Order Code 98-311 GOV
Report for Congress
Received through the CRS Web
Senate Rules Affecting Committees
Updated February 28, 2003
Stanley Bach
Senior Specialist in the Legislative Process
Government and Finance Division
Betsy Palmer
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

---

Senate Rules Affecting Committees
Summary
The Senate imposes some general procedural requirements and prohibitions on
its committees, but, in general, the Senate’s rules allow each of its standing
committees to decide how to conduct its legislative business. Most of the chamber’s
requirements for committees are found in Senate Rule XXVI. Because the
committees are the agents of the Senate, they are obligated to comply with all Senate
directives that apply to them.
This report identifies and summarizes the provisions of the Senate’s standing
rules, standing orders, precedents and other directives that relate to legislative activity
in the Senate’s standing committees. The report covers four main issues: committee
organization, committee meetings, hearings, and reporting. The coverage of this
report is limited to requirements and prohibitions that are of direct and general
applicability to most or all Senate committees, as they consider most legislative
matters.
The report does not cover any special provisions contained in Senate resolutions
concerning the Select Committees on Ethics and Intelligence, or the Special
Committee on Aging. Similarly, it does not encompass other provisions of law or the
Senate’s rules or standing orders that apply (1) only to one committee, such as the
provisions of Rule XVI governing appropriations measures and the provisions of the
Congressional Budget and Impoundment Control Act governing budget resolutions
and reconciliation and rescission measures; or (2) only to certain limited classes of
measures, such as provisions of the Congressional Accountability Act and the
Federal Advisory Committee Act.

---

Contents
Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

---

Senate Rules Affecting Committees1
The Senate imposes some general procedural requirements and prohibitions on
its committees, but, in general, the Senate’s rules allow each of its standing
committees to decide how to conduct its legislative business. Most of the chamber’s
requirements for committees are found in Senate Rule XXVI. Because the
committees are the agents of the Senate, they are obligated to comply with all Senate
directives that apply to them.
This report identifies and summarizes the provisions of the Senate’s standing
rules, standing orders, precedents and other directives that relate to legislative activity
in the Senate’s standing committees. The report covers four main issues: committee
organization, committee meetings, hearings, and reporting. The coverage of this
report is limited to requirements and prohibitions that are of direct and general
applicability to most or all Senate committees, as they consider most legislative
matters.
The report does not cover any special provisions contained in Senate resolutions
concerning the Select Committees on Ethics and Intelligence, or the Special
Committee on Aging. Similarly, it does not encompass other provisions of law or the
Senate’s rules or standing orders that apply (1) only to one committee, such as the
provisions of Rule XVI governing appropriations measures and the provisions of the
Congressional Budget and Impoundment Control Act governing budget resolutions
and reconciliation and rescission measures; or (2) only to certain limited classes of
measures, such as provisions of the Congressional Accountability Act and the
Federal Advisory Committee Act.
This report may not capture every nuance and detail of the rules themselves.
For that purpose, the text of the appropriate rule or other document should be
consulted.
Organization
Adoption of committee rules; Rule XXVI, paragraph 2
Each committee is required to adopt written rules to govern its proceedings.
Committee rules must not be inconsistent with the rules of the Senate, but the
Standing Rules do not elaborate on what this means in practice.
1This report was written by Stanley Bach, formerly a Senior Specialist in the
Legislative Process at CRS. Dr. Bach has retired, but the other listed author updated
the report and is available to answer questions concerning its contents.

---

CRS-2
Publication of committee rules; Rule XXVI, paragraph 2
The rules adopted by each committee are to be published in the Congressional
Record by March 1 at the beginning of each Congress. If the Senate should create a
committee on or after February 1, the committee must adopt its rules and publish
them in the Record within 60 days.
If a committee later adopts an amendment to its rules, that amendment only
becomes effective when it is published in the Record as well.
Committee records; Rule XXVI, paragraph 7(b)
Each committee, except for the Appropriations Committee is to keep a record
of its actions, including rollcall votes taken.
Meetings
Authority to meet; Rule XXVI, paragraph 1
A standing committee and its subcommittees are authorized to meet and to hold
hearings when the Senate is in session and when it has recessed or adjourned. But
committees do not have unlimited authority to meet when the Senate also is meeting.
Meetings during Senate sessions; Rule XXVI, paragraph 5(a)
A committee may not meet on any day (1) after the Senate has been in session
for 2 hours, or (2) after 2:00 p.m. when the Senate is in session.
This prohibition does not apply to the Appropriations and Budget Committees,
and it is routinely waived for other committees by unanimous consent. It also may
be waived by a joint agreement of the Majority and Minority Leaders or their
designees. In every instance in which the prohibition is waived, the Majority Leader
or designee is to announce on the floor the time and place of the meeting.
If agreement between the Majority and Minority leader cannot be reached, the
rules also provide that the Senate can vote to allow a committee to meet while the
Senate is in session. It is a rarely used tool. “[l]eave to sit ... may be granted by a
majority vote. A motion that a committee be permitted to sit on a said date is
debatable and privileged.” (Riddick’s Senate Procedure, p. 407.)
Regular meeting day; Rule XXVI, paragraph 3
Each committee must designate a regular day on which to meet weekly,
biweekly or monthly. This requirement does not apply to the Appropriations
Committee In practice, committees do not always convene on the specified meeting
date. Many committees meet at more frequent intervals than specified in their rules.

---

CRS-3
Additional committee meetings; Rule XXVI, paragraph 3
The chairman of a committee may call additional meetings at his or her
discretion.
In addition, three members of a committee can make a written request to the
chairman to call a special meeting. The chairman then has 3 calendar days in which
to schedule the meeting, which is to take place within the next 7 calendar days. If the
chairman fails to do so, a majority of the committee members can file a written
motion to hold the meeting at a certain date and hour. This is a rarely used device.
However, the expectation that Senators are prepared to invoke it may encourage
committee chairmen to schedule meetings sought by other committee members.
Scheduling meetings; Standing Orders of the Senate; Section 401 of S.Res. 4,
95th Congress
When a committee or subcommittee schedules or cancels a meeting, it is to
provide that information, including the time, place, and purpose of the meeting, for
inclusion in the Senate’s computerized schedule information system. (See Public
Announcement, below.)
Open meetings; Rule XXVI, paragraph 5(b)
In general, committee and subcommittee meetings, including hearings, are open
to the public.
The committee is authorized to vote to close the meeting if it (1) involves
national security information, (2) concerns committee personnel, management or
procedure, (3) could invade personal privacy or damage someone’s reputation or
professional standing, (4) could reveal identities or damage operations relating to law
enforcement activities, (5) could disclose certain kinds of confidential financial or
commercial information, or (6) could divulge information that some law or regulation
requires to be kept confidential.
When a committee member believes that a meeting should be closed to the
public, the committee can vote on his or her motion, if seconded, that it go into
closed session only for the purpose of determining whether the subject of the meeting
or the testimony at the hearing fall into any of six categories. If so, the committee
then can decide by rollcall vote in open session to close the remainder of the meeting.
The same procedures and criteria apply to a subcommittee meeting and a series
of committee or subcommittee meetings on the same subject that may extend over
no more than 14 calendar days.
Presiding at committee meetings; Rule XXVI, paragraph 3
In the absence of the chairman at any committee meeting, the next ranking
member of the majority party shall preside.

---

CRS-4
Quorum at meeting; Rule XXVI, paragraph 7(a)(1)
A committee or subcommittee may set its own quorum requirement for
transacting business at meetings, so long as the quorum is not less than one-third of
the membership. (A committee can set a lesser quorum requirement for hearings, but
a majority must be physically present to order something reported; see Quorum at
hearing and Quorum for reporting, below. Also, proxies cannot be used to constitute
a quorum; see Proxy voting, below.)
Maintaining order; Rule XXVI, paragraph 5(d)
The chairman is responsible for maintaining order at committee meetings, and
may close a meeting for that purpose until order is restored.
Proxy voting; Rule XXVI, paragraphs 7(a)(3) and 7(c)(1)
A committee may adopt rules permitting proxy voting (see Proxy votes on
reporting, below).
However, a committee may not permit a proxy vote to be cast unless the absent
Senator has been notified about the question to be decided and has requested that his
or her vote be cast by proxy.
“The use of proxies is not in order for the purpose of constituting a quorum.”
(Riddick’s Senate Procedure, p. 1192.)
Records of committee meetings; Rule XXVI, paragraph 5(e)
Each committee shall maintain a transcript or recording of each committee
meeting, whether it is open or closed to the public. This requirement can be waived
by majority vote.
Hearings
Authority to hold hearings; see Authority to meet, above.
Investigative authority; Rule XXVI, paragraph 1
Each standing committee and its subcommittees is empowered to investigate
matters within its jurisdiction.
Subpoena power; Rule XXVI, paragraph 1
Each standing committee and its subcommittees is empowered to issue
subpoenas for persons and papers.

---

CRS-5
Public announcement; Rule XXVI, paragraph 4(a)
A committee is to announce the date, place, and subject of each hearing at least
one week in advance, though any committee may waive this requirement for “good
cause.” (See Scheduling Meetings, above.)
This requirement does not apply to the Appropriations and Budget Committees.
Quorum at a hearing; Rule XXVI, paragraph 7(a)(2)
A committee or subcommittee may set its own quorum requirement of less than
one-third of the members “for the purpose of taking sworn testimony.” The Standing
Rules do not set a minimum quorum for this purpose. Several committee rules allow
sworn testimony to be taken with just one member in attendance. (See Quorum at a
meeting and Quorum for Reporting, below.)
Statements of witnesses; Rule XXVI, paragraph 4(b)
Each witness is to file his or her statement in writing at least one day before his
or her appearance. The chairman and ranking minority member may waive this
requirement, and it does not apply to the Appropriations Committee.
Staff summaries of testimony; Rule XXVI, paragraphs 4(b) and 4(c)
The committee may direct its staff to prepare daily digests of the statements that
witnesses propose to present, and then to prepare daily summaries of the testimony
that the committee actually received. With the approval of the chairman and ranking
minority member, the committee may include the latter summaries in its published
hearings.
Witnesses selected by the minority; Rule XXVI, paragraph 4(d)
During hearings on any measure or matter, the minority shall be allowed to
select witnesses to testify on at least one day, when the chairman receives such a
request from a majority of the minority party members. This provision does not
apply to the Appropriations Committee.
Open hearings; see Open meetings, above.
Broadcasting hearings; Rule XXVI, paragraph 5(c)
Any hearing that is open to the public also may be open to radio and television
broadcasting. However, committees and subcommittees may adopt rules to govern
how the media may broadcast the event.
Printing of hearings; Rule XXVI, paragraph 10(a)
Each committee is authorized to print its hearing records as well as material
submitted at hearings for the record. Records of the committee belong to the Senate

---

CRS-6
and are open for review by any member of the Senate. Such records should be kept
separately from the records of the chairman of the committee.
Availability of printed hearings; Rule XVII, paragraph 5
If a committee has held hearings on a measure or matter it has reported, the
committee is to “make every reasonable effort” to have the printed hearings available
to Senators before the Senate begins consideration of the measure or matter.
Reporting
Authority to originate measures; Rule XXV, paragraph 1
A committee with legislative jurisdiction under Rule XXV has “leave to report
by bill or otherwise” on matters within its jurisdiction. In other words, the committee
is authorized to originate bills and resolutions in addition to reporting measures
previously introduced and referred to it.
Committee amendments; Rule XV, paragraph 5
A Senator may raise an objection to a measure reported out of committee if it
contains an amendment which contains “any significant matter” that is not within the
committee’s jurisdiction, except for a “technical, clerical, or conforming
amendment.”
This prohibition does not apply to provisions of an original bill that a committee
reports.
Quorum for reporting; Rule XXVI, paragraph 7(a)(1)
A majority of a committee must be physically present when the committee votes
to order the reporting of any measure, matter, or recommendation. (See Quorum at
hearing and Quorum at meeting, above.)
Vote required to report; Rule XXVI, paragraph 7(a)(3)
The motion to order the reporting of a measure or matter requires the support
of a majority of the members who are present (and in turn, the members who are
physically present must constitute a majority of the committee; see Quorum for
reporting, above).
Proxy votes on reporting; Rule XXVI, paragraph 7(a)(3)
A committee may adopt a rule prohibiting the use of proxies in votes to order
a measure or matter reported.
If a committee permits the use of proxies on such votes, the preceding two
requirements continue to apply. Thus, “[t]he Chair has ruled that a report not
authorized by the concurrence of more than one-half of a majority of the entire

---

CRS-7
membership of the committee, exclusive of proxies, cannot be received by the Senate
upon objection.” (Riddick’s Senate Procedure, p. 1198.)
Ratification of prior actions; Rule XXVI, paragraph 7(a)(3)
When a committee orders a measure or matter reported in accordance with the
three immediately preceding rules, that action has the effect of ratifying previous
committee actions on the measure or matter. So after a measure has been reported
properly, a Senator may not make a point of order based on some action or inaction
that occurred before the vote on reporting it.
Contents of committee reports
The following requirements concern the content of committee reports on
legislation. The Senate’s rules do not require a committee to file a written report
when it reports a bill or resolution to the Senate. (Riddick’s Senate Procedure, p.
1201.) However, if a written report is filed, Senate Rules and statutes specify certain
items that must be included.
Other views; Rule XXVI, paragraph 10(c)
A committee member is entitled to have his or her supplemental, minority, or
additional views included in the committee’s report on a measure or matter, but only
if the committee member (1) gives notice of his or her intent to do so at the time the
committee orders the measure or matter reported, and (2) files his or her views in
writing within 3 days after the committee vote.
This provision does not apply to the Appropriations Committee.
Rollcall votes taken; Rule XXVI, paragraphs 7(b) and (c)
A committee report on a measure shall contain the results of any rollcall votes
taken on the measure and amendments to it, and on the motion to order it reported,
including the names of Senators voting yea and nay. This requirement does not apply
if the results have been “previously announced by the committee.”
Cost estimate; Section 308(a) of the Congressional Budget Act
The report on a measure or committee amendment that would provide new
budget, direct spending, or credit authority, or change revenues or tax expenditures
is to include (1) appropriate comparisons with allocations under Section 302(b) or
602(b) of the Budget Act, (2) an identification and justification of any direct spending
provisions, (3) a cost estimate by the Congressional Budget Office (CBO) covering
the fiscal years affected and the following 4 fiscal years, and (4) an estimate, also
prepared by CBO, of new budget authority provided for assistance to State and local
governments.
This requirement does not apply to continuing resolutions, and the third and
fourth items need to be included only if they are “timely submitted” by CBO.

---

CRS-8
“Cordon Rule” print; named after Senator Guy Cordon, its Senate
sponsor, Rule XXVI, paragraph 12
The committee report accompanying any measure that would repeal or amend
an existing law is to show what the measure proposes to repeal, and, using
appropriate typographical devices, how the existing law would be amended by the
bill if it were enacted as reported.
A committee may dispense with this requirement if it states in its report that
doing so is necessary “to expedite the business of the Senate.”
Regulatory impact statement; Rule XXVI, paragraphs 11(b) and (c)
The report on a public bill or resolution is to include an evaluation of the
measure’s anticipated impact in several respects: (1) its regulatory impact on
individuals and businesses, (2) the economic effects of its regulatory impact, (3) its
impact on personal privacy, and (4) the amount of paperwork and recordkeeping it
will require.
This requirement does not apply to the Appropriations and Budget Committees,
nor does it apply to reports on Senate or concurrent resolutions or on private
measures. Furthermore, any committee need not comply if it states in its report why
compliance would be “impracticable.”
A Senator may make a point of order against considering a bill if the report
accompanying it does not comply with this requirement.
Applicability to Congress; Section 102(b)(3) of P.L. 104-1
The report accompanying a bill or resolution “relating to terms and conditions
of employment or access to public services or accommodations” is to describe how
the provisions of the measure apply to Congress or why they do not.
A point of order can be made against Senate consideration of a measure if the
accompanying report does not comply with this requirement, but the requirement
may be waived by majority vote.
Report on jointly referred measure; Rule XVII, paragraph 3(b)
There may be only one report on a bill that was referred jointly to two or more
committees. The report may be printed in several numbered parts prepared by
different committees.
Timely filing of reports; Rule XXVI, paragraph 10(b)
It is the chairman’s duty to ensure that a measure his or her committee has
ordered reported actually is reported promptly to the Senate. The chairman also is
“to take or cause to be taken necessary steps to bring the matter to a vote.”

---

CRS-9
A majority of a committee may require in writing that a measure the committee
has approved be reported to the Senate within seven calendar days (excluding days
on which the Senate is not in session).
These provisions do not apply to the Appropriations Committee.
Layover requirements; Rule XVII, paragraphs 4(a) and 5
There are two distinct layover requirements. First, a measure or matter reported
from committee is to lie over for one legislative day before the Senate may consider
it. Second, the written report on the measure or matter (if there is a written report)
is to be available to Senators for 2 calendar days (excluding Sundays and legal
holidays) before the Senate begins considering the measure or matter.
The 2 calendar day requirement may be waived jointly by the Majority and
Minority Leaders and does not apply to declarations of war or national emergency or
to joint resolutions of disapproval that are effective only if enacted within statutory
deadlines.

---