    [United States Senate Manual, 107th Congress]
    [S. Doc. 107-1]
    [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      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

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                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. 382), 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      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      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      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      (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      (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      (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      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,

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                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      (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      (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      (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      (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      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      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      (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      (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      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      (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      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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                    (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      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      (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      (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      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. 672.
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        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      (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      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      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      (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.