[Congressional Record Volume 169, Number 38 (Tuesday, February 28, 2023)]
[Senate]
[Pages S517-S518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SENATE COMMITTEE ON THE JUDICIARY RULES OF PROCEDURE

  Mr. DURBIN. Mr. President, I ask unanimous consent to have the 
enclosed rules of procedure for the Committee on the Judiciary for the 
118th Congress printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Rules of Procedure United States Senate Committee on the Judiciary


                      I. MEETINGS OF THE COMMITTEE

       1. Meetings of the Committee may be called by the Chair as 
     he or she may deem necessary on at least three calendar 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 Chair 
     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 Chair, 
     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 Chair 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 Chair 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 Chair 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 Chair 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. Seven Members of the Committee, actually present, shall 
     constitute a quorum for the purpose of discussing business. 
     Nine 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 Chair 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 eleven 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 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 bills identified by the Chair and 
     included on the Committee's legislative agenda.
       4. This section of the rule may be waived by agreement of 
     the Chair 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

[[Page S518]]

     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 chair 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 Chair, except as agreed by a majority 
     vote of the Committee or by the agreement of the Chair 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 Chair 
     and Ranking Minority Member, in the case of Committee 
     hearings, and by the Subcommittee Chair 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.


                             IX. SUBPOENAS

       The Chair of the Committee, with the agreement of the 
     Ranking Member or by a vote of the Committee, may subpoena 
     the attendance of a witness at a Committee or Subcommittee 
     hearing or Committee deposition, or the production of 
     memoranda, documents, records, or any other materials. Any 
     such subpoena shall be issued upon the signature of the Chair 
     or any other Member of the Committee designated by the Chair.


                             X. DEPOSITIONS

       1. Any subpoena issued for a deposition that is to be 
     conducted by staff shall be accompanied by a notice of 
     deposition identifying the Majority staff officers designated 
     by the Chair and the Minority staff officers designated by 
     the Ranking Member to take the deposition. The Majority and 
     Minority shall be afforded the opportunity to participate on 
     equal terms for any deposition.
       2. Unless waived by agreement of the Chair and Ranking 
     Member, any deposition shall have at least one Member present 
     for the duration of the deposition. All Members shall be 
     notified of the date, time, and location of any deposition.
       3. Any Member of the Committee may attend and participate 
     in the taking of any deposition.
       4. A witness at a deposition shall be examined upon oath 
     administered by an individual authorized by law to administer 
     oaths, or administered by any Member of the Committee if one 
     is present.
       5. Unless otherwise specified, the deposition shall be in 
     private.

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