[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[Standing Rules of the Senate]
[Pages 41-51]
[From the U.S. Government Publishing Office, www.gpo.gov]
26 RULE XXVI
COMMITTEE PROCEDURE
26.1 1.\26\ 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 subpoena 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.\27\ The expenses of the committee
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman.
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\26\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
\27\Pursuant to 2 U.S.C. 68c (See Senate Manual Sec.
436), 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.\28\ Each committee\29\ 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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\28\As amended, S. Res. 250, 101-2, Mar. 1, 1990.
\29\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
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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.
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
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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,
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;
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(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 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.
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26.5e (e)(1)\30\ 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.
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\30\Subparagraph (e)(1) numbered pursuant to Pub. L.
110-81, Sep. 14, 2007.
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(2)(A)\31\ Except with respect to meetings closed in
accordance with this rule, each committee and subcommittee
shall make publicly available through the Internet a video
recording, audio recording, or transcript of any meeting not
later than 21 business days after the meeting occurs.
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\31\ Clause (2) added pursuant to Pub. L. 110-81, Sep.
14, 2007, and takes effect Dec. 13, 2007.
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(B) Information required by subclause (A) shall be
available until the end of the Congress following the date
of the meeting.
(C) The Committee on Rules and Administration may waive
this clause upon request based on the inability of a
committee or subcommittee to comply with this clause due to
technical or logistical reasons.
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
membership 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
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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.
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
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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.\32\ (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 authorization 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
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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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\32\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 (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 Appropriations),
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
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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
(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. 733.
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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
report 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
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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.