Standing Rules of the Senate
RULE XXVI
COMMITTEE PROCEDURE
1. Each standing committee, including any subcommittee of any
such committee, is authorized to hold such hearings, to sit and act at such
times and places during the sessions, recesses, and adjourned periods of the
Senate, to require by subpena or otherwise the attendance of such witnesses
and the production of such correspondence, books, papers, and documents, to
take such testimony and to make such expenditures out of the contingent fund
of the Senate as may be authorized by resolutions of the Senate. Each such committee
may make investigations into any matter within its jurisdiction, may report
such hearings as may be had by it, and may employ stenographic assistance at
a cost not exceeding the amount prescribed by the Committee on Rules and Administration.
The expenses of the committee shall be paid from the contingent fund of the
Senate upon vouchers approved by the chairman.
2. Each committee shall adopt rules (not inconsistent with the
Rules of the Senate) governing the procedure of such committee. The rules of
each committee shall be published in the Congressional Record not later than
March 1 of the first year of each Congress, except that if any such committee
is established on or after February 1 of a year, the rules of that committee
during the year of establishment shall be published in the Congressional Record
not later than sixty days after such establishment. Any amendment to the rules
of a committee shall not take effect until the amendment is published in the
Congressional Record.
3. Each standing committee (except the Committee on Appropriations)
shall fix regular weekly, biweekly, or monthly meeting days for the transaction
of business before the committee and additional meetings may be called by the
chairman as he may deem necessary. If at least three members of any such committee
desire that a special meeting of the committee be called by the chairman, those
members may file in the offices of the committee their written request to the
chairman for that special meeting. Immediately upon the filing of the request,
the clerk of the committee shall notify the chairman of the filing of the request.
If, within three calendar days after the filing of the request, the chairman
does not call the requested special meeting, to be held within seven calendar
days after the filing of the request, a majority of the members of the committee
may file in the offices of the committee their written notice that a special
meeting of the committee will be held, specifying the date and hour of that
special meeting. The committee shall meet on that date and hour. Immediately
upon the filing of the notice, the clerk of the committee shall notify all members
of the committee that such special meeting will be held and inform them of its
date and hour. If the chairman of any such committee is not present at any regular,
additional, or special meeting of the committee, the ranking member of the majority
party on the committee who is present shall preside at that meeting.
4. (a) Each committee (except the Committee on Appropriations
and the Committee on the Budget) shall make public announcement of the date,
place, and subject matter of any hearing to be conducted by the committee on
any measure or matter at least one week before the commencement of that hearing
unless the committee determines that there is good cause to begin such hearing
at an earlier date.
(b) Each committee (except the Committee on Appropriations) shall
require each witness who is to appear before the committee in any hearing to
file with the clerk of the committee, at least one day before the date of the
appearance of that witness, a written statement of his proposed testimony unless
the committee chairman and the ranking minority member determine that there
is good cause for noncompliance. If so requested by any committee, the staff
of the committee shall prepare for the use of the members of the committee before
each day of hearing before the committee a digest of the statements which have
been so filed by witnesses who are to appear before the committee on that day.
(c) After the conclusion of each day of hearing, if so requested
by any committee, the staff shall prepare for the use of the members of the
committee a summary of the testimony given before the committee on that day.
After approval by the chairman and the ranking minority member of the committee,
each such summary may be printed as a part of the committee hearings if such
hearings are ordered by the committee to be printed.
(d) Whenever any hearing is conducted by a committee (except the
Committee on Appropriations) upon any measure or matter, the minority on the
committee shall be entitled, upon request made by a majority of the minority
members to the chairman before the completion of such hearing, to call witnesses
selected by the minority to testify with respect to the measure or matter during
at least one day of hearing thereon.
5. (a) Notwithstanding any other provision of the rules, when
the Senate is in session, no committee of the Senate or any subcommittee thereof
may meet, without special leave, after the conclusion of the first two hours
after the meeting of the Senate commenced and in no case after two o'clock postmeridian
unless consent therefor has been obtained from the majority leader and the minority
leader (or in the event of the absence of either of such leaders, from his designee).
The prohibition contained in the preceding sentence shall not apply to the Committee
on Appropriations or the Committee on the Budget. The majority leader or his
designee shall announce to the Senate whenever consent has been given under
this subparagraph and shall state the time and place of such meeting. The right
to make such announcement of consent shall have the same priority as the filing
of a cloture motion.
(b) Each meeting of a committee, or any subcommittee thereof,
including meetings to conduct hearings, shall be open to the public, except
that a meeting or series of meetings by a committee or a subcommittee thereof
on the same subject for a period of no more than fourteen calendar days may
be closed to the public on a motion made and seconded to go into closed session
to discuss only whether the matters enumerated in clauses (1) through (6) would
require the meeting to be closed, followed immediately by a record vote in open
session by a majority of the members of the committee or subcommittee when it
is determined that the matters to be discussed or the testimony to be taken
at such meeting or meetings
(1) will disclose matters necessary to be kept secret in the interests
of national defense or the confidential conduct of the foreign relations of
the United States;
(2) will relate solely to matters of committee staff personnel
or internal staff management or procedure;
(3) will tend to charge an individual with crime or misconduct,
to disgrace or injure the professional standing of an individual, or otherwise
to expose an individual to public contempt or obloquy, or will represent a clearly
unwarranted invasion of the privacy of an individual;
(4) will disclose the identity of any informer or law enforcement
agent or will disclose any information relating to the investigation or prosecution
of a criminal offense that is required to be kept secret in the interests of
effective law enforcement;
(5) will disclose information relating to the trade secrets of
financial or commercial information pertaining specifically to a given person
if
(A) an Act of Congress requires the information to be kept confidential
by Government officers and employees; or
(B) the information has been obtained by the Government on a confidential
basis, other than through an application by such person for a specific Government
financial or other benefit, and is required to be kept secret in order to prevent
undue injury to the competitive position of such person; or
(6) may divulge matters required to be kept confidential under
other provisions of law or Government regulations.
(c) Whenever any hearing conducted by any such committee or subcommittee
is open to the public, that hearing may be broadcast by radio or television,
or both, under such rules as the committee or subcommittee may adopt.
(d) Whenever disorder arises during a committee meeting that is
open to the public, or any demonstration of approval or disapproval is indulged
in by any person in attendance at any such meeting, it shall be the duty of
the Chair to enforce order on his own initiative and without any point of order
being made by a Senator. When the Chair finds it necessary to maintain order,
he shall have the power to clear the room, and the committee may act in closed
session for so long as there is doubt of the assurance of order.
(e)(1) Each committee shall prepare and keep a complete transcript or electronic recording adequate to fully record the proceeding of each meeting or conference whether or not such meeting or any part thereof is closed under this paragraph, unless a majority of its members vote to forgo such a record.
(2)(A) Except with respect to meetings closed in accordance with this rule, each committee and subcommittee shall make publicly available through the Internet a video recording, audio recording, or transcript of any meeting not later than 21 business days after the meeting occurs.
(B) Information required by subclause (A) shall be available until the end of the Congress following the date of the meeting.
(C) The Committee on Rules and Administration may waive this clause upon request based on the inability of a committee or subcommittee to comply with this clause due to technical or logistical reasons.
6. Morning meetings of committees and subcommittees thereof shall
be scheduled for one or both of the periods prescribed in this paragraph. The
first period shall end at eleven o'clock antemeridian. The second period shall
begin at eleven o'clock antemeridian and end at two o'clock postmeridian.
7. (a)(1) Except as provided in this paragraph, each committee,
and each subcommittee thereof is authorized to fix the number of its members
(but not less than one-third of its entire membership) who shall constitute
a quorum thereof for the transaction of such business as may be considered by
said committee, except that no measure or matter or recommendation shall be
reported from any committee unless a majority of the committee were physically
present.
(2) Each such committee, or subcommittee, is authorized to fix
a lesser number than one-third of its entire membership who shall constitute
a quorum thereof for the purpose of taking sworn testimony.
(3) The vote of any committee to report a measure or matter shall
require the concurrence of a majority of the members of the committee who are
present. No vote of any member of any committee to report a measure or matter
may be cast by proxy if rules adopted by such committee forbid the casting of
votes for that purpose by proxy; however, proxies may not be voted when the
absent committee member has not been informed of the matter on which he is being
recorded and has not affirmatively requested that he be so recorded. Action
by any committee in reporting any measure or matter in accordance with the requirements
of this subparagraph shall constitute the ratification by the committee of all
action theretofore taken by the committee with respect to that measure or matter,
including votes taken upon the measure or matter or any amendment thereto, and
no point of order shall lie with respect to that measure or matter on the ground
that such previous action with respect thereto by such committee was not taken
in compliance with such requirements.
(b) Each committee (except the Committee on Appropriations) shall
keep a complete record of all committee action. Such record shall include a
record of the votes on any question on which a record vote is demanded. The
results of rollcall votes taken in any meeting of any committee upon any measure,
or any amendment thereto, shall be announced in the committee report on that
measure unless previously announced by the committee, and such announcement
shall include a tabulation of the votes cast in favor of and the votes cast
in opposition to each such measure and amendment by each member of the committee
who was present at that meeting.
(c) Whenever any committee by rollcall vote reports any measure
or matter, the report of the committee upon such measure or matter shall include
a tabulation of the votes cast by each member of the committee in favor of and
in opposition to such measure or matter. Nothing contained in this subparagraph
shall abrogate the power of any committee to adopt rulesþ (2) providing
in accordance with subparagraph (a) for a lesser number as a quorum for any
action other than the reporting of a measure or matter.
8. (a) In order to assist the Senate in --
(1) its analysis, appraisal, and evaluation of the application,
administration, and execution of the laws enacted by the Congress, and
(2) its formulation, consideration, and enactment of such modifications
of or changes in those laws, and of such additional legislation, as may be necessary
or appropriate, each standing committee (except the Committees on Appropriations
and the Budget), shall review and study, on a continuing basis the application,
administration, and execution of those laws, or parts of laws, the subject matter
of which is within the legislative jurisdiction of that committee. Such committees
may carry out the required analysis, appraisal, and evaluation themselves, or
by contract, or may require a Government agency to do so and furnish a report
thereon to the Senate. Such committees may rely on such techniques as pilot
testing, analysis of costs in comparison with benefits, or provision for evaluation
after a defined period of time.
(b) In each odd-numbered year, each such committee shall submit,
not later than March 31, to the Senate, a report on the activities of that committee
under this paragraph during the Congress ending at noon on January 3 of such
year.
9. (a) Except as provided in subparagraph (b), each committee
shall report one authorization resolution each year authorizing the committee
to make expenditures out of the contingent fund of the Senate to defray its
expenses, including the compensation of members of its staff and agency contributions
related to such compensation, during the period beginning on March 1 of such
year and ending on the last day of February of the following year. Such annual
authorization resolution shall be reported not later than January 31 of each
year, except that, whenever the designation of members of standing committees
of the Senate occurs during the first session of a Congress at a date later
than January 20, such resolution may be reported at any time within thirty days
after the date on which the designation of such members is completed. After
the annual authorization resolution of a committee for a year has been agreed
to, such committee may procure authorization to make additional expenditures
out of the contingent fund of the Senate during that year only by reporting
a supplemental authorization resolution. Each supplemental authorization resolution
reportedby a committee shall amend the annual authorization resolution of such
committee for that year and shall be accompanied by a report specifying with
particularity the purpose for which such authorization is sought and the reason
why such authorization could not have been sought at the time of the submission
by such committee of its annual authorization resolution for that year.
(b) In lieu of the procedure provided in subparagraph (a), the
Committee on Rules and Administration may
(1) direct each committee to report an authorization resolution
for a twoyear budget period beginning on March 1 of the first session of a Congress;
and
(2) report one authorization resolution containing more than one
committee authorization resolution for a oneyear or twoyear budget period.
10. (a) All committee hearings, records, data, charts, and files
shall be kept separate and distinct from the congressional office records of
the Member serving as chairman of the committee; and such records shall be the
property of the Senate and all members of the committee and the Senate shall
have access to such records. Each committee is authorized to have printed and
bound such testimony and other data presented at hearings held by the committee.
(b) It shall be the duty of the chairman of each committee to
report or cause to be reported promptly to the Senate any measure approved by
his committee and to take or cause to be taken necessary steps to bring the
matter to a vote. In any event, the report of any committee upon a measure which
has been approved by the committee shall be filed within seven calendar days
(exclusive of days on which the Senate is not in session) after the day on which
there has been filed with the clerk of the committee a written and signed request
of a majority of the committee for the reporting of that measure. Upon the filing
of any such request, the clerk of the committee shall transmit immediately to
the chairman of the committee notice of the filing of that request. This subparagraph
does not apply to the Committee on Appropriations.
(c) If at the time of approval of a measure or matter by any committee
(except for the Committee on Appropriations), any member of the committee gives
notice of intention to file supplemental, minority, or additional views, that
member shall be entitled to not less than three calendar days in which to file
such views, in writing, with the clerk of the committee. All such views so filed
by one or more members of the committee shall be included within, and shall
be a part of, the report filed by the committee with respect to that measure
or matter. The report of the committee upon that measure or matter shall be
printed in a single volume which
(1) shall include all supplemental, minority, or additional views
which have been submitted by the time of the filing of the report, and
(2) shall bear upon its cover a recital that supplemental, minority,
or additional views are included as part of the report.
This subparagraph does not preclude
(A) the immediate filing and printing of a committee report unless
timely request for the opportunity to file supplemental, minority, or additional
views has been made as provided by this subparagraph; or
(B) the filing by any such committee of any supplemental report
upon any measure or matter which may be required for the correction of any technical
error in a previous report made by that committee upon that measure or matter.
11. (a) The report accompanying each bill or joint resolution
of a public character reported by any committee (except the Committee on Appropriations
and the Committee on the Budget) shall contain
(1) an estimate, made by such committee, of the costs which would
be incurred in carrying out such bill or joint resolution in the fiscal year
in which it is reported and in each of the five fiscal years following such
fiscal year (or for the authorized duration of any program authorized by such
bill or joint resolution, if less than five years), except that, in the case
of measures affecting the revenues, such reports shall require only an estimate
of the gain or loss in revenues for a oneyear period; and
(2) a comparison of the estimate of costs described in subparagraph
(1) made by such committee with any estimate of costs made by any Federal agency;
or
(3) in lieu of such estimate or comparison, or both, a statement
of the reasons why compliance by the committee with the requirements of subparagraph
(1) or (2), or both, is impracticable.
(b) Each such report (except those by the Committee on Appropriations)
shall also contain
(1) an evaluation, made by such committee, of the regulatory impact
which would be incurred in carrying out the bill or joint resolution. The evaluation
shall include (A) an estimate of the numbers of individuals and businesses who
would be regulated and a determination of the groups and classes of such individuals
and businesses, (B) a determination of the economic impact of such regulation
on the individuals, consumers, and businesses affected, (C) a determination
of the impact on the personal privacy of the individuals affected, and (D) a
determination of the amount of additional paperwork that will result from the
regulations to be promulgated pursuant to the bill or joint resolution, which
determination may include, but need not be limited to, estimates of the amount
of time and financial costs required of affected parties, showing whether the
effects of the bill or joint resolution could be substantial, as well as reasonable
estimates of the recordkeeping requirements that may be associated with the
bill or joint resolution; or
(2) in lieu of such evaluation, a statement of the reasons why
compliance by the committee with the requirements of clause (1) is impracticable.
(c) It shall not be in order for the Senate to consider any such
bill or joint resolution if the report of the committee on such bill or joint
resolution does not comply with the provisions of subparagraphs (a) and (b)
on the objection of any Senator.
12. Whenever a committee reports a bill or a joint resolution
repealing or amending any statute or part thereof it shall make a report thereon
and shall include in such report or in an accompanying document (to be prepared
by the staff of such committee) (a) the text of the statute or part thereof
which is proposed to be repealed; and (b) a comparative print of that part of
the bill or joint resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by strickenthrough type and italics,
parallel columns, or other appropriate typographical devices the omissions and
insertions which would be made by the bill or joint resolution if enacted in
the form recommended by the committee. This paragraph shall not apply to any
such report in which it is stated that, in the opinion of the committee, it
is necessary to dispense with the requirements of this subsection to expedite
the business of the Senate.
13.(a) Each committee (except the Committee on Appropriations)
which has legislative jurisdiction shall, in its consideration of all bills
and joint resolutions of a public character within its jurisdiction, endeavor
to insure that
(1) all continuing programs of the Federal Government and of the
government of the District of Columbia, within the jurisdiction of such committee
or joint committee, are designed; and
(2) all continuing activities of Federal agencies, within the
jurisdiction of such committee or joint committee, are carried on; so that,
to the extent consistent with the nature, requirements, and objectives of those
programs and activities, appropriations therefor will be made annually.
(b) Each committee (except the Committee on Appropriations) shall
with respect to any continuing program within its jurisdiction for which appropriations
are not made annually, review such program, from time to time, in order to ascertain
whether such program could be modified so that appropriations therefore would
be made annually.
|