[Congressional Record Volume 155, Number 34 (Thursday, February 26, 2009)]
[Senate]
[Pages S2550-S2551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             COMMITTEE ON THE JUDICIARY, RULES OF PROCEDURE

  Mr. LEAHY. Mr. President, the Committee on the Judiciary has adopted 
rules governing its procedures for the 111th Congress. Pursuant to rule 
XXVI, paragraph 2, of the Standing Rules for the Senate, I ask 
unanimous consent that a copy of the committee rules be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Rules--United States Senate Committee on the Judiciary


                      I. MEETINGS OF THE COMMITTEE

       1. Meetings of the Committee may be called by the Chairman 
     as he may deem necessary on three days' notice of the date, 
     time, place and subject matter of the meeting, or in the 
     alternative with the consent of the Ranking Minority Member, 
     or pursuant to the provision of the Standing Rules of the 
     Senate, as amended.
       2. Unless a different date and time are set by the Chairman 
     pursuant to (1) of this section, Committee meetings shall be 
     held beginning at 10:00 a.m. on Thursdays the Senate is in 
     session, which shall be the regular meeting day for the 
     transaction of business.
       3. At the request of any member, or by action of the 
     Chairman, a bill, matter, or nomination on the agenda of the 
     Committee may be held over until the next meeting of the 
     Committee or for one week, whichever occurs later.


                     II. HEARINGS OF THE COMMITTEE

       1. The Committee shall provide a public announcement of the 
     date, time, place and subject matter of any hearing to be 
     conducted by the Committee or any Subcommittee at least seven 
     calendar days prior to the commencement of that hearing, 
     unless the Chairman with the consent of the Ranking Minority 
     Member determines that good cause exists to begin such 
     hearing at an earlier date. Witnesses shall provide a written 
     statement of their testimony and curriculum vitae to the 
     Committee at least 24 hours preceding the hearings in as many 
     copies as the Chairman of the Committee or Subcommittee 
     prescribes.
       2. In the event 14 calendar days' notice of a hearing has 
     been made, witnesses appearing before the Committee, 
     including any witness representing a Government agency, must 
     file with the Committee at least 48 hours preceding 
     appearance written statements of their testimony and 
     curriculum vitae in as many copies as the Chairman of the 
     Committee or Subcommittee prescribes.
       3. In the event a witness fails timely to file the written 
     statement in accordance with this rule, the Chairman may 
     permit the witness to testify, or deny the witness the 
     privilege of testifying before the Committee, or permit the 
     witness to testify in response to questions from Senators 
     without the benefit of giving an opening statement.


                              III. QUORUMS

       1. Six Members of the Committee, actually present, shall 
     constitute a quorum for the purpose of discussing business. 
     Eight Members of the Committee, including at least two 
     Members of the minority, shall constitute a quorum for the 
     purpose of transacting business. No bill, matter, or 
     nomination shall be ordered reported from the Committee, 
     however, unless a majority of the Committee is actually 
     present at the time such action is taken and a majority of 
     those present support the action taken.
       2. For the purpose of taking down sworn testimony, a quorum 
     of the Committee and each Subcommittee thereof, now or 
     hereafter appointed, shall consist of one Senator.


                    IV. BRINGING A MATTER TO A VOTE

       The Chairman shall entertain a non-debatable motion to 
     bring a matter before the Committee to a vote. If there is 
     objection to bring the matter to a vote without further 
     debate, a roll call vote of the Committee shall be taken, and 
     debate shall be terminated if the motion to bring the matter 
     to a vote without further debate passes with ten votes in the 
     affirmative, one of which must be cast by the minority.


                             V. AMENDMENTS

       1. Provided at least seven calendars days' notice of the 
     agenda is given, and the text of the proposed bill or 
     resolution has been made available at least seven calendar 
     days in advance, it shall not be in order for the Committee 
     to consider any amendment in the

[[Page S2551]]

     first degree proposed to any measure under consideration by 
     the Committee unless such amendment has been delivered to the 
     office of the Committee and circulated via e-mail to each of 
     the offices by at least 5:00 p.m. the day prior to the 
     scheduled start of the meeting.
       2. It shall be in order, without prior notice, for a Member 
     to offer a motion to strike a single section of any bill, 
     resolution, or amendment under consideration.
       3. The time limit imposed on the filing of amendments shall 
     apply to no more than three bill identified by the Chairman 
     and included on the Committee's legislative agenda.
       4. This section of the rule may be waived by agreement of 
     the Chairman and the Ranking Minority Member.


                            VI. PROXY VOTING

       When a recorded vote is taken in the Committee on any bill, 
     resolution, amendment, or any other question, a quorum being 
     present, Members who are unable to attend the meeting may 
     submit votes by proxy, in writing or by telephone, or through 
     personal instructions. A proxy must be specific with respect 
     to the matters it addresses.


                           VII. SUBCOMMITTEES

       1. Any Member of the Committee may sit with any 
     Subcommittee during its hearings or any other meeting, but 
     shall not have the authority to vote on any matter before the 
     Subcommittee unless a Member of such Subcommittee.
       2. Subcommittees shall be considered de novo whenever there 
     is a change in the Subcommittee chairmanship and seniority on 
     the particular Subcommittee shall not necessarily apply.
       3. Except for matters retained at the full Committee, 
     matters shall be referred to the appropriate Subcommittee or 
     Subcommittees by the Chairman, except as agreed by a majority 
     vote of the Committee or by the agreement of the Chairman and 
     the Ranking Minority Member.
       4. Provided all members of the Subcommittee consent, a bill 
     or other matter may be polled out of the Subcommittee. In 
     order to be polled out of a Subcommittee, a majority of the 
     members of the Subcommittee who vote must vote in favor of 
     reporting the bill or matter to the Committee.


                         VIII. ATTENDANCE RULES

       1. Official attendance at all Committee business meetings 
     of the Committee shall be kept by the Committee Clerk. 
     Official attendance at all Subcommittee business meetings 
     shall be kept by the Subcommittee Clerk.
       2. Official attendance at all hearings shall be kept, 
     provided that Senators are notified by the Committee Chairman 
     and Ranking Minority Member, in the case of Committee 
     hearings, and by the Subcommittee Chairman and Ranking 
     Minority Member, in the case of Subcommittee Hearings, 48 
     hours in advance of the hearing that attendance will be 
     taken; otherwise, no attendance will be taken. Attendance at 
     all hearings is encouraged.

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