a) and (b) upon which a
Senator may serve, prevents the filling of all membership positions
in any of such committees, then such leaders may enter into an
agreement under which a Senator may serve on the Committee on
the Budget or the Committee on Intelligence while also serving on
two other of the committees listed in paragraph 2 and on one of
the committees listed in paragraph 3 (a) or (b). The provisions of
this subparagraph shall be effective only during the Ninety-seventh
and the Ninety-eighth Congresses.
[(k) Two Senators, each of whom was first elected to the Senate
for a term which commences on January 3, 1981, may serve, during
the Ninety-seventh Congress, on the Committee on the Judiciary,
the Committee on Labor and Human Resources, and also on one
other committee listed in paragraph 2 so long as the service of the
Senator as a member of each of such committees is continuous, but
in no event may he serve, by reason of this subdivision, as a
member of more than three committees listed in paragraph 2.
[(1) A Senator who was appointed pursuant to Senate Resolution
366, 97th Congress, to serve on the Committee on Labor and
Human Resources, the Committee on Banking, Housing, and
Urban Affairs, or the Committee on Rule and Administration may,
during the Ninety~ighth Congress, serve on such committee while
continuing to serve on each other committee to which he was as-
signed to service as of the date such resolution was agreed to.
[(m) A Senator was appointed pursuant to Senate Resolution
380, 97th Congress, to serve on the Committee on Agricultural, Nu-
trition, and Forestry may, during the Ninety-eighth Congress, serve
on such committee while continuing to serve on each other commit-
tee to which he was assigned to service as of the date such resolu-
tion was agreed to.
[(n)(1) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works may, during the Ninety-eighth Congress, also serve as a?
member of the Committee on Appropriations so long as his service
as a member of such committee is continuous, but in no event may
he serve, by reason of this subdivision, as a member?,of more than
three committees listed in paragraph 2.
[(2) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on the Judiciary
and the Committee on Labor and Human Resources may, during
the Ninety-eighth Congress, also serve as a member of the Commit-
tee on Armed Services so long as 'leis service as a member of such
~ \ ?
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PART A
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committee is continuous, but in no event may he serve, by reason
of this subdivision, as a member of more than three committees
listed in paragraph 2.
[(3) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Finance and
the Committee on Governmental Affairs may, during the Ninety-
eighth Congress, also serve as a member of the Committee on Envi-
ronment and Public Works so long as his service as a member of
each such committee is continuous, but in no event may he serve,
by reason of this subdivision, as a member of more than three com-
mittees listed in paragraph 2.
[(4) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Appropriations
may, during the Ninety~ighth Congress, also serve as a member of
the Committee on Governmental Affairs so long as his service as a
member of each such committee is continuous, but in no event may
he serve, by reason of this subdivision, as a member of more than
three committees listed in paragraph 2.
[(5) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Banking,
Housing, and Urban Affairs and the Committee on Finance may,
during .the Ninety-eighth Congress, also serve as a member of the
Committee on Governmental Affairs so long as his service as a
member of each such committee is continuous, but in no event may
he serve, by reason of this subdivision, as a member of more than
three committees listed in paragraph 2.
[(6) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Appropriations
and the Committee on Banking, Housing, and Urban Affairs may,
during the Ninety-eighth Congress, also serve as a member of the
Committee on Labor and Human Resources so long as his service
as a member of each such committee is continuous, but in no event
may he serve, by reason of this subdivision, as a member of more
than three committees listed in paragraph 2.
[(?) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Finance and
the Committee on the Judiciary may, during the Ninety-eighth
Congress, also serve as a member of the Committee on Labor and
Human Resources so long as his service as a member of each such
committee is continuous, but in no event may he serve, by reason
of this subdivision, as a member of more than three committees
listed in paragraph 2.
[(8) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Veterans' Af-
fairs may, during the Ninety-eighth Congress, also serve as ti
member of the Committee on Rules and Administration so long as
his service as a member of each such committee is continuous, but
in no event may he serve, by reason of this subdivision, as a
member of more than two committees listed in paragraph 3(a) or
(b). i .
[(9) A Senator who on the last day of the Ninety-seventh Con-
gress was serving as a member pf the, Comi~littee on Aging may,
during the Ninety-eighth Congress, also .serve as a member of the
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. PART A
Committee on Intelligence so long as his service as a member of
each such committee is continuous, but in no event may he serve,
by reason of this subdivision, as a member of more than two com-
mittees listed in paragraph 3(a) or (b).
[(10) A Senator who on tihe last day of the Ninety-seventh Con-
gress was serving as a member of the Committee on Aging may,
during the Ninety~ighth Congress, also serve as a member of the
Committee on Small Business so long as his service as a member of
each such committee is continuous, but in no event may he serve,
by reason of this subdivision, as a member of more than two com-
mittees listed in paragraph 3 (a) or (b).
[(11) A Senator who on the date this subdivision is agreed to is
serving on the Committee on Armed Services and on the Commit-
tee on the Judiciary may, during the Ninety-eighth Congress, also
serve as a member of the Committee on Labor and Human Re-
sources, but in no event may such Senator serve, by reason of this
subdivision, as a member of more than three committees listed in
paragraph 2.
'[(12) A Senator who on the date this subdivision is agreed to is
serving on the Committee on Agriculture, Nutrition, and Forestry
and the Committee on Banking, Housing, and Urban Affairs may,
during the Ninety-eighth Congress, also serve on the Committee on
Labor and Human Resources, but in no event may such Senator
serve, by reason of this subdivision, as a member of more than
three committees listed in paragraph 2.
[(13) A Senator who on the date this subdivision is agreed to is
serving on the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs may, during the Ninety-
eighth Congress, also serve on the Committee on Labor and Human
Resources, but in no event may such Senator serve, by reason of
this subdivision, as a member of more than three committees listed
in paragraph 2.
[(14) A Senator who on the date this subdivision is agreed to is
serving on the Committee on the Budget and the Committee on
Small Business may, during the Ninety-eighth Congress, also serve
on the Committee on Veterans' Affairs but in no event may such
Senator serve, by reason of this subdivision, as a member of more
than three committees listed in paragraph 3~a) or (b).
[(15) A Senator who on the date this su division is agreed to is
serving on the Committee on Agriculture, Nutrition, and Forestry,
the Committee on Labor and Human Resources, and on the Com-
mittee on Banking, Housing, and Urban Affairs, may, in lieu of
their service on the Committee on Banking, Housing, and Urban
Affairs during the Ninety-eighth Congress, also serve as a member
of the Committee on Foreign Relations, but in no event may sucl~~
Senator serve by reason of this subdivision, as a member of more
than three committees listed in paragraph 2. ~
[(16) A Senator who on the date this subdivision is agreed to is
serving on the Committee on Armed Services, the Committee on
.Environment and Public Works, and the Committee on Labor and
Human Resources, may, in lieu of the Committee on Labor and
Human Resources, also serve as a member of the Committee on
Banking, Housing, and Urban Affairs, but in no event may such
.~
a`
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33
Senator serve by reason of this subdivision, as a member of more
than three committees listed in paragraph 2.
[(1?) A Senator who, on the date this subdivision is agreed to, is
serving on the Committee on Rules and Administration may also
serve as a member of the Special Committee on Aging.
[(18) A Senator who on the date this subdivision is agreed to, is
serving on the Committee on Agriculture, Nutrition, and Forestry,
and the Committee on Banking, Housing, and Urban Affairs, may,
during the Ninety-eighth Congress,.also serve as a member of the
Committee on Armed Forces, but in no event may such Senator
serve, by reason of this subdivision, as a member of more than
three committees listed in paragraph 2.
[(19) A Senator who, on the date this subdivision is agreed to, is
serving on the Committee on Armed Services and the Committee
on Governmental Affairs, may, during the Ninety-eighth Congress,
also serve as a member of the Committee on Energy and Natural
Resources, but in no event may such Senator serve, by reason of
this subdivision, as a member of more than three committees listed
in paragraph 2.
[(20) A Senator who, on the date this subdivision is agreed to, is
serving on the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Commerce, Science, and Transportation,
may, during the Ninety-eighth Congress, also serve as a member of
the Committee on Environment and Public Works, but in no event
may such Senator serve, by reason of this subdivision, as a member
of more than three committees listed in paragraph 2.
[(21) A Senator who, on the date this subdivision is agreed to, is
serving on the Committee on Agriculture, Nutrition, and Forestry
and the Committee on Finance, may, during the Ninety-eighth
Congress, also serve as a member of the Committee on Governmen-
tal Affairs, but in no event may such Senator serve, by reason of
this subdivision, as a member of more than three committees listed
in paragraph 2.]
Rule XXVI
...
3. Each standing committee (except the Committee on Appropria-
tions) shall fix regular weekly, biweekly, or monthly meetings days
for the transaction of business before the committee and additional
meetings may be called by the chairman as he may deem neces-
sary. Whenever the date and hour for a meeting called by a commit-
tee to mark up', legislation is announced, the chairman shall an-
nounce which members of such committee have other committee
mark up meetings previously scheduled for such date and hour. If
at least three members of any such committee desire that a special
meeting of the committee be called by the chairman,'those mem?.
hers may file in the offices of the committee their written request
to the chairman for that special meeting. Immediately upon the
filing of the request, the clerk of the committee shall notify the
chairman of the filing of the request. If,~~within three calendar days
after the filing of the request, the `~hairman does not call the re-
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5-039916 0034(00)(22-NOV-84-10:55:31) F6602.DOC 04/19/84
34
quested special meeting, to be held within seven calendar days
after the filing of the request, a majority of the members of the
committee may file in the offices of the committee their written
notice that a special meeting of the committee will be held, specify-
ing the date and hour of that special meeting. The committee shall
meet on that date and hour. Immediately upon the filing of the
notice, the clerk of the committee shall notify all members of the
committee that such special meeting will be held and inform them
of its date and hour. If the chairman of any such committee is not
present at any regular, additional, or special meeting of the com-
mittee, the ranking member of the majority party on the commit-
tee who is present shall preside at that meeting.' ' '
?. (aXl) Except as provided in this paragraph, each committee,
and each subcommittee thereof is authorized to fix the number of
its members (but not less than one-third of its entire membership)
who shall constitute a quorum thereof for the transaction of such
business as may be considered by said committee, except that no
measure or matter or recommendation shall be reported from any
committee unless a majority of the committee were physically
present. In carrying out the provisions of the previous sentence, a
committee or a subcommittee shall be deemed to consist of the
number of its members exclusive of the majority and minority lead-
ers.
(2) Each such committee, or subcommittee, is authorized to fix a
lesser number than one-third of its entire membership who shall
constitute a quorum thereof for the purpose of taking sworn testi-
mony. ' ' ' _ _
S. RES. 400-94~ CoxcxESs
...
(b) No Senator may serve on the select committee for more than
ten [eight] years of continuous service, exclusive of service by any
Senator on such committee during the Ninety-fourth Congress. To
the greatest extent practicable, one-third of the Members of the
Senate appointed to the select committee at the beginning of the
Ninety-seventh Congress and each Congress thereafter shall be
Members of the Senate who did not serve on such committee
during the preceding Congress.' ' '
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` ~ ~ . , ~- PART A
,,
5-039916 0035(00)(22-NOV-84-10:53:32) F6602.DOC 04/19/84
VIII. SECTION-BY-SECTION ANALYSIS
SENATE RESOLUTION To improve the operation of the committee system and for
other purposes
Section 1 amends paragraphs 2 and 3 of rule XXV of the Stand-
ing Rules of the Senate by reducing the membership levels of cer-
tain committees.
Section 2(a) amends paragraph 4 of rule XXV by requiring that
senators serve on not more than 9 committees and subcommittees
of the committees listed in pazagraphs 2 and 3 (a) and (b).
Section 2(b) amends rule XXV by restricting senators to member-
ship on 2 subcommittees for each committee listed in paragraphs 2
and 3 (a) and (b) on which they serve.
Section 2(c) amends rule XXV by restricting committees to the
establishment of a maximum of 5 subcommittees, except for the
Committee on Appropriations which may establish a maximum of
13 subcommittees.
Section 3 repeals subparagraphs (g), (h), (i), (j), (k), (1), (m) and (n)
of paragraph 4. These subparagraphs contain exceptions to the as-
signment limitations contained in paragraph 4(a) (1) and (2) of rule
XXV.
Section 4 amends XXVI by requiring that, whenever a committee
chairman announces a mark up meeting, he shall also announce
which members of his committee have other committee mark up
meetings previously scheduled for that time and day.
Section 5 amends rule XXVI by providing that a committee or
subcommittee is deemed to consist of the number of its members
exclusive of the majority and minority leaders in order to facilitate
the establishment of a quorum.
Section 6 amends rule XVII by adding two provisions covering
bill referral. The first provision requires that any proposed legisla-
tion reported by a committee which includes substantial matter
outside the jurisdiction of that committee shall, at the request of
the chairman of any committee having jurisdiction over the
matter, be considered and reported by the committee requesting re-
ferral prior to its consideration by the Senate within 30 days or a
period jointly determined by the chairmen of the committees.
The second provision requires that any proposed bill or joint res-
olution making appropriations reported by the Committee on Ap-
propriations which includes a legislative provision outside the juris-
diction of that committee shall, at the request of the chairman of
any committee having jurisdiction over that legislative provision,
be considered and reported by the committee requesting referral
prior to its consideration b the Senate within 5 days unless a
shorter period is agreed to ~y the majority and minority leaders.
Section ? establishes a Select Committee on the Two Year-
Budget, composed of twelve members, half from the majority and
half from the minority. Of the twelve members, four will be ap-
pointed from the Committee on the Budget, four will be appointed
from the Committee on Rules and Administration and four will be .
appointed from the Committee on Governmental Affairs. It is the
duty of the select committee to recommend a specific two-year
budget process within 90 days to ether with., appropriate legisla-
tion. ~ ~
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Section 8 amends S. Res. 400, the 94th Congress resolution estab-
lishing the Select Committee on Intelligence, by changing the con-
tinuous service limitation from eight years to ten years.
CONCURRENT RESOLUTION To establish a Joint Committee on Intelligence
Oversight
Section 1 establishes the Joint Committee on Intelligence Over-
sight consisting of ten members, five from the Senate (three ap-
pointed by the majority leader and two by the minority leader) and
five from the House (three appointed by the majority leader and
two by the minority leader).
The Joint Committee shall select a chairman and vice chairman
from among its members at the beginning of each Congress and the
chairmanship and vice chairmanship shall alternate between the
Senate and the House with each Congress. During each even-num-
bered Congress the chairman shall be selected by the House mem-
bers and the vice chairman by the Senate members. During each
off-numbered Congress the chairman shall be selected by the
Senate members and the vice chairman by the House members.
Section 2 describes the jurisdiction and duties of the Joint Com-
mittee as the same as provided in section 3 of Senate Resolution
400, 94th Congress, relating to the Select Committee on Intelli-
gence.
In addition, Section 2 requires that all bills, resolutions and
other matters in the Senate or House relating primarily to the ju-
risdiction of the Joint Committee shall be referred to it. Members
of the Joint Committee shall from time to time report to their re-
spective Houses, by bill or otherwise, their recommendations with
respect to matters which are referred to the Joint Committee or
are otherwise within the jurisdiction of the Joint Committee.
Section 3 provides that the Joint Committee shall be adminis-
tered in accordance with the provisions of sections 4 through 14
and section 16 of Senate Resolution 400, 94th Congress, except that
all staff shall be appointed jointly by the chairman and vice chair-
man and such appointments shall be made without regard to politi-
cal affiliation and solely on the basis of fitness to perform the
duties of the position.
Section 4 provides that, for the purposes of.the concurrent reso-
lution, all references in S. Res. 400 to the term "select committee"
shall be treated as referring to the "joint committee" and the term
"Senate" shall be treated as referring to either House of Congress.
Appendix A
TABLE 1-1.-U.S. SENATE, NUMBER OF COMMITTEES AND SUBCOMMITTEES: 1945-84
._ l
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5-039916 0037(00x22-NOV-810:55:33) F6602.DOC 04/19/84
TABLE 1-1.-U.S. SENATE, NUMBER OF COMMITTEES AND SUBCOMMITTEES: 1945-84-Continued
s~ ~~~
~ oonerrittees
~Om
NunF Nr
~~ su
rnCes d
m ~
NumOer d
tNm?~
~~
NumCa d
sum
a
ToW panels
85 (1957-58)
16
8S
4
4
9
12
130
86 (1959-60)
16
8)
S
0
12
8
128
87 (1961-62)
16
88
2
6
11
6
129
as (1963-64)
16
85
3
6
11
13
134
89 (1965-66)
16
92
3
6
11
14
142
90 (1967-68)
16
98
S
12
11
15
157
91 (1969-10)
16
101
S
12
10
15
159
92 (1971-72)
17
115
S
13
6
15
113
93 (1913-14)
18
127
1
13
9
16
190
94 (1975-I6)
18
122
6
13
I
It
180
9S (1977-78)
15
96
6
' 12
/
S
138
96 (1979-80)
1S
90
S
10
4
5
129
97 (1981-82) ~
16
101
S
/
1
6
136
98 (1983-pradtt)
16
102
S
1
4
6
137
~ INdea otlradse noted, data is canpiled tram U.S. lihnrY d Cagan CanBressiaul Researdr Service. Cammttee Stnrcwe. and
Npw and Saute Report Na 822 COY, fJr Sala P. Ridurdson end Susee Sdijel0erup. INuomBton. 1982.0. 17.
? Udess otlrarti>f noted. dad b ampild Irae Brorensan. CarBratian>tl SWf Dueetay: CanBrestnml Ouartab, CanOessiaul O~saM Aunanet
sad CO weekh Report and was HihMrinB C0. US Code CanBresvaW end Adnansentne Neaia
~ prduda one tlnee~nrea~er b Ha WorMnB fioap d UM Seleet Commits! a NrdYiBap.
Saam Canpestioaal Resaertf Service
TABLE 1-2.-U.S. SENATE. COMMITTEE ASSIGNMENTS: 1945-84
t Soux Udess ot8ae~se noted, data 's han U.S, l8>rary d Confirm Congressional Research Service Sfandi~ Cammitlee Struqure,
aed AssigmKnts: House end Saute Repot No. 82-12 GOU. b2 SW P. Ridwdson end Suyn Schtdddup. WuNnBtan. 1981 0. ]7.
' Sourcrs UNas oUiawise noted. data is canpikd han Brownson. Congressiaul Staff Diretto7: Cangrasiaul CwrtaM. Cangressanal Guartahr
AMronac and CO weekly Repot sad West PublisMg Co, U.S. Cade f and Aatiue Neva .
Souse Curpasotd Ruesdr Service \` ~ ,
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5-039916 0038(00)(22-NOV-84-10:33:38) F6602.DOC 04/19/84
38
TABLE 1-3.-AVERAGE SIZE OF SENATE STANDING COMMITTEES AND THEIR SUBCOMMITTEES
THREE TIMETABLES FOR 2-YEAR BUDGET
S 12 f'ard/puaHt S 20 ~ BeNman SdieduM
fJedpt Prxedu 91~ rownad kt d Dud2et Roam Act d 19a3 8ia~wl 8udn Da
catnpkted.
June 1st candrrtdrt resolution reported Omnibus appropriation bill reported Da
to Horues. by House Appropriation Commit-
. tee.
Juh Committees report new budget au? President and CBO report to Do.
tlroritatiars. Budget Committees ~.
~ Action p1 1st conarrent resolution House cdmpkta action on Omni- !b. `
tnmpkte4 bus appropriation bib.
Septemtax..._.. Committees report alloatiaa of Omnibus appropriation toll reported Oa
1st conarrrent resoution. Dy Senate Appropriation Cammit-
tea .
Acton on,new spelMfog authotipr Da
cortipleted, ~
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1---~ ---- = ---~
5-039916 0039(00)(22-NOV-84-10:55:40) F6602.DOC 04/19/84
1~r teal period: Oct. I, eves yr b
Sep. 30. ererr M
t)mpt Piooedire~ o~d Act d BW~et Rehm Act d 19a3 Biaim~l BWget and ~pprop. cycle
i~r eenl OaG Jan. I. even yr b 2-yr final period: Oet. 1. add yr to Sep. .
uat al. aced x w. om n
Otdoba_. Action on Omnibus appropriation 2-yr fiscal period begins.
dg canpkted. Recces Oct. 1 to l5.
Oetxmba_ Action an authoruation d rlew
tRldget wthaity completed.
Even year.
January, President submits revised budgetw 2?yr font period begins
Noverriber_ President submits tplrrent saviors
~nt?
ulrrent resolution to Houses
_. Acton an new budget and spend-
. lei authorih bilb completed.
August Action an 1d arrarrrdlt resahrtiatt
~~
September- Ar:tion on lemna'Gatioa bit mrlt-
pteted.
October _ 2-yr final period begins
March House oanmittee report new
budget and spatding wthorih
bgs.
Apra Senate committers report new
budget and spertdirtg authorih
bib.
ltne BldgN Committee report 2d t~th
President and C80 repot to
Budget Committees
Committee conduct oversight
during 2d session.
President and CBO report to
Budget Committee.
Authorisation/oversight session
begila.
Recces.
Recess aids.
Authorization/oversight continues.
Authorizatial/oversight wmpleted.
Riess.
Supplemental appropriations se-
sion.
Congress adjourns sine die.
Appendix C
MARErrP, CONFERENCE. AND MEETING CONFLICTS
WEDNESDAY. SEPTEMBER 12. 1984
Committee on Energy and Natural Resources: 10:00 a.m. Mark Up Session.
Johnston.
Nano.
Bumpers
Nano.
Ford
None
Metzentuum --
10:00 a.m
Committee an
labor and Human Resources.
Metzenpaum
10:30 a.m.
Subcommittee on Separation of Powers.
Matsunaga
~
~ 10:00 a.rn.
Committee on
labor and Human Resources.
Mekha..
~
None.
Tsonga~
None.
j
Bradley
None.
Levin
Nana.
Mcdune
Nora.
~
Hatfield
None.
.
Weicka
10:00 am
Committee on
labs and Human Resources.
Oomatid
10:00 a.m.
Committee an Environment and Public Works.
Wallop
None.
Wormer
Nona
Murkavrski
~.
None. ~,
Nidde
10:00 a.m.
Committee an labor and Human Resource.
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F6602.DOC 04/19/84
elanD
a Tme
Cammittce a subcommittee
Hedrt
N~
Chafx
10:00 a.m.
Committee on Environment and Public Works.
Heinz
N~
Evans
10:00 a.m.
Committee an Environment and Public Works.
Committee
on Environment and Public Wo
rks: 10:00 am. Mark Up Session.
Man
ber Time
Cammtts a suttta
RaMdplt
10:00 im
Committee an labor and Human Resounxs.
Berrtsea
Nate.
g
Nara.
~,
None.
Moynilun
None.
Mitchell
None
gauaa
10.30 a.m.
Subcommittee an Separation of Forcers.
~~
None.
Sbffard
10:00 a.m.
Committee an labor orb Human Resources.
gaka
None.
Chef
10:00 a.m.
_ Committer an Energy and Natural Resources.
xmpson
10.30 a.m.
Suboammittee an Sepuatan of Powers.
ADdna
None.
~
N~
Datknid
10:00 a.m.
Committee an Energy and Natural Resauras
Durenberger
Nor.
NWn~
None.
Ftraru
10:00 tm
Committee on Energy and Natural Resource.
Committee on the Judiciary: 10:30 a.m. Subcommittee on the Separation of
Powers Mark Up Session.
...:_.PARTA
fiauws
10:00 a.m.
Committee an Environment and Public Works.
Metzenba~~T
10:00 a.m.
Committee on Energy and Natural Resources.
MettenW~~~^
10:00 a.m
Committee an labor and Human Resources.
East
10:00 a.m.
Committee an labor and Human Resources.
Oenton
10:00 a.m
Committee en lobe and Human Resources.
5mpson
10:00 a m
Committee an Environment and Public works.
Committee on Labor and
Human Resources: 10:00
a.m. Executive Meeting.
Member
Time
Cammittx a subcanmittee
Kdmedy
None.
Randolph
10:00 a.m
Committee on Environment and frubl'n; Works.
PeA .
Nate.
Eagleton ~
None.
R'Kgle '
Nate.
Metzenbaum_
10:00 a.m.
Committee an Energy and Natural Resources
Metzenbaum
10:30 a.m
Subcommittee an Separaton of Powers.
Matsunaga
10:00 am
and Natural Resources.
Committee on Energy
Dodd
,
None. ~.
Ibtdt
None.
Stafford
10:00 a nl.
Committee on Environment and Public Works.
0rrayk
None.
Nidda
10:00 a.m.
Committee on Energy and Natural Resource.
Denton
10:30 a m.. ~
Subcommittee on Separation of Powers.
16:00 a.m..~._._..
the at Energy and Natural Resources.
5~
l~e
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~
10:30 a.m.
Subcommittee on Separation of Powers.
_
Hawkins
~'
Thutnaid
~-
Appendix D
(Taken From A "GERMANENESS AMENDMENT" PROVISION TO SENATE
RULES: AN OVERVIEW OF RECENT RECOMMENDATIONS]
(By Walter J. Oteszek, Specialist in American National Government, Government
Division, Congressional Research Service, August 20,1980, Pages 21-2?)
The next year (February ?, 197, Senators Pastore. Bentsen, and seven other
Members introduced a resolution (S. Rea 68) to establish a procedure for requiring
amendments to bills and resolutions to be germane. As Senator Pastore explained:
"The purpose of this resolution is to make it possible to prohibit the introduction
of nongermane amendments only and if two-thirds of those present and voting so
decide. This motion would be nondebatable and nonrenewable whether decided one
wa~ or the other.
' V the Senate, by two-thirds vote of those present and voting, decided that no
nongermane amendments would be in order, thereafter no nongermane amend-
ments could be offered for the remainder of the consideration of the pending busi-
a 'On the other hand. is such motion failed, then nongermane amendments would
be in order?for the remainder of the pending business.""
The Resolution wan referred to the Committee on Rules and Administration.
On Ma s, 1976, the Rules Committee favorably reported (S. Rept. 94-791) the res-
olution. The Committee amended the Pastore-Bentsen Resolution in two regards. It
exempted committee amendments from the germaneness requirement and amend-
ments adopted before a germaseness motion was agreed to by the Senate. Because
the Rules Committee's report aceompanying S. Res. fib is brief, st is cited in full.
'The Committee on Rules and Administration, to which was referred the resolu-
tion (S. Rea 68) to amend rule XVIII of the Standing Rules of the Senate, having
considered the same, reports favorably thereon with amendments and recommends
that the resolution as amended be agreed to.
"Senate Resolution 68 would amend rule XVIII of the Standing Rules of the
Senate to provide that any time during the consideration of a bill or resolution by
the Senate it shall be in order to adopt a motion requiring the germaneness of fur-
ther amendments to the said measure.
'The amendments approved by the Committee on Rules and Administration pro-
pose to change the resolution as introduced so as to exempt amendments reported
by the committee from the germaneness requirement as well as any amendments
already agreed to before any such motion should be adopted. The committee like?
wise proposes to eliminate that language which would allow only one motion to be
in order during the consideration of a particular bill or a particular resolution.
'This resolution, if adopted by the Senate would not mean that there would no
longer be any nongermane amendments added to a bill in the Senate. The germane-
ness situation during the consideration of bills and resolutions would mean the
same as under the existing rules; namely, germaneness would not be required
except when the Senate is operating under a unanimous consent agreement to that
- effect, considering general appropriation bills which require germaneness of amend-
ments under paragraph 4 of rule XVI, and when the Senate should invoke cloture
on a bill or resolution under rule XXII; unless, of course, the Senate should by a ~
two-thirds vote adopt a motion to require that amendments to a pending bill or reso-
lotion be germane, as proposed by this resolution if it should be adopted.
"This proposed amendment to the rules would allow the Senate` in its wisdom,
when it desires, to consider bills or resolutions without nongermane amendments or
so-called riders being in order, and to do it ezpeditiousIy without debate by two-
thirds vote, unless the committee reporting the bill should see fit to recommend
such a committee amendment.
`~~
s? Congressional Rernrd, Daily Edition, v. 114, F \ ry 7.1975. p. Si663.
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"These proposed changes in the rules would in no way restrict debate or germane
amendments if and when such a motion should be adopted. The adoption of a clo-
tuts motion just to prohibit nongermane amendments to a measure, which was uti-
lized in one instance in the consideration of a general tax bill, would also restrict
father debate on such proposed legislation."
Opposition to S. Res. 68 developed soon after it reached the Senate calendar.
Three Senators-Edward Keenedy, Jacob Javits, R-NY, and Dewey Bartlett, R-
OK-pplaced a "hold" on the Resolution to delay its consideration by the Senate. S.
,.
Res. 68 does violence to individual senator's rights and allows an additional advan-
tage to committees," ezplained an aide to Senator Javits.'6 The Senators also an-
nounced they would fight S. Res. 68 if it should reached the floor. On September 15,
1976, the Resolution was placed under "Subjects on the Table;' which consists of
business on the Calendar placed there by unanimous consenk No motion was subse-
quently made to remove S. Res. 68 from the table.
New Rules for the 96th Congr+esa.-On the first day of the 96th Congress (January
15, 1979). Senate Majority Leader Byrd introduced a package (S. Res. 9) of rules
changes to eliminate dilatory tactics. Senatorial and journalistic attention largely
focused on his recommendations to end postcloture filibusters. My colleagues, de?
Glared Senator Byrd, "this postcloture Filibuster is the kind of thing that creates ill
feelings and deep divisions rn the Senate.... It is not in the national interest."'s
Senator Byrd's series of rules changes included one to permit three-fifths of the
Senators present and voting to adopt a non~debatabte motion to require germane
amendments to a pending bill.s* "Members of the minority should weigh this pro-
p~a1 very carefully," observed Senator Orrin Hatch. R-Utah. "Minority Members
by definition do not control committees nor have more than minimal input on floor
scheduling; ' he said."
Both parties formed ad hoc committees to review S. Res. 9, and consider ways of
reaching a time limit for debate. In the end. Senator Byrd agreed to drop from S.
Rea. 9 all but the postcloture sections in return for Republican consent to a time-
limitation agreemenk On February ?, 1979, the Senate adopted a unanimous con-
sent agreement on the pastcloture proposals. now embodied in S. Res. 61.
However, Senator Byrd stated his intention to pursue the other rules proposals at
a Later time and under Senate procedures that would apply after the Senate ad-
journed following its first 1eg~slative day. In effect. this meant two-thirds cloture for
eztended debate on propaeed Senate rule changes. The Senate adopted S. Res. 61 on
February 22, 1979. After the vote on S. Res. 61, Senator Byrd secured Senate con-
sent to the following agreement:
"Mr. President, I ask unanimous consent that the remainder of Senate Resolution
9. stripped of the postcloture provisions that have been adopted now, amended, be
placed on the calendar, and it can be understood that an motion to invoke clo-
lure-well, first of all, a motion to prroceed would be debatable because it is a
motion to change the rules and it does not come within the morning hour exclusion.
So that would be debatable and would require two-thirds to invoke cloture on that
motion to roceed and would also require two-thirds to invoke cloture on the meas-
ure itself if it were ever called up.
"With that understanding. I ask unanimous consent that the remainder of Senate
Resolution 9 go on the General Calendar." ~?
S. Res. 9 ispe nding on the Senate Calendar.
1980 Byrd?Steuens Proposal-On June 25, 1980, Majority Leader Byrd and Assist-
ant Minority Leader Ted Stevens. R-Alaska, jointly introduced S. Res. 478, which
was referred to the Committee on Rules and Administration. The measure would
add a new paragraph 6 to Rule XV (dealing with Senate amendments and motions)
and allow the Senate to impose a germaneness requirement for amendments to a
pending bill.
Under S. Res. 478, Senators could twice offer a privileged motion during a calen-
dar day to prescribe a germaneness requirement for Senate floor amendments. If
?Congressional Quarterly Weekly Report, Mayy 22, 1976. p. 1308
'~ Congressional Record, Daily Digest. v. 125, Jaa. 15, 1979. p. 510.
'* At the start of the 95th Congress (January 4, 1977), Senator Mark Hatfield, R-0re., intro- '
doted S. Res. 7 to establish additional rules for germaneness of amendments. Under the Resolu-
tion, if a measure had been pending in the Senate for three hours on each of two or more Calen-
dar days, it would be in order to move that ao amendment not germane to such bill would be in
order. The motion would lie over until the following day, and, if agreed W by two-thirds of the ,
Senators present and voting (a quorum being present), ao amendment not germane to the meas-
ure under rnnarderation would be is order.
ss Congressional Retard, Daily Edition, v. 125, Ja~25.1979. p. S6?,0.
s~ Ibid-. p. 5165]- ,
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43
the motion is agreed to by three-fifths of the Senators present and voting, then only
germane floor amendments (except reported committee amendments and floor
amendments previously agreed to) shall be us order thereafter. Appeals from the de-
cisions of the Presiding Officer on the germaneness of amendments could be over-
turned by two-thirds of the Senators present and voting. The Senate decides appeals
today by simple majority vote. The two-thirds requirement would also apply when-
ever the Presiding Officer submitted the question of germaneness to the Senate. The
Byrd-Stevens proposal states:
"6. (a) At any time during the consideration of a bill or resolution, it shall twice
be in order during a calendar day to move that no amendment, other than the re-
ported committee amendments, which is not germane or relevant to the subject
matter of the bill or resolution, or to" the subject matter of an amendment proposed
by the committee which reported the bill or resolution. shall thereafter be in order.
The motion shall be privileged and shall be decided after one hour of debate, W be
equally divided and controlled by the Majority Leader and the Minority Leader, or
their designees.
"(b) If a motion made under subparagraph (a) is agreed to by an off-irmative vote
of three-fifths of the Senators present and voting, then any floor amendment not
already agreed to (except amendments proposed by the committee which reported
the bill or resolution) which is not germane or relevant to the subject matter of the
bill or resolution, or the subject matter of an amendment proposed by the commit-
tee which reported the bill or resolution, shall not be in order.
"(c) When a motion made under subparagraph (a) has been agreed to as provided
is subparagraph (b) with respect to a bill or resolution. points of order with respect
to questions of germaneness or relevancy of amendments shall be decided without
debate, except that the Presiding Officer may entertain debate for his own guidance
prior to ruling on the point of order. Appeals from the decision of the Presiding Offi-
cer on such points of order shall be decided without debate.
"(d) Whenever an appeal is taken from a decision of the Presiding Officer on the
question of germaneness of an amendment, or whenever the Presiding Officer sub
mite the question of germaneness or relevancy of an amendment to the Senate, the
vote necessary to overturn the decision of the Presiding Officer or hold the amend
meet germane or relevant shall be two-thirds of the Senators present and voting.'
The apparent catalyst for the introduction of S. Res. 478, according to one newspa-
per account, was the sharp debate that occurred on June 19, 1980, over Senator
Jesse Helms' effort to add a rnntroversial death penalty amendment two the 1981
Justice Department suthoriTation bill (S. 2377).'0 When Senator Helms did not with-
draw the amendment, Majority Leader Byrd offered two substitute amendments
that Senator Helms strongly opposed. Subsequently, the nongermane amendments
were recommited, but the debate left many hard feelings.
Some opponents of Seaator Byrd viewed his introduction of the Resolution as an
effort to tighten Democratic control of Senate floor proceedings. A staff side to the
Majority Leader disputed this contention. Senator Byrd "has introduced the amend-
ment before; 'the aide pointed out. "He's just doing it again."" Given the Minority
Whip's s nsorship and the measure's reference to the Rules Committee, it seems
certain that S. Res. 478 will be subject to careful analysis and scrutiny prior to its
being reported to the Senate, if and whea.that hould occur.
PErrnnc E ?
Vasailla Treaty.
Emagen~y tariff
Tariff alt....
Wortd !:sort _....
Migratory birds.
BnrKh banking.
Disabled officers
Cabrado Rrva_
Nav. 15, 1919.___._
78-16
feb. 2, 1921 _._._..
36-3
July 1, 1922.........
45-3
Jan. 25, 1926..._.._
68-26
June 1. 1926.....
46-33
FeD.15.
1927...r_
65-18
Feb. 26,
1927 ___.._
51-36
FeD. 26.
1921 _____
32-59
'OCongre.9eional Record, Daily Edition, June 18, 1980. p. ST324-S7386; and June 19, 1980. p.
573907403, 57508-57511. a ~ ~ \
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CLOTURE VOTES I-Continued
builan
D
C
Feb. 28, 1927._.._.
52-31
.
.
Prohibition Bureau
f~. 28, 1927._.__.
55-21
Banking Att
Jan. 19, 1933.._._.
58-30
Antia
ndiing
Jan. 27, 1938.____
31-51
y
nching
Mtid
Feb. 16, 1938.._...
42-46
yy
oU to
Anti-
Nov. 23, 1942.
37-41
p
o8 tax .
Anti~
May 15, 1944._..
36-44
p
Faa Empkymart Prattias Commission
Feh. 9, 1946
48-36
tlritish ~
May 7, 1946..
41-44
Mbar a
May 25.1946 ~
3-71
AntEpoO tax
Juy 31. 1946.
39-33
Fair Em
lo
mait
May 19, 1950..
52-31
0
y
ment
Fair Em
k
Juy 12. 1950.
55-33
p
ry
r Act
Atomic Ener
Juy 26, 1954...
44-42
?
hts Att
Civil Ri
March 10. 1960 __
42-53
g
Amend Ruk 22
Sept 19, 1961 __._
37-13
tats
Utex
May 9, 1962 ~
43-53
y
tats
liteac
May 14, 1962....._..
42-52
q
.
Comsat Att
Aua. 11, 1962.
63-27
.
Amend Ruk 22
ft0. 7. 1963_._....
54-42
Ri
hts Act
June 10, 1964.x.
71-29
g
legislative rea~Rwnmrrrt -
- Sept 10. 1964......._
30-63
Yating Rights Act
May 25, 1965_._.
10-30
ht-to~work repeal
Ri
Oct 11. 1965..
45-47
g
ht-to~wark tepal
Ri
FeD. 8. 1966+.
51-48
g
ht-to-work repeal
Ri
Fe0. 10, 1966_..._.
50-49
g
~ M
hb Att --
Sept 1/, 1966..._...
54-42
g
hts Aet
6vi Ri
Sept 19. 1966._.___
521
g
0~ dome Rub
Oct 10. 1966 -
41-31
Amend Rule 22
kn. 24, 1967_
53-46
~ Heusin
Feb. 20, 1968.._._..
55-37
~ trousin
Feb. 26. 1968......_..
56-36
~ Harsin
Maz. 1,1968_.....
59-35
~ Haain
Mar. 4, 1968.....
65-32
g
Fortas Nomination ~
.. Ott 1, 1968...-
45-43
Amend Rule 22
Jan. 16, 1969......_
51-41
Amend Rub 22
Jan. 28. 1969....._._.
50-42
Ekctonl ~~
Sept 17, 1970.........
54-36
t]ettoral ~~
Sept 29, 1970_..._.
53-34
~ transport
Ox 19, 1910...
43-38
ersonic transport
Su
Dec 22, 1970..._._
42-44
p
Ames Rub 22
Feb. 18, 1971 __-_.
48-31
Amdd Ruk 22
feb. 23, 1911..._._
50-36
Amend Rub 22
Mar. 2. 1971_._.._..
48-36
Arced Rule 22
Mar. 9. 1971.......
55-39
...._
1Ailita
Draft
_... June 22. 1911.._..._
65-21
.w....._.
ry
tockhecd loan
July 26, 1971_..
42-41
totkheed loan
Juy 28, 1911........_.
59-39
~~ ~
Juy 30, 1911......
53-37
Mar
theft
Sept 21. 1971_.......
61-30
y
uist nomination ~
Rehn
Dec 10. 1971._.._...
52-42
q
6Uwl lob Oppatunty
Feb. 1, 1972..._.
48-37
.
Equal Jab Opportunity
Feb. 3, 1972..._..._..
53-35
Equal Job Opportunity
Feb. 22, 1912..x..
J1-23
Soviet Arms Pact
S
U
Sept'14, 1912._._...
76-15
._.
.
.
~
Consumer p
Sept 29, 1972.._...
47-29
g
~~ Agevy
~ Oct 3, 1972........
55-32
~~ Agenny
Oct S, 1972 ..~...
52-30
.
Sthoat Big
Oct 10, 1972..._._.
45-31
Sdnool Big
Oct 11, 1912 ___-
49-39
~
uol Busin
S
^"
- -~-
Oct 12. 1972...x.
49-38
g
.
,
Yater Registration ~,
Apr. 30, 1973._._.
56-31
. Yl
i. ,:
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S--039916 0045(01)(22-NOV-84-10:37:19) F6602.DOC 04/19/84
CLOTURE VOTES 1-Continued
Votes Registntion May 3, 1913...._._.
60-34
Votes Registration May 9, 1973..____.
67-32
Public Campaign Fnarrr-RrxGS HEtD JULY 31, 1984 AxD Aucusr 2,1984 ax ~rHE Tr:nspoRwxx
Sic.-r CoasncrrrEa ro Srvnx ~rHE SExwa~ Consniirrss Sxsr~
July 31.1984
Senator Quayle.atressed two points in his opening statement. First, he wanted to
explore the question of committee and subcommittee proliferation and assignment
limitations. Second, he wanted to consider the question of streamlining the budget-
authori7ation-appropriations process in the interest of reducing the perceived redun-
danciea.
Senator Ford stressed that unless the present system of committee organization
and operation is clearly defective and unless a proposed change is quite clearly an
effective remedy for the problem. the Committee should not recommend a change to
the Rules Committee or to the Senate. He pointed out that if the Senate workload is
too great then corrective action must be directed at that problem, not at the organi-
zational system that is used to address the work. Merely renaming the organizations
through which the work is axomplished will result is no change.
alNATOR HOWARD BASBR
Senator Baker addressed seven points in his testimony. First, increasingly the im-
portant work of the Senate is done is committees rather thaw on the floor of the
Senate.
Second, the Senate hoe too big a workload because of the proliferation of bills,
amendments and issues is the committee system.
Third, the budget process imposes a 3-layer structuFe that allows issues to surface
again and again. There is a need to consolidate these functions or coordinate them
more efficiently. One possibility, which Senator Baker said he used to support but
no longer does. is that of eluninating the authorizing committees and assigning to a
super appropriations committee the separate responsibilities that are now per-
formed by the authorizing and appropriating committees. Another option is to give_
the appropriating authority to the individual authorizing committees and possibly
authorize and appropriate in the same Bill.
Fourth, Congress needs a dependable system for overseeing the intelligence oper-
ation ouch as a Joint Committee on Intelligence, with members appointed by the
leadership in both Houses on both sides. There should be a professional staff, not a
bipartisan staff Currently the staff of the Intelligence Committees is huge and the
committees are prone to leaks of sensitive information.
Fifth, Congress should hold more hearings away from Washington.
Sixth, Congress should sot be in session so long. There should be two sessions
each year instead of two per Congress. The first session would be an authorizing
session. and the second would be an appropriating session with approximately 60
days in between to hold field hearings mentioned above.
Seventh, the leaders are primarily administrators and do not have sufficient time
to discharge their legislative responsibilities. The leaders should not be members of
any committees, but rather should be ex officio members of all committees.
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Ia addition, Senator Baker agreed that the numbers of committees should be con-
solidated and assignment rules should be more rigidly enforced and that two--year
suthorirations and appropriations would be one way of simplifying the budget proc-
ess. He also suggested a two-year authorization cycle and an annual appropriations
cycle. He also pointed out that the authority of the Appropriations Committee is
less clearcut than ten years ago because of authorization-appropriations hybrids
such as the entitlement programs which effectively bypass the appropriations proc-
ess.
Senator Baker noted that Senator Johnston's proposal to make the Budget Com-
mittee asubcommittee or a joint committee of both Appropriations and Finance
members with the budget resolution approved by both the Appropriations Commit-
tee and the Finance Committee was a logical proposal, but added that he would in-
clude the Commerce Committee and the Environment and Public Works Committee
because of the impact of the budget resolution on those committees. He also suggest-
ed getting away from a budget resolution altogether and letting the committee
report to the leadership or the Senate as a whole on levels of spending.
t'ORMER BENA'rOR HENRY SELLMON
Senator Bellmore made the following points.
The Committee on Indian Affairs should not have been a permanent committee,
but should rather have been fused back into the Energy Committee.
Fiscal policy takes up so much of Congress' time because It 18 such a serious prob-
lem, not because of deficiencies in the organizational structure of the Senate.
There are too many claims on Senators' time. The schedule and the workload
should be better organized.
The budget cycle should be a biennial cycle. The appropriations process should
also be biennial. This would free up one session in every Congress to deal ezclusive-
ly with authorizations and oversight.
The Senate should be organized eo that each member has a position on one au-
thorizing committee and each member sits on either Budget, Appropriations or Fi-
nance, which would all be considered fiscal policy committees. Fuiance would have
to be counted as both an authorizing committee and a fiscal policy rnmmittee.
There needs to be greater emphasis on oversight in Congress, perhaps by creating
an oversight committee with across-the-board authority to examine all Federal pro-
grams over afive-year cycle with the assistance of GAO. (See AppendIZ for details is
of Senator Bellmon's proposal)
It is necessary to have a Budget Committee to recommend to the Senate appropri-
ate fiscal policy and set priorities. Appropriations should recommend specific fund-
ing levels within those priorities.
Part of the problem anth the budget process is the failure of the executive branch
to exerise appropriate leadership in expediting the process.
Under Senator Beilmon's proposal for committee reorganization the A, B, and C
designations would be irrelevant. During the appropriations cycle only Appmpria-
tioas, Budget and Finance would be operative. During the authorization cycle only
the authorizing committees would be operative. Each group of committees would
have 100 slots so that each senator would serve on one committee of each group.
Senator Wallop expressed his concern that with a biennial budget an incoming
president would have very little influence over the budget when he came into office.
Senator Bellmore said that there woud be a period of several months in which the
incoming president could make changes. He stressed that it was unlikely that a
president would want to redo an entire budget and that the president would have
sufficient time to make major changes. ~ that there
Senator Bellmore pointed out that one advantage of his proposal
would be no scheduling conflicts between Appropriations and the authorizing com-
mittees because each phase would be dealt with during different parts of the legisla-
tive session.
SENATOR DANIEL SVANB
Senator Evans made five points in his testimony. First, there is a need for effi-
ciency and effectiveness in scheduling the Senate work week. The Senate has grown
accustomed to a three-day work week. There should be athree-week cycle. The first
two weeks would be five?day work weeks and the third week the Senate would not
be in session at all so that the members would have an opportunity to spend quality
time back is their home communities. This would also allow for the holding of more
field hearings, as Senator Baker has suggested.
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The committee assignment and operation process is disappointing, frustrating, in-
effective and inefficient. There should be a total of 100 seats on the exclusive com-
mittees (Armed Services. Foreign Relations, Finance and APP~Priations) instead of
the current 85 seats so that each senator would have one seat on as exclusive com-
mittee. A futher option is to combine the rest of the A committees and the B com-
mittees so that they equal 100 slots. Then each member would be limited to 2 com-
mittees. In addition. with each class having certain tim~~to fineet.eTh would
scheduling meetings
reduce the meeting conflicts for members.
Third, there is a need to recreate meaningful debate on the Senate floor. This
could be done by scheduling debate on major issues at certain times. such as late
afternoon, and by not allowing committees to schedule meetings during that time.
Members should also vote from their seats in order when the roll is called and when
recognized by the roll call clerk.
Fourth. there is a need for a two-year budget process because it provides stability
and tends to control undue spending. One possibility for the two-year process is for
the fast year to include budget, authorizing and aPP~P~~g and ~ second year
to be devoted to oversight.
Fifth, the combination of large committee staffs and the penchant of members to
become deeply involved in various subject areas results is senators working on
policy on a level of detail that should be executive responsibility. Staff numbers as
well as committee numbers need to be pared down.
Senator Quayle suggested that senators be limited to membership in 11 units (a
unit being a committee or a subcommittee) as a way of enforcing the limitations on
committee membership. Senator Evans said that it would be a good mechanism be-
cause it would force each member to ?make a deliberate choice about his assign-
ments He would suggest a lower number of units, such as T or 8. In addition, proxy
voting in committees should be abolished so that senators would have to attend
meetings rn order to vote.
Senator Johnston agreed with the concept of a three-week work week cycle and
that here is a need to trim committee staff
ssrrwros nrwRa rrw~rgra
Although the committee system is often perceived as inefficient, it can be ex-
tremely effective in discharging its responsibilities. One should be careful about
tampering with complez institutions which operate in a complex envimnment. Be-
cause the Senate is a political institution, it should not necessarily be a smooth and
higlilY-0rganized mechanism. It serves a diverse constituency.
Congress tolerates inefficiency because there is a consensus to do so. For example,
the Senate allows the consideration of legislative riders on appropriations bills de-
spite the prohibiting rule. The process is the way it is because a majority of the
Senate wants it to be that way.
The same applies to the committee system. If senators have too many assign-
ments, it is because they have chosen to have them.
Authorizations should bemulti-year, leaving annual tinkering to the appropria-
tions process.
Rule 25, paragraph 4 of the Senate Rules, limiting assignments to 2 A committees,
should be enforced. This would reduce committee size, staff levels and expenditures
as well as speed the handling of legislation and sharpen the focus of senators' atten-
hO~' and su ested that if a member
Senator Quayle described his 11 units proposal gg
wanted to serve on a 12th unit he could not be counted as Part of a quorum. Senator
Hatfield stressed the Senate tradition of accommodation, that committee sizes would
continue to increase and members would continue to acquire waivers because the
Senate had a certain flexibility that allowed it to circumvent the rules.
The lack of order in the Beasts follows from the lack of order in most senators'
offices
Senator Quayle asked if it would be possible to deal with the defense authoriza-
tion and appropriations on the floor at the same time, as one bill. Senator Hatfield
responded that it was possible if a majority of the Senate agreed to do so, but point-
ed out that sometimes the appropriations bills were the only vehicle available to
members to force the consideration of controversial issues that the committees
avoided.
Senator Johnston asked Senator Hatfield's opinion of making the Budget Commit-
tee ajoint committee or subcommittee of Apropriations and Finance as suggested by
the Pearson-Ribicoff Study Group. Senator Hatfield responded 'that it should be
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