[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[Senate]
[Pages 16090-16091]
[From the U.S. Government Publishing Office, www.gpo.gov]




             RULES OF THE SENATE COMMITTEE ON THE JUDICIARY

  Mr. SPECTER. Mr. President, I ask unanimous consent that the 
Committee Rules approved by the Senate Committee on the Judiciary be 
included in the Record for today, July 14, 2005.

             Rules of the 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 otherwise called pursuant to (1) of this section, 
     Committee meetings shall take place promptly at 9:30 AM each 
     Thursday the Senate is in session.
       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

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     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 hearing testimony 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, any witness appearing before the Committee, 
     including any witness representing a Government agency, must 
     file with the Committee at least 48 hours preceding her 
     appearance a written statement of her testimony and 
     curriculum vitae in as many copies as the Chairman of the 
     Committee or Subcommittee prescribes. In the event the 
     witness fails to file a 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. One-third of the membership 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, must be 
     present to transact 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 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

       1. 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 calendar 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 PM 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 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

       1. When a recorded vote is taken in the Committee on any 
     bill, resolution, amendment, or any other question, a quorum 
     being present, a Member who is unable to attend the meeting 
     may submit her vote by proxy, in writing or by telephone, or 
     through personal instructions. A proxy must be specific with 
     respect to the matters it addresses and may not be counted 
     either in reporting a matter, bill, or nomination to the 
     floor, or in preventing any of the same from being reported 
     to the floor.


                           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 she is 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 markups and 
     executive sessions of the Committee shall be kept by the 
     Committee Clerk. Official attendance at all Subcommittee 
     markups and executive sessions 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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