[United States Senate Manual, 106th Congress]
[S. Doc. 106-1]
[Standing Rules of the Senate]
[Pages 39-49]
[From the U.S. Government Publishing Office, www.gpo.gov]


        26                            RULE XXVI

                                 COMMITTEE PROCEDURE

      26.1
      26.1      1.\17\ 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.\18\ The ex

[[Page 40]]

            penses of the committee shall be paid from the contingent 
            fund of the Senate upon vouchers approved by the chairman.
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                \17\As amended, S. Res. 281, 96-2, Mar. 11, 1980, 
            effective Feb. 28, 1981.
                \18\Pursuant to 2 U.S.C. 68c (See Senate Manual 
            Sec. 273), the Committee on Rules and Administration issues 
            ``Regulations Governing Rates Payable to Commercial 
            Reporting Firms for Reporting Committee Hearings in the 
            Senate.'' Copies of the regulations currently in effect may 
            be obtained from the Committee.
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      26.2
      26.2      2.\19\ Each committee\20\ 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.
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                \19\ As amended, S. Res. 250, 101-2, Mar. 1, 1990.
                \20\The term ``each committee'' when used in these rules 
            includes standing, select, and special committees unless 
            otherwise specified.
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      26.3
      26.3      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.

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     26.4a
     26.4a      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.
     26.4b
     26.4b      (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.
     26.4c
     26.4c      (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.
     26.4d
     26.4d      (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.
     26.5a
     26.5a      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,

[[Page 42]]

            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.
     26.5b
     26.5b      (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

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                            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.

     26.5c
     26.5c      (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.
     26.5d
     26.5d      (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.
     26.5e
     26.5e      (e) 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.
      26.6
      26.6      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.
     26.7a
     26.7a      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 member

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            ship 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.
     26.7b
     26.7b      (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.
     26.7c
     26.7c      (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 rules--
                        (1) providing for proxy voting on all matters 
                    other than the reporting of a measure or matter, or
                        (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.

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     26.8a
     26.8a      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.

     26.8b
     26.8b      (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.
     26.9a
     26.9a      9.\21\ (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 authoriza

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            tion 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 reported by 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.
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                \21\As amended, S. Res. 281, 96-2, Mar. 11, 1980, 
            effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
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     26.9b
     26.9b      (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 two year 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 for 
                    a one year or two year budget period.

    26.10a
    26.10a      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.
    26.10b
    26.10b      (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.
    26.10c
    26.10c      (c) If at the time of approval of a measure or matter by 
            any committee (except for the Committee on Appropria

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            tions), 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.

    26.11a
    26.11a      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 one-
                    year 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

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                        (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.
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                Note.--Each report accompanying any bill or joint 
            resolution relating to terms and conditions of employment or 
            access to public services or accommodations reported by a 
            committee of the House of Representatives or the Senate 
            shall describe the manner in which the provisions of the 
            bill or joint resolution apply to the legislative branch; or 
            in the case of a provision not applicable to the legislative 
            branch, include a statement of the reasons the provision 
            does not apply. 
            (Pub. L. 104-1, title I, Sec. 102, Jan. 23, 1995, 109 Stat. 
            5.) See Senate Manual Sec. 399.70-2.
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    26.11b
    26.11b      (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.

    26.11c
    26.11c      (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.
     26.12
     26.12      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 re

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            port 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 stricken-through 
            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.
    26.13a
    26.13a      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.

    26.13b
    26.13b      (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 therefor would be made annually.

        27