Committee Jurisdiction and Referral in the Senate

Committee Jurisdiction and Referral in the Senate

Committee Jurisdiction and Referral in the
June 10, 2021
Senate
Mark J. Oleszek
When legislation is introduced in the Senate or received from the House, referral to a standing
Analyst on Congress and
committee is governed primarily by the jurisdictional statements contained in paragraph 1 of
the Legislative Process
Senate Rule XXV. These statements define the policy subjects on which each standing

committee may exercise jurisdiction on behalf of the Senate. The statements themselves tend to
address broad policy areas rather than specific departments, agencies, or programs of the federal

government. Because committee jurisdiction often is expressed in general policy terms, it is
possible for more than one committee to claim jurisdiction over different aspects of a broad subject that may encompass a
myriad of specific programs and activities.
While the jurisdiction of Senate committees is established in Rule XXV, the referral of legislation is governed by Rule XVII.
That rule provides for measures to be referred “in favor of the committee which has jurisdiction over the subject matter which
predominates in such proposed legislation.” The predominant subject of a bill generally is determined by the subject it
addresses at greatest length, but if revenue provisions are included then the Finance Committee would receive the bill on
referral. Any number of subjects may be addressed in a given measure, but only one of those subjects can be considered to
“predominate” in the legislative text. It is this determination of subject matter predominance and its connection to the
jurisdictional statements of Rule XXV that governs how measures are referred.
Although rare, referral of a bill to more than one committee (whether jointly or in sequence) is permitted in specific
circumstances. A “joint” or “sequential” referral would ordinarily occur under the terms of a unanimous consent request
negotiated by the affected committees and approved by the Senate. Consent agreements on questions of jurisdiction can
provide more nuanced guidance beyond the statements in Rule XXV on the referral of measures covered by the agreement.
As with legislation, the referral of nominations is guided by the jurisdictional statements of Rule XXV. Most nominations are
sent to a single committee, but in some cases the Senate has agreed to refer particular nominations to more than one
committee, either jointly or sequentially. These arrangements might be executed by unanimous consent, by adoption of a
standing order, or through statute.
The jurisdictions of subcommittees are not explicitly stated in Senate rules. The jurisdiction of a subcommittee is generally
determined by the full committee that created it. In many cases, the full committee will establish the jurisdictions of its
subcommittees in the rules that committees are required to adopt during the first few mo nths of a new Congress.
An important distinction can be made between legislative and oversight jurisdiction. Legislative jurisdiction describes the
authority of a committee to receive and report measures to the Senate. Oversight jurisdiction refers to a committee’s ability to
review matters within its purview, for instance by conducting hearings and investigations. Paragraph 8 of Rule XXVI directs
all standing committees “to 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.”
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Contents
Jurisdiction of Senate Committees ..................................................................................... 1
Referral of Legislation in the Senate .................................................................................. 1
Joint and Sequential Referrals ........................................................................................... 2
Additional Considerations on Jurisdiction and Referral ......................................................... 3
Referral of Nominations ................................................................................................... 5
Jurisdiction and Referral to Senate Subcommittees ............................................................... 6
Legislative and Oversight Jurisdiction ................................................................................ 6

Figures
Figure 1. Unanimous Consent Agreement Establishing a Sequential Referral ........................... 2

Contacts
Author Information ......................................................................................................... 6

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Committee Jurisdiction and Referral in the Senate

Jurisdiction of Senate Committees
When legislation is introduced in the Senate or received from the House, referral to a standing
committee is governed primarily by the jurisdictional statements contained in paragraph 1 of
Senate Rule XXV.1 These statements define the policy subjects on which each standing
committee may exercise jurisdiction on behalf of the Senate. The statements themselves tend to
address broad policy areas rather than specific departments, agencies, or programs of the federal
government. Many federal departments and agencies handle a wide variety of policy areas that do
not fit neatly within the jurisdiction of a single committee. Because committee jurisdiction often
is expressed in general policy terms, it is possible for more than one committee to claim
jurisdiction over different aspects of a broad subject that may encompass a myriad of specific
programs and activities.
Referral of Legislation in the Senate
While the jurisdiction of Senate committees is established in Rule XXV, the referral of legislation
is governed by Rule XVII. That rule provides for measures to be referred “in favor of the
committee which has jurisdiction over the subject matter which predominates in such proposed
legislation.”2 The predominant subject of a bil general y is determined by the subject it addresses
at greatest length, unless the measure contains revenue provisions. Revenue measures get referred
to the Finance Committee—even if the amount of revenue language in a bil constitutes a smal
share of the bil ’s text—because the revenue component of the measure is considered its
predominant subject.
Any number of subjects may be addressed in a given measure, but only one of those subjects can
be considered to “predominate” in the legislative text. It is this determination of subject matter
predominance and its connection to the jurisdictional statements of Rule XXV that governs how
measures are referred.3 Consider, for instance, subjects concerning the nation’s forests and how
legislation dealing with issues of forestry management might be referred under the predominance
standard. Based on the jurisdictional statements of Rule XXV, at least two Senate committees
might seek referral of such a bil based (at least in part) on ownership of the land on which the
forested area is located. As Rule XXV states, the Committee on Agriculture, Nutrition, and
Forestry has jurisdiction over “Forestry, and forest reserves and wilderness areas other than those
created from the public domain,” while subjects involving “Public lands and forests” fal within

1 T he jurisdictions of standing committees defined in Rule XXV can be viewed online at https://www.govinfo.gov/
content/pkg/CDOC-113sdoc18/pdf/CDOC-113sdoc18.pdf#page=25. Committees might also be provided legislative or
oversight jurisdiction by standing order. For instance, when the Senate adopted S.Res. 400 (94th Congress) to establish
the Select Committee on Intelligence in 1976, it expressly provided the committee with jurisdiction over the
intelligence community. Most select or special committees created by the Senate are limited in scope, are temporary in
duration, and are not provided legislative jurisdiction in their authorizing resolutions.
2 U.S. Congress, Senate, Senate Manual, 116th Cong., 1st sess., S.Doc. 116-1 (Washington: GPO, 2020), p. 16
(hereinafter Senate Manual). Petitions, memorials, presidential messages, and other legislative items properly presented
to the Senate also are referred to committee on the basis of subject matter predominance.
3 T he Senate’s presiding officer is vested with the formal authority t o make referrals, but most day-to-day referral
decisions are made “ without any comment whatsoever on the floor” by the Senate Parliamentarian in her capacity as a
nonpartisan and disinterested agent of the Senate. See Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate
Procedure: Precedents and Practices, S.Doc. 101-28, 101st Cong., 2nd sess. (Washington: GPO, 1992), pp. 1150 -1151.
If jurisdictional questions arise regarding a measure’s referral, it may be “held at the desk” of the Senate until those
questions are resolved.
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the purview of the Committee on Energy and Natural Resources.4 Given how jurisdiction over
forests is al ocated between these two committees, a forestry bil that mainly addresses forested
area located on state, tribal, or privately owned land—even if it also contains language affecting
forests on federal lands—would be referred to the Agriculture, Nutrition, and Forestry
Committee. By the same logic, a measure that primarily deals with forested area on federal lands
would obtain a referral to the Energy and Natural Resources Committee, even if some of its
provisions would apply to forests on state, tribal, or private lands.5
Senate committees, then, can be referred bil s
that contain matter outside their jurisdiction,
Figure 1. Unanimous Consent Agreement
so long as the predominant subject of the bill
Establishing a Sequential Referral
fal s within their jurisdiction. Contemporary
policy issues are often complex and
multidimensional, so in some cases more
encompassing legislation that addresses a
variety of issues in a single package might be
drafted. Furthermore, in some policy areas,
the division of labor established in Rule XXV
might not be especial y relevant to the
purposes of the legislation. For instance, a
measure that is intended to minimize the
threat of forest fires might not distinguish
between federal and nonfederal lands, as fire
itself makes no such distinction.
Joint and Sequential
Referrals
While referral of a bil to more than one
committee (a “multiple” referral) is permitted
in specific circumstances, measures are
typical y referred to the one Senate committee
with jurisdiction over the main subject

addressed in the text. Although rare, referral
Source: Congressional Record, vol. 134, part 3
to more than one committee would ordinarily
(Mar. 3, 1988), p. 3119.
occur under the terms of a unanimous consent
request negotiated by the affected committees and approved by the Senate. Such agreements
might structure the referral so a bil is sent to both committees at the same time (a “joint”

4 Senate Manual, pp. 25, 29. T he “public domain” consists of land owned by the federal government, most of which is
located in the western United States. Eastern forests generally sit on state, tribal, or privately owned land.
5 Additional committees may exercise jurisdiction in areas connected to forests. For instance, “public works, bridges,
and dams” and “water resources” are subjects within the domain of the Environment and Public Works Committee
under Rule XXV, so legislation addressing works projects on forested land might be referred to this committee. The
Committee on Finance handles “revenue measures generally,” so a measure to provide federal tax credits for damages
associated with a forest fire would likely obtain a referral t o Finance. “T reaties and executive agreements” and many
kinds of foreign assistance programs fall within the purview of the Foreign Relations Committee, so a treaty proposal
concerning forests or a bill to provide forest management assistance abroad (in th e Amazon, for instance) would
potentially get referred to this committee.
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referral), or instead sent to a second committee after the first committee reports it (a “sequential”
referral).6
For instance, under the terms of a unanimous consent request approved by the Senate on March 3,
1988, legislation to authorize certain programs administered by the National Science Foundation
would undergo a sequential referral, first going to what is now cal ed the Committee on Health,
Education, Labor and Pensions, and then to the Committee on Commerce, Science, and
Transportation (see Figure 1).
Jurisdictional consent agreements can provide more nuanced guidance beyond the statements in
Rule XXV on the referral of measures covered by the agreement. They embody the committees’
understanding of their jurisdictional boundaries, are adhered to when future referrals are made,
and remain binding on the Senate unless changed (by unanimous consent) or superseded by an
amendment to the standing rules.7 These agreements can make additional procedural
arrangements and accommodations as wel , for instance through appointments to conference if
legislation covered by the agreement reaches that point, or by discharging a committee of its
consideration if a particular kind of measure remains unreported within a set time period. These
agreements may be structured as a standing order that applies to al future legislation on the same
topic, as the example in Figure 1 provides for, or crafted instead to address a specific bil
identified in the agreement.
Rule XVII authorizes a separate process, aside from unanimous consent, by which a measure can
be referred to more than one committee, whether jointly (at the same time) or sequential y (one
after the other, as the agreement in Figure 1 provided for). The entire bil may be referred to each
committee for consideration, or it may be divided with particular titles or sections delivered to
separate committees (a “split” referral). As provided for in Rule XVII, legislation can be referred
jointly or sequential y by mutual agreement of the majority and minority leaders. The rule also
requires advanced notification (24 hours) in the Congressional Record that such a motion may be
offered, on which two hours of debate would be al owed.8
Additional Considerations on Jurisdiction and
Referral
Beyond the jurisdictional statements of Rule XXV and any formal agreements reached by
committees and approved by the Senate, the jurisdictions of committees and the boundaries that
separate them can be predicted through patterns of previous legislative referrals. Past referral
decisions establish precedent for the future referral of comparable measures, so the referral of a

6 A unanimous consent agreement on referral may apply to a particular measure specified in the agreement, or it may
be structured as a standing order that applies to the referral of all future legislation on the same topic.
7 Some orders of referral are established in law or by Senate resolution. For instance, S.Res. 400 (94th Congress), which
created the Select Committee on Intelligence, set forth a reciprocal “ on demand” referral arrangement between the
Intelligence Committee and the standing committees. If a standing committee reports on intelligence matters within the
jurisdiction of the Int elligence Committee as defined in S.Res. 400, then the Intelligence Committee can obtain a
referral of the measure upon its request. Similarly, a measure reported by the Intelligence Committee that contains
language within the jurisdiction of another committee may be referred to that committee upon its request.
8 T he Rule XVII procedure for multiple referral was added to the Senate’s standing rules in 1977 through the adoption
of S.Res. 4 (95th Congress), informally referred to as the “ Committee Reform Amendments.” See also U.S. Congress,
Senate Committee on Rules and Administration, Com m ittee System Reorganization Am endments of 1977, report to
accompany S.Res. 4, 95th Congress, 1st sess., S.Rept. 95-2 (Washington, DC: GPO, 1977), pp. 58-59. T o date, it
appears no joint motion has been made under Rule XVII.
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measure in one Congress would inform its referral in a subsequent Congress (assuming no
intervening change in committee jurisdictions). However, given the predominance standard for
referral and the variety of subjects a bil may address, this approach has limitations for
determining committee jurisdiction. Referrals of narrowly tailored bil s that are drafted to address
specific subjects tend to provide the clearest guidance on committee jurisdiction as compared to
more comprehensive bil s covering many issue areas.
Most measures get referred to committee, but some might forego a referral and be placed directly
on the Legislative Calendar through procedures established in Senate Rule XIV.9 That rule
requires bil s and joint resolutions to be read three times (by title) on separate days, with the
second reading intended to inform the bil ’s reference to committee. In practice, most bil s are
referred to committee on the same day they are introduced (or received from the House).10 If,
however, a Senator objects to the second reading of a bil or joint resolution, the measure would
be placed directly on the Calendar in accordance with Rule XIV. No committee referral would
occur, but support from the relevant committee(s) of jurisdiction would likely be needed for the
measure to get attention on the floor.11
Another rule of relevance to committee jurisdiction can be found in paragraph 5 of Rule XV,
which was added to the Senate’s rulebook in 1977 when the Senate reorganized its committee
system by way of S.Res. 4 (95th Congress), the “Committee Reform Amendments.” As that
paragraph states:
It shall not be in order to consider any proposed committee amendment (other than a
technical, clerical, or conforming amendment) which contains any significant matter not
within the jurisdiction of the committee proposing such amendment.12
The intent of this rule is to preserve the division of labor and policy specialization on which the
committee system is based by discouraging committees from considering and reporting
amendments that fal outside their jurisdiction. If a committee reports an amendment to the
Senate that contains a significant amount of subject matter beyond its jurisdiction, a Rule XV
point of order against the amendment can be made on the floor. If the point of order is sustained,
the committee amendment might not be considered.13 Although few such points of order have
been lodged against committee-reported amendments since the rule was first established, in some
cases the mere possibility a Senator might lodge this point of order during floor consideration
could influence how a committee chooses to report its recommendations to the full chamber.
Notice that paragraph 5 of Rule XV applies only to committee-reported amendments. If a
committee instead decides to report its recommendations as an “original” bil —which al Senate
committees are authorized to do—then a point of order al eging a jurisdictional violation of Rule
XV would not be in order.14 At the time this paragraph was added to Senate rules, Senator

9 On the Senate’s Legislative Calendar, see CRS Report 98-429, The Senate’s Calendar of Business, coordinated by
Elizabeth Rybicki.
10 See Congressional Record, daily edition, vol. 167 (January 3, 2021), S8.
11 For additional information on Senate Rule XIV, see CRS Report RS22309, Senate Rule XIV Procedure for Placing
Measures Directly on the Senate Calendar, by Christopher M. Davis.
12 Senate Manual, p. 14.
13 T o not run afoul of this rule, the text of the committee’s amendment could be reoffered as a floor amendment .
14 An “original” bill is one that is originated by a committee as opposed to being drafted and introduced by an
individual Senator and referred to committee on behalf of the Senate. Rule XXV gives all committees “ leave to report
by bill or otherwise on matters within their respective jurisdictions,” so they need not wait for an introduced bill to be
referred to them to report their recommendations to the Senate (Senate Manual, p. 25).
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Howard Cannon, chair of the Rules and Administration Committee, explained the purpose of the
new language:
In an effort to discourage a committee from trying to expand its legislative jurisdiction by
fiat, the Committee on Rules [and Administration] proposes to make all amendments
reported by a committee to a bill over which it does not have jurisdiction subject to a point
of order, if that amendment does not fall within the defined jurisdiction of the committee
reporting the bill. Such technique has been used in the past by committees proposing
committee amendments to a bill which did not fall within their jurisdiction at all, and if
amendments became law, subsequent proposals to amend that particular provision of the
law would more than likely be referred to the committee which originated the language in
the first place. It has been easy under that procedure for committees to expand their
jurisdiction.15
If a committee intends to report an original bil containing matter outside its jurisdiction, in most
cases it wil inform and seek input from any relevant committees of jurisdiction. Unless some
degree of consensus can be reached by committees and interested Senators on any jurisdictional
issues that may arise, the bil likely would remain on the Calendar until negotiations resolve the
impasse.
Referral of Nominations
Under the Constitution, the President nominates and appoints many senior-level federal officials
“by and with the advice and consent of the Senate.” When a nomination is submitted to the
Senate, it is given a number by the Executive Clerk and (in most instances) referred to committee
on the day the presidential message was received. As with legislation, the referral of nominations
is guided by the jurisdictional statements of Rule XXV.
Most nominations are sent to a single committee, but in some cases the Senate has agreed to refer
particular nominations to several committees, either jointly or sequential y. These arrangements
might be executed by unanimous consent, adoption of a standing order, or through statute. For
instance, under the terms of a consent agreement reached on January 9, 2007, nominations to
most Inspector General positions are referred sequential y: first to the committee exercising
predominant subject matter jurisdiction over the work of the agency, and then to the Senate
Committee on Homeland Security and Governmental Affairs.16
Some nominations do not get referred to committee and instead are placed directly on the
Executive Calendar under the terms of S.Res. 116 (112th Congress), a standing order that enables
the expedited consideration of approximately 300 “privileged” nominations. Any Senator may
request that a “privileged” nomination be referred, but if certain informational requirements on
the nominee are met and no such request is made, then the nomination gets placed directly on the
Executive Calendar under the section entitled “Privileged Nominations,” making it eligible for
floor consideration.17

15 Congressional Record, vol. 123, part 3 (Feb. 1, 1977), p. 2891.
16 Congressional Record, vol. 153, part 1 (January 9, 2007), p. 487. As stated in Rule XXV, the Homeland Security and
Governmental Affairs Committee is responsible for “ studying the efficiency, economy, and effectiveness of all
agencies and departments of the Government” (Senate Manual, p. 33).
17 Many of these nominations involve part-time appointments to various oversight boards and advisory commissions.
For additional information on privileged nominations and the mechanics of S.Res. 116 (112th Congress), see CRS
Report R46273, Consideration of Privileged Nom inations in the Senate, by Michael Greene.
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Jurisdiction and Referral to Senate Subcommittees
The jurisdictions of subcommittees are not explicitly stated in Senate rules. The jurisdiction of a
subcommittee is general y determined by the full committee that created it. In many cases, the
full committee wil establish the jurisdictions of its subcommittees in the rules that committees
are required to adopt during the first few months of a new Congress.18 If a subcommittee’s
jurisdiction is not defined by its parent committee, measures are general y referred to
subcommittee or retained by the full committee at the discretion of the committee’s chair. Some
committees rely more heavily on their subcommittees to process legislation, make
recommendations, and conduct oversight than do other committees.19
Legislative and Oversight Jurisdiction
An important distinction can be made between legislative and oversight jurisdiction. Legislative
jurisdiction describes the authority of a committee to receive and report measures to the Senate.
Oversight jurisdiction refers to a committee’s ability to review matters within its purview, for
instance by conducting hearings and investigations. Legislative jurisdiction is defined in
paragraph 1 of Rule XXV, while paragraph 8 of Rule XXVI directs al standing committees “to
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.”20
Some committees interpret their oversight responsibilities more broadly than others do, which can
lead to jurisdictional disputes over which committee is best equipped to conduct hearings,
investigations, or other oversight activities. Given the complexity and interdependence of many
policy areas, and considering how subject matter responsibilities are al ocated broadly across
committees, more than one committee may be involved in overseeing specific aspects of a
general subject.21

Author Information

Mark J. Oleszek

Analyst on Congress and the Legislative Process

18 See Rule XXVI, paragraph 2. Senate Manual, pp. 41-42.
19 Historically, one of the Senate’s most active subcommittees has been the Permanent Subcommittee on Inv estigations.
T hat subcommittee of the Homeland Security and Governmental Affairs Committee has been granted broad authority
to investigate matters relating to the efficiency and economy of federal government operations across all departments
and agencies.
20 Senate Manual, p. 47.
21 Unlike with legislative jurisdiction, there are no bill referral precedents through which to understand oversight
jurisdiction. Moreover, disputes involving oversight jurisdiction generally cannot be adjudicated through a point of
order on a measure. Committees with shared responsibilities over a particular policy area may choose to coordinate
their oversight activities, for instance by organizing a joint hearing.
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