Senate Standing Committees’ Rules on Legislative Activities and Executive Business: Analysis for the 114th Congress
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Senate Standing Committees’ Rules on
Legislative Activities and Executive Business:
Analysis for the 114th Congress
,name redacted,
Senior Specialist in American National Government
,name redacted,
Specialist on the Congress
December 1, 2016
Congressional Research Service
7-....
www.crs.gov
R43799
Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Summary
Senate Rule XXVI directs Senate committees to adopt rules of procedure and publish them in the
Congressional Record by March 1 of the first year of a new Congress. A committee’s rules must
be “not inconsistent” with the Senate’s rules. Committee rules, even if they have not been
amended, must be revalidated in each Congress as provided in Rule XXVI.
Committee rules cover a variety of subjects—from meeting dates to quorums to processing
nominations. Some Senate rules that are reflected in committees’ rules must be followed, such as
the rule that requires a majority of a committee to be physically present to report a measure or
matter. Other committee rules, such as those concerning the relationship between a committee
and its subcommittees, are largely within the discretion of each committee to design.
From a chair’s perspective, a committee’s rules authorize the chair to act on a variety of matters.
However, the rules might provide the chair with a different authority for each matter. A chair
might be able to act on his or her own authority on one matter but need the concurrence of the
ranking minority member on another matter. In one instance, a chair may be able to act quickly,
but in another instance the chair might be required to give notice prior to taking an action. Each
committee’s rules have evolved distinctively, and different degrees of discretion or limitation in
each committee’s rules govern each action that a chair might take.
From the minority’s perspective, a committee’s rules govern the minority’s role in agenda setting,
decision making, and procedural prerogatives. Committees’ rules vary in what role they provide
the minority in selecting witnesses, placing matters on the agenda, forming a quorum, bringing a
matter to a vote, authorizing subpoenas, and so on.
From an individual committee member’s perspective, a committee’s rules allocate authority
between the chair and ranking minority member and between the chair and the committee’s
members. In many rules, the chair, or the chair with the concurrence of the ranking minority
member, may make decisions, such as reducing the notice of a meeting or waiving other
requirements in the committee’s rules related to holding a meeting. In other rules, decisions may
be made only by action of the committee.
Just as in the Senate, many actions in committees are taken by unanimous consent. Unanimous
consent may allow some or many committee rules to be set aside. It might also be used to create
ad hoc procedures that accommodate committee members on a particular piece of legislation or
for a specific meeting or to facilitate a committee’s conduct of business. Before agreeing to
unanimous consent, a committee member might wish to understand the specific committee rules
and committee member prerogatives being set aside.
In cataloguing and comparing the breadth of 114th Congress Senate committee rules on legislative
and executive business, this report provides the reader with a guide to the variety of committee
rules. This report will be updated during the 115th Congress.
A companion report on House committees’ rules is also available: CRS Report R41605, House
Standing Committees’ Rules on Legislative Activities: Analysis of Rules in Effect in the 114th
Congress, by (name redacted) and (name redacted)
.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Contents
Introduction ..................................................................................................................................... 1
Subcommittees ................................................................................................................................ 3
Senate Rule................................................................................................................................ 3
Committee Rules on Subcommittees’ Existence ....................................................................... 3
Creation of Subcommittees ................................................................................................. 3
Subcommittee Authority in Committee Rules .................................................................... 4
Subcommittee Membership and Participation .......................................................................... 5
Senate Rule ......................................................................................................................... 5
Membership ........................................................................................................................ 5
Participation in Subcommittee Activities ............................................................................ 6
Ex Officio Service............................................................................................................... 6
Senate Rule ................................................................................................................... 6
Committee Rules .......................................................................................................... 6
Subcommittees’ Scheduling of Meetings and Hearings ............................................................ 7
Senate Rule ......................................................................................................................... 7
Committees’ Rules .............................................................................................................. 7
On Avoiding Scheduling Conflicts ............................................................................... 7
On Scheduling Procedures and Quorums ..................................................................... 8
Banking Committee Rule ............................................................................................. 8
Presiding in Subcommittee ........................................................................................... 9
Referral of Legislation to Subcommittees ................................................................................. 9
Subcommittees’ Reporting or Discharge ................................................................................... 9
Committee Meetings ...................................................................................................................... 11
Senate Rules ............................................................................................................................. 11
Regular Meeting Days.............................................................................................................. 11
Senate Rule ........................................................................................................................ 11
Explanation of Table 1: Regular Meeting Days, Senate Committees’ Rules,
114th Congress................................................................................................................. 11
Additional Committee Meetings ............................................................................................. 15
Senate Rule ....................................................................................................................... 15
Notice of Meetings ............................................................................................................ 15
On Adding Agenda Items............................................................................................ 15
On Late Notices .......................................................................................................... 15
On Postponing Agenda Items ..................................................................................... 16
On Parliamentary Formalities ..................................................................................... 16
On the Relationship of the Chair and Ranking Minority Member ............................. 16
On Staff Preparation for Meetings .............................................................................. 16
Explanation of Table 2: Additional Meeting Requirements, Senate Committees’
Rules, 114th Congress..................................................................................................... 16
Meetings Initiated by Committee Members ............................................................................ 19
Senate Rule ....................................................................................................................... 19
Committees’ Rules ............................................................................................................ 19
Adjournment ........................................................................................................................... 19
Presiding Officer ..................................................................................................................... 19
Senate Rule ....................................................................................................................... 19
Committees’ Rules ............................................................................................................ 20
Display Materials .................................................................................................................... 20
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Quorum Requirements .................................................................................................................. 21
Senate Rules ............................................................................................................................ 21
Committees’ Rules .................................................................................................................. 21
Explanation of Table 3: Committee Quorum Requirements, Senate Committees’
Rules, 114th Congress..................................................................................................... 21
Attendance............................................................................................................................... 23
Member Attendance .......................................................................................................... 23
Staff Attendance ................................................................................................................ 24
At Closed Meetings .................................................................................................... 24
Present on Dais ........................................................................................................... 24
Open and Closed Meetings ............................................................................................................ 24
Senate Rules ............................................................................................................................ 24
Committees’ Rules .................................................................................................................. 25
Disorder in Meetings ............................................................................................................... 26
Senate Rule ....................................................................................................................... 26
Committees’ Rules ............................................................................................................ 26
Broadcasting............................................................................................................................ 26
Senate Rule ....................................................................................................................... 26
Explanation of Table 4: Meeting and Hearing Broadcasting Requirements, Senate
Committees’ Rules, 114th Congress ............................................................................... 26
Hearing Procedures ....................................................................................................................... 28
Senate Rules ............................................................................................................................ 28
Field Hearings ......................................................................................................................... 29
On Authorizing Field Hearings ......................................................................................... 29
Other Applicable Committee Rules .................................................................................. 29
Committee and Minority Witness Selection............................................................................ 29
Senate Rule ....................................................................................................................... 29
Committees’ Rules ............................................................................................................ 30
On Minority Witnesses ............................................................................................... 30
Other Witness Rules ................................................................................................... 30
Witnesses’ Written Testimony ................................................................................................. 31
Senate Rule ....................................................................................................................... 31
Committees’ Rules ............................................................................................................ 31
Swearing In Witnesses ............................................................................................................ 32
Staff-Prepared Summaries of Testimony................................................................................. 33
Senate Rules ...................................................................................................................... 33
Confidential and Classified Testimony and Materials............................................................. 33
Senate Rules ...................................................................................................................... 33
Committees’ Rules ............................................................................................................ 33
Rules of the Foreign Relations Committee ................................................................. 34
Rules of the Intelligence Committee .......................................................................... 35
Correcting Transcripts ............................................................................................................. 36
On Correcting Transcripts ................................................................................................. 36
On Reputational Testimony .............................................................................................. 36
Committees’ Other Hearing Rules .......................................................................................... 37
Explanation of Table 5: Committee Hearing Requirements, Senate Committees’
Rules, 114th Congress..................................................................................................... 37
Oversight ....................................................................................................................................... 41
Senate Rules ............................................................................................................................ 41
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Investigations .......................................................................................................................... 42
Depositions.............................................................................................................................. 43
On Authorizing Depositions ............................................................................................. 43
Homeland Security and Governmental Affairs Committee’s Rule ................................... 44
Counsel.................................................................................................................................... 44
On Being Accompanied by Counsel ................................................................................. 44
Intelligence Committee’s Rule .......................................................................................... 45
Subpoenas ............................................................................................................................... 45
Senate Rule ....................................................................................................................... 45
Committees’ Rules ............................................................................................................ 46
Explanation of Table 6: Committee Subpoena Requirements, Senate Committees’
Rules, 114th Congress..................................................................................................... 46
Referral of Legislation................................................................................................................... 48
Senate Rules ............................................................................................................................ 48
Executive Comment ................................................................................................................ 50
Markup Procedures........................................................................................................................ 50
Committees’ Rules .................................................................................................................. 50
Explanation of Table 7: Markup Procedure Requirements, Senate Committees’
Rules, 114th Congress..................................................................................................... 52
Voting in Committee...................................................................................................................... 54
Senate Rules ............................................................................................................................ 54
Committees’ Rules .................................................................................................................. 55
Ending Debate................................................................................................................... 56
Technical and Clerical Corrections to Measure ................................................................ 56
Proxy Voting............................................................................................................................ 56
Senate Rules ...................................................................................................................... 56
Committee Rules............................................................................................................... 56
Explanation of Table 8: Committee Proxy Voting Requirements, Senate
Committees’ Rules, 114th Congress ............................................................................... 57
Polling ..................................................................................................................................... 59
Reports........................................................................................................................................... 60
Background and Procedural Setting ........................................................................................ 60
Required Contents ................................................................................................................... 61
Senate Rules ...................................................................................................................... 61
Cordon Rule ...................................................................................................................... 63
Clean-Up Rule .................................................................................................................. 63
Supplemental, Minority, and Additional Views ...................................................................... 63
Senate Rule ....................................................................................................................... 63
Committees’ Rules ............................................................................................................ 63
Recorded Votes........................................................................................................................ 64
Senate Rule ....................................................................................................................... 64
Committees’ Rules ............................................................................................................ 64
Earmarks Rule ......................................................................................................................... 65
Filing ....................................................................................................................................... 65
Senate Rules ...................................................................................................................... 65
Committees’ Rules ............................................................................................................ 66
Nominations .................................................................................................................................. 66
Referral: Background and Procedural Setting ......................................................................... 66
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Committees’ Rules on Processing Nominations ..................................................................... 68
Procedures in the Homeland Security and Governmental Affairs Committee.................. 68
On Adding a Nomination to an Agenda or Postponing Consideration ............................. 69
On Parliamentary Formalities ........................................................................................... 69
Explanation of Table 9: Nomination Requirements, Senate Committees’ Rules,
114th Congress................................................................................................................ 69
Foreign Relations Committee’s Treaty Procedures ....................................................................... 73
Committees’ Other, Related Responsibilities ................................................................................ 73
Senate Rule on Funding Authorization Resolution ................................................................. 73
Senate Rule on Activity Reports ............................................................................................. 74
Other Reports Required by Standing Order ............................................................................ 74
Standing Order Allowing Committees to Bring Lawsuits....................................................... 74
Additional Duties of the Rules and Administration Committee .............................................. 74
Armed Services Committee’s Real Property Transaction Responsibilities ............................. 75
Coinage Legislation and the Banking Committee ................................................................... 75
Statutory Authority and the Environment and Public Works Committee ............................... 75
Homeland Security and Governmental Affairs Committee Procedures to Name Postal
Facilities ............................................................................................................................... 76
Veterans’ Affairs Committee Procedures to Name Department of Veterans’ Affairs
Facilities ............................................................................................................................... 76
Intelligence Committee’s Non-Legislative Actions ................................................................ 76
Amending Committee Rules ................................................................................................... 76
Committee Records ....................................................................................................................... 77
Senate Rules ............................................................................................................................ 77
Voting Records ........................................................................................................................ 78
Senate Rule ....................................................................................................................... 78
Committees’ Rules ............................................................................................................ 78
Transcripts of Meetings and Printed Hearings ........................................................................ 78
Senate Rules ...................................................................................................................... 78
Committees’ Rules ............................................................................................................ 79
Legislative Calendars .............................................................................................................. 80
Tables
Table 1. Regular Meeting Days, Senate Committees’ Rules, 114th Congress ............................... 13
Table 2. Additional Meeting Requirements, Senate Committees’ Rules, 114th Congress ............. 17
Table 3. Committee Quorum Requirements, Senate Committees’ Rules, 114th Congress ............ 22
Table 4. Meeting and Hearing Broadcasting Requirements, Senate Committees’ Rules,
114th Congress ............................................................................................................................ 27
Table 5. Committee Hearing Requirements, Senate Committees’ Rules, 114th Congress ............. 38
Table 6. Committee Subpoena Requirements, Senate Committees’ Rules, 114th Congress .......... 46
Table 7. Markup Procedure Requirements, Senate Committees’ Rules, 114th Congress............... 52
Table 8. Committee Proxy Voting Requirements, Senate Committees’ Rules,
114th Congress ............................................................................................................................ 58
Table 9. Nomination Requirements, Senate Committees’ Rules, 114th Congress ......................... 70
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Contacts
Author Contact Information .......................................................................................................... 80
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Introduction
All Senate committees must adopt rules of procedure, unless exempted from doing so, and
publish them in the Congressional Record by March 1 of the first year of a new Congress.1 An
amendment to a committee’s rules during a two-year Congress does not take effect until the
amendment is published in the Congressional Record.2 If the Senate establishes a committee after
February 1 of the first year of a new Congress, the rules of that committee must be published in
the Congressional Record not later than 60 days after the establishment of the committee. A
committee’s rules must be “not inconsistent” with the Senate’s rules. (Rule XXVI, paragraph 2.)
A committee typically adopts the rules that were in effect in the previous Congress, with any
change agreed to by the committee usually being incremental. A committee’s rules develop over
time and fit the jurisdiction, practices, and culture of a committee, leaving little reason for major
changes, even when control of the Senate changes. A change in a Senate rule or standing order
might cause committees to reexamine their rules.
Many Senate rules, standing orders, and other decisions of the Senate, such as committee funding,
affect committees’ conduct of their legislative and executive business.3 However, the two
principal Senate rules related to committees’ activities are Rule XXV, which contains committees’
jurisdictions, and Rule XXVI, which details committee procedures.4
A number of committees specifically acknowledged the primacy of Senate rules in their own
rules. These were the Committees on Armed Services; Energy and Natural Resources; Foreign
Relations; Health, Education, Labor, and Pensions; Small Business and Entrepreneurship;
Veterans’ Affairs; and Indian Affairs. Some of these committees’ rules also acknowledged the
preeminence of Senate resolutions and the Legislative Reorganization Acts of 1946 and 1970.
The Foreign Relations Committee, in addition, made its Rule I its jurisdictional statement from
Rule XXV, paragraph 1(j). Most committees appended their jurisdictional statements to their
rules.5
1
For an introduction to congressional committees, see CRS Report RS20794, The Committee System in the U.S.
Congress, by (name redacted); and CRS Report 98-241, Committee Types and Roles, by (name redacted) .
2
In a modern case, a conviction for perjury in testimony to a Senate committee was overturned on appeal because the
committee had failed to publish in the Congressional Record an amendment to its rules. The amendment dealt with the
quorum for taking sworn testimony. U.S. v. Reinecke, 524 F.2 nd 435 (D.C. Cir. 1975).
3
For explanation of the committee assignment process in the Senate, see CRS Report 98-183, Senate Committees:
Categories and Rules for Committee Assignments, by (name redacted); CRS Report RL30743, Committee Assignment
Process in the U.S. Senate: Democratic and Republican Party Procedures, by (name redacted); and CRS Report 98635, Assignments to Senate Subcommittees, by (name redacted).
A unique rule of the Health, Education, Labor, and Pensions Committee provided for the eventuality of a 1:1 majorityminority ratio on the committee. The rule provided that, in that instance, the party of the chair would be considered the
majority party. In addition, the rule stated that numerical requirements in the rule would be unaffected.
4
For a précis of Senate rules that apply to committees, see CRS Report 98-311, Senate Rules Affecting Committees, by
(name redacted) ; and also CRS Report 98-711, Senate Rules for Committee Markups, by (name redacted).
Comparative excerpts from selected Senate committee rules may be found in CRS Report R44369, Senate Committee
Rules in the 114th Congress: Key Provisions, by (name redacted) .
Senate rules and standing orders appear in U.S. Congress, Senate Committee on Rules and Administration, Senate
Manual, prepared by Matthew McGowan, 113th Cong., 1st sess., S.Doc. 113-1 (Washington: GPO, 2014). Senate
precedents are compiled in U.S. Congress, Senate, Riddick’s Senate Procedure, prepared by Floyd M. Riddick and
Alan S. Frumin, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992). See also CRS Report RL30788,
Parliamentary Reference Sources: Senate, by (name redacted) and (name redacted).
5
If a committee’s rules are silent on a procedure, Senate rules apply to the extent there is a relevant rule or precedent,
(continued...)
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
In addition to their rules, some committees have adopted resolutions, manuals, and other guidance
that may affect their operations.6
The primary legislative function of the standing committees of the U.S. Senate is to evaluate the
thousands of bills and resolutions that Senators introduce in each two-year Congress, which are
normally referred upon introduction to the appropriate committee, and measures passed by the
House. Senate committees also annually evaluate thousands of executive nominations, and the
Foreign Relations Committee has jurisdiction over treaties submitted by the President for the
advice and consent of the Senate. This report catalogues and compares the rules in the 114th
Congress of the 18 Senate committees with legislative authority—committees having authority to
report legislation to the Senate.7
The report is organized topically rather than by Senate rule or paragraph of a Senate rule or by
committee. Broad topics based principally on provisions of Senate Rule XXVI, such as
committee meetings, are divided into more specific topics, such as regular meeting days,
additional committee meetings, and meetings initiated by committee members. Topics also
include nominations, treaties, and related responsibilities covered by committees’ rules. All these
topics might be further divided.
For most topics, a summary of the relevant provision or provisions of any Senate rule appears
first. This summary is followed by an explanation and a comparison of individual committees’
rules, which appear in both text and tables. Relevant provisions of standing orders applicable to
all committees or specific committees, which pertain to legislative or executive business, are also
cited.8
The report is not intended to be read from beginning to end but might be used by chairs, ranking
minority members, and committee staff considering amendments to rules, by committee members
and their legislative staff seeking to increase their knowledge of committee rules, and by new
Senators and staff building procedural knowledge.
(...continued)
unless a committee adopts a rule, resolution, or order to govern proceedings on which its rules are silent.
6
For example, the Commerce, Science, and Transportation Committee published a manual on preparing committee
reports. U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Guide for Preparation of
Committee Reports, committee print, 111th Cong., 1st sess., November 9, 2009, S.Prt. 111-33 (Washington: GPO,
2009). The Banking, Housing, and Urban Affairs Committee adopted procedures in 1981 on processing presidential
nominations. The procedures are appended to the committee’s rules but are not numbered with them. Senator Richard
Shelby, “Committee on Banking, Housing, and Urban Affairs,” insert, Congressional Record, daily edition, vol. 161
(January 27, 2015), pp. S538-S539.
7
Although many individuals refer to all bills and resolutions as legislation, the term strictly refers only to bills and joint
resolutions, which, if passed by the two houses of Congress in the exact same form and signed by the President,
become law. The committees examined in this report consider bills and the three forms of resolutions—joint,
concurrent, and simple.
The Select Committee on Aging does not have legislative authority. The Select Committee on Ethics may report
resolutions concerning individual conduct or regulation of conduct and is not included in this report. For information on
the committee, see CRS Report RL30650, Senate Select Committee on Ethics: A Brief History of Its Evolution and
Jurisdiction, by (name redacted). No joint committee currently has authority to report legislation to the Senate.
8
This report does not examine Senate rules on committee assignments, committee staff, or other topics not directly
related to the conduct of committees’ legislative and executive business. It does not examine committee rules on staff
and administrative matters.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
The principal headings in the report are as follows:
“Subcommittees”
“Committee Meetings”
“Quorum Requirements”
“Open and Closed Meetings”
“Hearing Procedures”
“Oversight”
“Referral of Legislation”
“Markup Procedures”
“Voting in Committee”
“Reports”
“Nominations”
“Foreign Relations Committee’s Treaty Procedures”
“Committees’ Other, Related Responsibilities”
“Committee Records”
Subcommittees
Senate Rule
A Senate rule prohibits committees from creating a subunit of a committee other than a
subcommittee in the absence of permission from the Senate granted by a resolution. (Rule XXV,
paragraph 4(b)(4).)
Committee Rules on Subcommittees’ Existence
Creation of Subcommittees
The Budget; Rules and Administration; Veterans’ Affairs; and Indian Affairs Committees made no
mention of subcommittees in their rules. A Small Business and Entrepreneurship Committee rule
stated that the committee would have no standing subcommittees.
The Environment and Public Works and Homeland Security and Governmental Affairs
Committees’ rules established and named their standing subcommittees.
The Banking, Housing, and Urban Affairs; Foreign Relations; and Intelligence Committees’ rules
stated that subcommittees may be created by a majority of the committee; the Foreign Relations
and Intelligence Committees specified a majority vote.9
The Finance Committee’s rule stated that the chair of the committee, with the approval of the
committee, would appoint subcommittees. The rule also provided that the ranking minority
9
S.Res. 445 (108th Cong.), agreed to in the Senate October 9, 2004, authorized creation of a Subcommittee on
Oversight in the Intelligence Committee and a Subcommittee on Intelligence in the Appropriations Committee. Neither
subcommittee exists.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
member would recommend minority appointments to the chair. The rule of the Energy and
Natural Resources Committee provided for consultation on subcommittee sizes and ratios
between the chair and ranking minority member. The Homeland Security and Governmental
Affairs Committee’s rules allowed the creation of ad hoc subcommittees by the chair upon
consultation with the ranking minority member.
Additionally, the Homeland Security and Governmental Affairs and Intelligence Committees’
rules allowed these committees’ subcommittees to adopt their own rules, subject to limits in the
committees’ rules.10
Subcommittee Authority in Committee Rules
A rule of the Armed Services Committee authorized its subcommittees to meet, hold hearings,
receive evidence, and report to the committee on all matters referred to them. A rule of the
Commerce, Science, and Transportation Committee dealt only with the eventuality of a change in
chairmanship. Despite the unique importance of its subcommittees, the only rule of the
Appropriations Committee specifically applicable to its subcommittees was a rule on the
availability of subcommittee reports. (See, below, “Subcommittees’ Reporting or Discharge.”)
Nearly every rule of the Health, Education, Labor, and Pensions Committee used the phrase “the
committee or a subcommittee.” In contrast, the rules of the Judiciary Committee dealt specifically
with only four aspects of subcommittee organization and authority.
Several committees applied their rules to their subcommittees, in some instances noting to the
extent applicable or not in conflict with specific committee rules related to subcommittee
procedures. These committees were Agriculture, Nutrition, and Forestry; Armed Services;
Foreign Relations; and Intelligence. The rule of the Agriculture Committee indicated the
committee could authorize or limit subcommittee duties.
10
See, for example, the U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs,
Permanent Subcommittee on Investigations, Rules of Procedure: Senate Permanent Subcommittee on Investigations of
the Committee on Homeland Security and Governmental Affairs, committee print, 114th Cong., 1st sess., March 2015,
S.Prt. 114-13 (Washington, DC: GPO, 2015), available at https://www.gpo.gov/fdsys/pkg/CPRT114SPRT93595/pdf/CPRT-114SPRT93595.pdf.
This subcommittee has a long, important, and unique history in the Senate. The Senate on January 28, 1948, adopted a
resolution (S.Res. 189, 80th Congress) empowering the Committee on Expenditures in the Executive Departments and
“any duly authorized subcommittee thereof” with authority and funds to hire staff to conduct investigations. See
Senator Charles Brooks, “Authorization for Committee on Expenditures in the Executive Departments to Make Certain
Expenditures, etc.,” Senate debate, Congressional Record, vol. 94, part 1 (January 28, 1948), p. 605; and
“Authorization to the Committee on Expenditures in the Executive Departments—Motion to Reconsider,” Senate
debate, Congressional Record, vol. 94, part 2 (February 25, 1948), pp. 1668-1682. With Republicans in the majority,
the party leadership had decided to establish an investigations subcommittee upon adoption of the resolution. See
“Ferguson Picked to Head New War Inquiry Group,” New York Herald Tribune, December 15, 1947, p. 3; and Jack
Steele, “Ferguson Will Get Brewster Inquiry Role,” New York Herald Tribune, January 2, 1948, pp. 1, 6.
Senators and the Senate Historical Office have documented the history of the subcommittee. See, for example, U.S.
Congress, Senate Committee on Homeland Security and Governmental Affairs, Permanent Subcommittee on
Investigations, About the Permanent Subcommittee on Investigations, at http://www.hsgac.senate.gov/subcommittees/
investigations/about; Senator Susan Collins, “Fiftieth Anniversary of the Permanent Subcommittee on Investigations,”
remarks in Senate, Congressional Record, vol. 144, part 1 (January 28, 1998), pp. 319-321; “Ruth Young Watt, Chief
Clerk, Permanent Subcommittee on Investigations, 1948-1979,” Oral History Interviews, Senate Historical Office,
Washington, DC, available at http://www.senate.gov/artandhistory/history/oral_history/Ruth_Young_Watt.htm; and
Senator Sam Nunn, “The Impact of the Senate Permanent Subcommittee on Investigations on Federal Policy,” Georgia
Law Review, vol. 21 (1986-1987), pp. 17-56. For a more current review of the subcommittee’s role, see John Aloysius
Farrell, “The Raptor,” National Journal, February 11, 2012, pp. 24-28.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Some committees’ rules provided explicit direction on the functioning of subcommittees; other
committees’ rules did not provide specific direction. Some committees were selective in granting
or limiting the authority of their subcommittees by establishing rules for the subcommittees that
differed from those for the full committee.
Committees’ rules on their subcommittees are explored in the following four sections on
“Subcommittee Membership and Participation,” “Subcommittees’ Scheduling of Meetings and
Hearings,” “Referral of Legislation to Subcommittees,” and “Subcommittees’ Reporting or
Discharge.” See also, below, “Oversight.”) For a full understanding of a rule applicable to a
subcommittee, a reader must check the parent committee’s rule under the specific, relevant topic.
Subcommittee Membership and Participation
Senate Rule
Rule XXV, paragraph 4(b)(1) and (2) limits Senators’ assignment to subcommittees. Senators
may not serve on more than three subcommittees of so-called A committees, except for
subcommittees of the Appropriations Committee. Senators may not serve on more than two
subcommittees of so-called B committees.11
Membership
The rules for the Agriculture, Nutrition, and Forestry; Banking, Housing, and Urban Affairs;
Energy and Natural Resources; and Foreign Relations Committees provided that members of each
committee would be assigned to subcommittees on the basis of seniority. No committee member
would be assigned to a second subcommittee until all members were assigned to at least one
subcommittee, and no member would be assigned to a third subcommittee until all members were
assigned to two subcommittees.12 The Banking, Housing, and Urban Affairs Committee
prohibited members from sitting on more than three subcommittees and from chairing more than
one subcommittee. The Foreign Relations Committee prohibited members from sitting on more
than four subcommittees.
The Environment and Public Works Committee’s rule provided that the chair would appoint
subcommittee members after consulting the ranking minority member. The Finance Committee’s
rule stated explicitly that the ranking minority member would recommend to the chair the
appointment of minority members to subcommittees.
A rule of the Homeland Security and Governmental Affairs Committee specified that the chair
would consult the majority members and the ranking minority member before announcing
subcommittee assignments.
The Energy and Natural Resources Committee’s rule stated that the chair of the full committee,
upon consultation with the ranking minority member, would determine subcommittee sizes and
ratios.
11
For a listing of A, B, and C committees and an explanation of assignment limitations, see CRS Report 98-183, Senate
Committees: Categories and Rules for Committee Assignments, by (name redacted). For further explanation of the
subcommittee assignment process, see CRS Report 98-635, Assignments to Senate Subcommittees, by (name redacted).
12
Rules such as these implemented a sense of the Senate provision included in the Committee System Reorganization
Amendments of 1977. This provision appears as a standing order in § 83.3 of the Senate Manual.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
The rules for the Commerce, Science, and Transportation and Judiciary Committees stated that
subcommittees would be established de novo if a change in a chairmanship should occur. Under
both committees’ rules, seniority would “not necessarily apply.”
The Banking, Housing, and Urban Affairs and Intelligence Committees’ rules each had
requirements for the selection of chairs of subcommittees. The Banking, Housing, and Urban
Affairs Committee’s rules stated that no member of the committee could chair more than one
subcommittee. The Intelligence Committee’s rules stipulated that the chair and vice chair of the
full committee were responsible for choosing subcommittee chairs and vice chairs, respectively.13
Participation in Subcommittee Activities
Several committees’ rules explicitly allowed, or allowed and limited, committee members’
participation in hearings and meetings of subcommittees on which members did not serve. The
rules for the Agriculture, Nutrition, and Forestry; Energy and Natural Resources; and Judiciary
Committees allowed members of the full committee to sit with all subcommittees for meetings
and hearings; however, a committee member sitting with a subcommittee could not vote unless he
or she was a member of that subcommittee.
The Commerce, Science, and Transportation, Finance, and Homeland Security and Governmental
Affairs Committees had similar rules permitting members of the full committee to sit with any
subcommittee for a hearing. The Finance Committee rule explicitly allowed all committee
members to question witnesses. The Homeland Security and Governmental Affairs Committee
rule allowed committee members to question witnesses with the permission of the chair and
ranking minority member.
Without mentioning participation of committee members in hearings of subcommittees on which
they did not serve, the Banking, Housing, and Urban Affairs Committee’s subcommittee hearing
rule stated that only subcommittee members and professional staff authorized by the chair or
ranking minority member of the subcommittee could question witnesses.
Ex Officio Service
Senate Rule
A Senate rule permits the chairs and ranking minority members of committees to serve ex officio,
without vote, on their committees’ subcommittees. (Rule XXV, paragraph 4(b)(3).)
Committee Rules
The rules of the Agriculture, Nutrition, and Forestry and Appropriations Committees stated that
the chair and ranking minority member of the full committee served as ex officio members on the
committee’s subcommittees on which they did not serve; however, they were not allowed to vote
in or be counted toward a quorum of a subcommittee on which they served ex officio.
The rules of the Finance and Homeland Security and Governmental Affairs Committees
stipulated that the committee chair and ranking minority member served as ex officio members on
the committee’s subcommittees, although, as ex officio members, they were not allowed to vote
13
The standing order creating the Intelligence Committee authorized the committee to organize subcommittees and
provided that each subcommittee have a chair and vice chair, designated by the committee chair and vice chair,
respectively. The standing order, as amended, appears in § 81 of the Senate Manual.
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on subcommittees of which they were not members. The rule of the Foreign Relations Committee
stated that the committee chair and ranking minority member served, without voting privilege, on
all subcommittees.
Subcommittees’ Scheduling of Meetings and Hearings
Senate Rule
A Senate rule states that a committee or subcommittee may not meet after the two first hours that
the Senate has been in session or, when the Senate is in session, later than 2:00 p.m. Special
leave, however, may be granted by the majority leader and minority leader, followed by the
announcement of the leaders’ consent to the Senate.14 The Appropriations and Budget
Committees are exempt from the restriction in this rule. (Rule XXVI, paragraph 5(a).)
(See also, below, committees’ rules that explicitly apply or may apply to a committee’s
subcommittees: “Committee Meetings,” “Quorum Requirements,” “Open and Closed Meetings,”
“Hearing Procedures,” “Oversight,” “Markup Procedures,” and “Voting.”)
Committees’ Rules
On Avoiding Scheduling Conflicts
The rules for the Agriculture, Nutrition, and Forestry; Foreign Relations; and Health, Education,
Labor and Pensions Committees stated that subcommittees could not meet during meetings of the
full committee. Additionally, the Agriculture, Nutrition, and Forestry Committee’s rule specified
that there may be no more than one subcommittee business meeting at one time. The Health,
Education, Labor, and Pensions Committee’s rule stated that there may be no more than one
subcommittee markup meeting at one time.
The Energy and Natural Resources Committee prohibited a subcommittee from holding a hearing
during a full committee meeting but waived the prohibition for a field hearing. The committee
also allowed the prohibition to be waived by permission of a majority of the full committee.
The Finance Committee’s rule stated that subcommittee meetings could not be held when the full
committee was in executive session, except by unanimous consent. Additionally, no more than
one subcommittee could meet while the full committee was holding hearings, and no more than
two subcommittees could meet at one time. However, a subcommittee meeting during committee
hearings or two subcommittees meeting concurrently was allowed only upon the approval of the
chair and ranking minority member of the full committee and chair(s) and ranking minority
member(s) of the subcommittee or subcommittees proposing to meet. Under the rule, the staff
director was given responsibility for coordinating subcommittee meetings to insure that they
conformed to the committee’s rules.
14
The rule requires the majority leader or his designee to announce the time and place of each meeting to which he and
the minority leader have given their consent. More typically, a designee of the majority leader requests unanimous
consent that a list of committee meetings at the desk be approved. The Congressional Record reports a unanimous
consent request for each committee meeting on the list, showing the date, time, and location.
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On Scheduling Procedures and Quorums
Several committees had specific rules about how subcommittees could schedule meetings and
hearings. In order to avoid scheduling conflicts, the Armed Services Committee allowed the chair
of a subcommittee to schedule a meeting or hearing after consulting with the ranking minority
member of the subcommittee, the chair of the full committee, and the chairs of other
subcommittees. The Energy and Natural Resources Committee’s rule stated that hearings of the
committee’s subcommittees, except field hearings, could not be held concurrently with a
committee hearing or meeting, except by the approval of a majority of the committee. (See also,
below, “Field Hearings.”)
The Environment and Public Works Committee allowed subcommittee chairs to call meetings
with the concurrence of the full committee chair and after consulting the ranking minority
members of the committee and subcommittee. Another committee rule established a
subcommittee quorum to conduct business as a majority of the subcommittee’s members, one
member present being a minority member. (See also, below, “Quorum Requirements.”)
The rule of the Foreign Relations Committee provided that subcommittee meetings would be
scheduled after consultation with the committee chair, for the purpose of seeking to avoid
scheduling conflicts among subcommittees. The committee also had a rule stating that its
subcommittees could not hold hearings incurring expenses without receiving approval from the
committee chair or by decision of the committee unless funds had been specifically made
available by the Senate.
A rule of the Health, Education, Labor, and Pensions Committee required a majority of the
members of a subcommittee to be actually present to constitute a quorum to transact business.
(See also, below, “Quorum Requirements.”)
The Homeland Security and Governmental Affairs Committee’s rule subjected subcommittees to
chamber rules in allowing them to set their own quorum rules, and disallowed proxies to count
for a quorum. The committee also applied to subcommittees its rule prohibiting roll-call votes
unless the appropriate quorum was present. (See also, below, “Quorum Requirements.”)
Banking Committee Rule
The Banking, Housing, and Urban Affairs Committee’s rules included a provision applicable to
its subcommittees that was similar to Senate Rule XXVI, paragraph 3, regarding the scheduling
of special meetings. The committee’s rule allowed a majority of a subcommittee’s membership to
seek a “special meeting” when any three members of a subcommittee filed a written request for a
meeting with the committee. The clerk of the committee must then notify the chair of the
subcommittee. The chair has three calendar days to call the special meeting, which must be
scheduled within seven calendar days after the request is filed. If the chair does not act, a majority
of the subcommittee’s members may file a written notice in the committee office setting the date
and hour of the special meeting. If a majority files the notice, the committee clerk is required to
inform all subcommittee members of the meeting, which will be held on the date and time
identified in the notice. (See also, below, “Meetings Initiated by Committee Members.”)
Other Banking Committee rules applicable to its subcommittees’ meetings required three days’
notice of a markup but allowed a chair to hold the meeting earlier for “exigent circumstances.”
No hearings could be held outside of the District of Columbia without prior consultation with the
committee chair and the agreement of the subcommittee chair and ranking minority member or of
the subcommittee by majority vote. (See also, below, “Field Hearings.”) Subcommittees were
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also prohibited from undertaking an investigation unless authorized by the committee or the
Senate. (See also, below, “Investigations.”)
Presiding in Subcommittee
A rule of the Environment and Public Works Committee provided that, in the absence of a
subcommittee chair, the ranking majority member of the subcommittee would preside at a
meeting. The rule also allowed any committee member to preside at a hearing. (See also, below,
“Presiding Officer.”) Another committee rule established that a majority of subcommittee
members, at least one of whom is a member of the minority, constituted a quorum for business.
(See also, below, “Quorum Requirements.”)
Referral of Legislation to Subcommittees
Four committees had rules specifically covering the referral of legislation to the committees’
subcommittees.
The Finance Committee’s rule stated that all legislation would remain on the committee calendar
for consideration unless a majority of the members of the committee present and voting agreed to
refer a measure to an appropriate subcommittee. If the committee referred House-passed
legislation to a subcommittee, then the chair could limit the duration of the subcommittee’s
consideration. The rule stated that the period for subcommittee consideration of a House-passed
measure should be six weeks but that the time could be extended in the event of an “imminent”
adjournment or long recess. Once the time expired, the legislation would be restored to the full
committee calendar. Decisions of the chair were subject to approval or modification by a majority
vote of the committee.
Another committee rule provided that the Finance Committee chair would attempt to schedule
“reasonably frequent” meetings to permit consideration of legislation reported favorably from
subcommittees.
The Foreign Relations Committee’s rules stated that subcommittees would deal with legislation
and oversight as directed by the committee. Legislation or other matters could be referred to a
subcommittee at the discretion of the chair or by a vote of a majority of the committee. The chair
or the committee could refer legislation or a matter to more than one subcommittee when it fell
within the jurisdiction of more than one subcommittee.
The Intelligence Committee’s rules also stated that subcommittees would deal with legislation
and oversight as directed by the committee.
Except for matters retained by the full committee, the Judiciary Committee’s rule stated that the
chair would refer legislation to one or more subcommittees. A matter could also be retained by
the full committee and not referred to a subcommittee by agreement of the chair and ranking
minority member or by a majority vote of the committee.
Subcommittees’ Reporting or Discharge
A subcommittee may not report a measure or investigation directly to the Senate, unless
authorized by the Senate. A subcommittee reports to its parent committee.15 A number of
committees had specific rules for subcommittees reporting back to the full committee.
15
Riddick’s Senate Procedure, p. 1196.
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The Agriculture, Nutrition, and Forestry Committee’s rules stated that, if a subcommittee did not
report a measure to the full committee within a “reasonable time,” the chair of the full committee
could withdraw that measure from the subcommittee and report the action to the full committee
for further disposition. The committee could also discharge a subcommittee from further
consideration of a specific measure by a majority vote of the members present.
The Appropriations Committee’s rules stated that, “to the extent possible,” subcommittees’ bills
and reports must be given to each member of the full committee at least 36 hours before a
measure was considered by the full committee.
The Banking, Housing, and Urban Affairs Committee imposed on its subcommittees the
chamber’s rule on reporting. A majority of a subcommittee needed to be actually present to
report, and the vote to report needed the concurrence of a majority of the members present. A rollcall vote on a matter other than reporting was disallowed, unless a majority of the subcommittee
was present. If a roll-call vote was taken, absent members could cast votes by proxy if the proxy
was “sufficiently clear” as to the subject and the member’s position. Proxies must be requested or
withdrawn by written notice; they were to be retained in committee files. (See also, below, the
Banking Committee’s rules applicable to voting: “Voting.”)
The Finance Committee’s rules had a specific provision on discharging legislation from a
subcommittee. A committee rule stated that the full committee could discharge a subcommittee
from further consideration of a piece of legislation at any time by majority vote of the members
present.
A rule of the Health, Education, Labor, and Pensions Committee provided that, if a subcommittee
did not report a measure to the full committee in a “reasonable time,” the chair of the full
committee could withdraw the measure from the subcommittee and report this action to the
committee.
The Health, Education, Labor, and Pensions Committee also had a specific quorum requirement
for subcommittees to report legislation to the full committee. The committee’s rule stated that no
measure or matter could be reported to the committee unless a majority of the subcommittee’s
members, including at least one member of the minority who was a subcommittee member, was
present. In the event that a measure or matter could not be ordered reported because of the
absence of a minority member, the measure or matter must lay over for a day. If the presence of a
member of the minority was not then obtained, a majority of the subcommittee’s members
actually present could order the measure or matter reported. (See also, below, “Quorum
Requirements.”)
The Judiciary Committee’s rule stated that, if all members of a subcommittee consented, a
measure or matter could be reported to the committee by polling subcommittee members. A
majority of the members who voted must have voted affirmatively. (See also, below, “Polling.”)
The Homeland Security and Governmental Affairs Committee rules stated that a subcommittee
chair must notify the committee chair in writing whenever a measure had been ordered reported.
Draft reports must conform to the form, style, and arrangement required by the Standing Rules of
the Senate and be filed with the committee clerk at the earliest practicable time. (See also, below,
“Reports.”) Committee proxy rules also applied to subcommittee voting (see, below, “Proxy
Voting”). See the relevant note to Table 6 concerning subcommittees’ authorization of subpoenas.
Another rule of the committee specified that when a subcommittee authorized a subpoena under
its own rules, the subcommittee must notify the committee’s chair and ranking minority member
(or staff members designated by them) in writing. The subpoena could not be issued for at least
48 hours, excluding Saturdays and Sundays, unless the chair and ranking minority member
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waived the delay or the subcommittee chair certified to the committee chair and ranking minority
member that it was necessary to issue the subpoena immediately. (See also, below, “Subpoenas.”)
Committee Meetings
Senate Rules
A Senate rule states the committees’ and subcommittees’ morning meetings must be scheduled in
one of two time periods or for both time periods. The first time period ends at 11:00 a.m. The
second time period begins at 11:00 a.m. and ends at 2:00 p.m.16 (Rule XXVI, paragraph 6.)
Another Senate rule states that a committee or subcommittee may not meet after the two first
hours that the Senate has been in session or, when the Senate is in session, later than 2:00 p.m.
Special leave, however, may be granted by the majority leader and minority leader, followed by
the announcement of the leaders’ consent to the Senate.17 The Appropriations and Budget
Committees are exempt from the restriction in this rule. (Rule XXVI, paragraph 5(a).)
Regular Meeting Days
Senate Rule
A Senate rule requires each standing committee, except the Committee on Appropriations, to
establish a regular meeting day—weekly, biweekly, or monthly. (Rule XXVI, paragraph 3.)
Explanation of Table 1: Regular Meeting Days, Senate Committees’ Rules,
114th Congress
Table 1 compares committee rules on regularly scheduled meetings in the 114th Congress across
the 16 standing Senate committees and the 2 additional permanent Senate committees with
legislative authority. The 16 standing committees are listed in alphabetical order in the left-most
column, and the 2 additional permanent committees are listed below. The 3 rows of the heading
contain key terms describing the committees’ rules, as explained immediately below. A check in a
box indicates that a committee adopted a rule or a closely related variation on it. An empty box
indicates that a committee did not address that subject in its rules. Certain checks and boxes are
footnoted to offer additional detail on a particular committee’s rule. In some cases, a single
footnote is used to give the same additional detail for the rule of more than one committee.
16
The Committee System Reorganization Amendments of 1977 authorized the Rules and Administration Committee,
in consultation with the majority and minority leaders, to establish a computerized committee, subcommittee, and joint
committee scheduling system. Committees and subcommittees were directed to notify an office designated by the Rules
Committee of meetings scheduled and canceled. This provision appears as a standing order in § 83.4 of the Senate
Manual. The Office of the Senate Daily Digest is the office designated under this authority. See, for example, the
explanation and example at “Senate Committee Meetings,” Extension of Remarks, Congressional Record, daily
edition, vol. 162 (September 14, 2016), p. E1278.
17
The rule requires the majority leader or his designee to announce the time and place of each meeting to which he and
the minority leader have given their consent. More typically, a designee of the majority leader requests unanimous
consent that a list of committee meetings be approved, without reading the specific committees and meetings on the
list. The Congressional Record reports a unanimous consent request for each committee meeting on the list, showing
the date, time, and location.
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The following list explains the headings in Table 1:
Day refers to the day of the week that a committee rule established as the
committee’s regular meeting day. The numbers in the third row of the heading
indicate, for example, the first Tuesday of the month, second Tuesday of the
month, etc. Committees with a check in every box for one weekday could meet
weekly.
Time refers to the time of day on which a regular meeting occurs for those
committees that specified a meeting time in their rules.
Meet Only When in Session refers to committees that provided in their rules that
the regular meeting would be held only if a regular meeting day falls on a day
when the Senate is in session.
Chair May Direct Otherwise refers to the authority of the chair of a committee to
cancel or to change the date or time of the committee’s regular meeting at his or
her discretion.
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Table 1. Regular Meeting Days, Senate Committees’ Rules, 114th Congress
(day, time, and chair’s discretion to change a regular meeting)
Day
Tuesday
Committee
1st
2nd
3rd
Wednesday
4th
Agriculture, Nutrition, &
Forestry
1st
2nd
✓
3rd
Thursday
4th
1st
2nd
3rd
4th
Time
✓
Meet Only
When in Session
✓
Appropriations
Armed Services
Chair May Direct
Otherwise
a
✓b
✓
✓
Banking, Housing, & Urban
Affairs
✓
✓
✓
✓
✓
✓
Budget
✓
✓c
✓
✓d
✓
✓e
✓
Commerce, Science, &
Transportation
✓
✓
Energy & Natural Resources
✓
Environment & Public Works
✓f
Finance
✓f
Foreign Relations
✓
✓
✓f
✓
✓
✓
Health, Education, Labor, &
Pensions
Homeland Security &
Governmental Affairs
✓
10 a.m.
✓
✓
Judiciary
✓
Rules & Administration
Small Business &
Entrepreneurship
CRS-13
10 a.m.
✓f
✓
✓
✓
✓
10 a.m.
✓
✓
✓
✓
10 a.m.
✓
✓
✓
Day
Tuesday
Committee
1st
2nd
3rd
Wednesday
4th
1st
Veterans’ Affairs
✓
Indian Affairs
g
Intelligence
✓h
2nd
3rd
Thursday
4th
1st
2nd
3rd
4th
Time
Meet Only
When in Session
Chair May Direct
Otherwise
✓
g
✓
✓
Source: Prepared by the authors based on a review of Senate committees’ rules, 114 th Congress.
a. Exempted from the rule requiring a regular meeting day; the committee rule provided that the committee meet at the call of the chair.
b. The committee must meet at least once a month when the Senate is in session.
c. The chair could change a regular meeting after consulting the ranking minority member.
d. The committee was not required to meet on the regular meeting day if it met previously during the month. This decision was at the discretion of the chair.
e. The chair could set another day for the “convenience of Members.”
f.
The regular committee meeting should be canceled if there is no business before the committee.
g.
“... shall meet Wednesday/Thursday ...”
h. The committee’s rule stated that the regular meeting day would be “every other Tuesday of each month.”
CRS-14
✓e
✓
Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Additional Committee Meetings
Senate Rule
A Senate rule authorizes each committee chair to call additional meetings “as [the chair] may
deem necessary.” (Rule XXVI, paragraph 3.)
(See also, above, “Subcommittees’ Scheduling of Meetings and Hearings.”)
Notice of Meetings
On Adding Agenda Items
A rule of the Energy and Natural Resources Committee allowed a committee member through a
written request to the chair to place legislation, a nomination, or another matter on the agenda of
the committee’s next business meeting. The request must be made at least one week prior to the
meeting. The rule also stated that the chair could place legislation, a nomination, or another
matter on the committee’s agenda in the absence of a request. Once an agenda was published,
three days before a meeting, no item could be added except by approval of a majority of
members. The rule required the committee staff director to promptly notify absent members of
action taken by the committee on any matter not on the published agenda.
The Finance Committee’s rules stated that notification of a meeting must include a written agenda
and materials related to it prepared by the committee staff. After the notice of a meeting had been
distributed, items not germane to the agenda may be considered only if two-thirds of the members
present at the meeting agreed to their consideration.
The Rules and Administration Committee’s rules indicated that agendas for meetings must be sent
to committee members and made available to the public at least one day prior to the meeting. The
agenda should list separate items of legislative and committee business. Members were permitted
to discuss “appropriate” non-agenda topics during a committee meeting. Another rule provided
that, after the chair and ranking minority member, speaking order would be by order of members’
arrival unless the chair directed otherwise.
A rule of the Indian Affairs Committee stated that a legislative measure or subject must be
included in a meeting agenda if a member filed a written request with the chair of the committee
at least one week prior to a meeting. The rule also provided that this right did not limit the chair’s
authority to add an item to the agenda. If action was taken on an item not on the published
agenda, the clerk must promptly notify all members who were absent from the meeting.
On Late Notices
The Homeland Security and Governmental Affairs and Veterans’ Affairs Committees’ rules stated
that written notices of meetings, which may be in electronic form, must be accompanied by an
agenda of the items to be considered at the meeting. If the notice and agenda are not able to be
provided to committee members in the required time frame due to “unforeseen requirements or
committee business,” then the notice, agenda, and any revisions to the agenda must be
communicated to committee members as soon as possible. The Homeland Security and
Governmental Affairs Committee’s rules specified that communication of the agenda could be
done via telephone or other means in these circumstances. The Veterans’ Affairs Committee’s
rules stated that a late notice could be given by the quickest appropriate means. Both committees’
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rules noted that the appropriate staff assistants of committee members could also be notified of a
meeting and its agenda.
The Veterans’ Affairs Committee’s rule required the committee to notify the Office of the Senate
Daily Digest of its scheduling or cancellation of a meeting.
On Postponing Agenda Items
The Judiciary Committee had a provision in its rules that permitted any member, or the chair on
his or her own initiative, to postpone any measure, nomination, or other matter on the
committee’s agenda until the next meeting or for one week, whichever occurred later.
On Parliamentary Formalities
A rule of the Foreign Relations Committee provided that committee proceedings in meetings on
legislation, nominations, or other matters were to be conducted “without resort to the formalities
of parliamentary procedure and with due regard for the views of all members.” Issues in
procedure were to be resolved by the chair, in consultation with the ranking minority member.
The chair, in consultation with the ranking minority member, could also propose special
procedures for the committee’s consideration of a specific matter.
On the Relationship of the Chair and Ranking Minority Member
A unique rule of the Homeland Security and Governmental Affairs Committee directed the chair
and ranking minority member to “keep each other apprised of hearings, investigations, and other
Committee business.”
On Staff Preparation for Meetings
The Intelligence Committee’s rules stated that committee staff members designated by the chair
and vice chair must brief committee members to assist the members in preparing for a meeting
and determining the agenda. For a briefing, a member could request a list of all materials
pertinent to the meeting that the committee had obtained. The rules also instructed the staff
director and minority staff director to recommend “testimony, papers, and other materials” that
the chair and vice chair could present at a meeting.
Explanation of Table 2: Additional Meeting Requirements, Senate
Committees’ Rules, 114th Congress
Table 2 compares committees’ rules on the scheduling of additional and special meetings in the
114th Congress across the 16 standing Senate committees and the 2 additional permanent Senate
committees with legislative authority. The 16 standing committees are listed in alphabetical order
in the left-most column, and the 2 additional permanent committees are listed below. The 2 rows
of the heading contain key terms describing the committees’ rules, as explained immediately
below. A check in a box indicates that a committee adopted a rule or a closely related variation on
it. An empty box indicates that a committee did not address that subject in its rules. Certain
checks and boxes are footnoted to offer additional detail on a particular committee’s rule. In some
cases, a single footnote is used to give the same additional detail for the rule of more than one
committee. (See additional information on committees’ rules for markups in Table 7.)
The following list explains the headings in Table 2:
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Additional Meetings refers to whether the chair or, alternately, the chair after
consultation with the ranking minority member could call an additional meeting
of the committee.
Special Meeting refers to the authority of committee members to force additional
meetings. (For further explanation of the Senate rule, see, below, “Meetings
Initiated by Committee Members.”)
Notice Requirements refers to the time requirements for advance distribution of a
meeting notice.
Time refers to the amount of time in advance of an additional committee meeting
that committee members must be notified of the meeting.
Agenda refers to whether or not a committee’s rules required a meeting agenda in
addition to prior notification of a meeting. Unless otherwise noted, the time
requirement for a meeting agenda was identical to the time requirement for a
meeting notification.
Table 2. Additional Meeting Requirements, Senate Committees’ Rules,
114th Congress
(scheduling authority and notice requirements)
Additional Meetings
Committee
Chair
Chair after Consulting with
Ranking Minority Member
Agriculture,
Nutrition, &
Forestry
Appropriations
Notice Requirements
Special Meetingsa
Time
✓
✓
✓
✓
Agenda
24 hoursb; 48 hours
if not in DCb
✓
Armed Services
Banking, Housing, &
Urban Affairs
Budget
✓
Commerce, Science,
& Transportation
✓
Energy & Natural
Resources
✓
✓
Finance
✓e
✓
Health, Education,
Labor, & Pensions
✓
Homeland Security
& Governmental
Affairs
✓
Judiciary
✓
Congressional Research Service
✓
3 days
✓v
72 hoursc
✓d
✓
48 hoursf
✓g
✓
1 weekh
✓
Environment &
Public Works
Foreign Relations
72 hours
1 weeki
n
✓
5 daysj,k,l
✓m
✓
3 days
✓o
17
Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Additional Meetings
Committee
Chair
Chair after Consulting with
Ranking Minority Member
Notice Requirements
Special Meetingsa
Time
Agenda
✓q
Rules &
Administration
✓
✓
1 weekp
Small Business &
Entrepreneurship
✓
✓
3 business days
Veterans’ Affairs
✓r
✓
72 hourss,l,t
✓
Indian Affairs
✓
3 daysu
✓d,v
24 hoursb; 48 hours
if not in DCb
y
Intelligence
✓w
x
Source: Prepared by the authors based on a review of Senate committees’ rules, 114 th Congress.
a. Committee rules by quotation or reference provided that a special meeting may be called by a majority of
the members of the committee, pursuant to the provisions of Rule XXVI, paragraph 3. The rule nonetheless
applies to all committees.
b. “... except in extraordinary circumstances ...”
c. If 72 hours’ notice would expire on a weekend day, notice must be provided by close of business on Friday
preceding the weekend. The rule also stated that the chair of the committee or a subcommittee, with the
concurrence, respectively, of the committee or subcommittee ranking minority member, could change
notice and filing requirements to “meet special circumstances.”
d. The rule indicated that the text of agenda items must also be provided.
e. The ranking majority member of the committee may call a meeting in the absence of the chair, provided the
chair delegated authority to do so to that member.
f.
Unless an “emergency situation,” as determined by the chair, required a meeting to be scheduled on
shorter notice.
g. Materials prepared by committee staff relating to the agenda must accompany the agenda. After notice, a
nongermane agenda item could be considered only if two-thirds of members present agreed to its
consideration.
h. Unless the chair in consultation with the ranking minority member determined there was good cause to
begin the meeting sooner.
i.
For markup sessions, the text of any bill or joint resolution must be distributed electronically.
j.
If the five-day minimum for advance notice could not be achieved, members of the committee must be
contacted by telephone or otherwise “as soon as practicable” about the meeting and agenda or revisions to
the agenda.
k. Not including Saturdays, Sundays, and federal holidays when the Senate was not in session.
l.
Notification could be by electronic message.
m. In the event that the meeting agenda was not timely delivered, it must be delivered to the members of the
committee as soon as possible.
n.
“... or in the alternative with the consent of the Ranking Minority Member[.]” This rule required the
consent of the ranking minority member, not a consultation between the chair and ranking minority
member.
o. At the request of any member or at the initiative of the chair, any measure, nomination, or other matter on
the committee’s agenda could be postponed until the next meeting or for one week, whichever occurred
later.
p. Committee staff would telephone or email a reminder to members of the committee or appropriate staff.
q. Meeting agendas required only one-day advance notice. At a meeting, any member could discuss any
“appropriate non-agenda item.”
r. An additional meeting could also be scheduled following a majority vote of the committee.
s. Not including Saturdays, Sundays, and federal holidays.
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t.
u.
v.
w.
x.
y.
If the 72-hour notice was not achievable, members of the committee should be contacted by the quickest
means possible and furnished with an agenda prior to the meeting.
Notice may be by email, but a paper copy must be provided to a member on request.
After the agenda was published, items could not be added except by approval of a majority of the
committee. (See, above, “On Adding Agenda Items.”)
The committee’s rule allowed the chair to delegate this authority to another committee member.
The committee’s rule repeated the Senate rule allowing members to initiate the call of a meeting but
required five rather than three members to request a special meeting; if the chair did not call a meeting
within seven days, these five members could file a written notice with the clerk calling the meeting.
Although the committee’s rules do not specifically mention an agenda, staff were directed to brief members
in advance of a meeting to prepare them for it. (See, immediately above, “On Staff Preparation for
Meetings.”)
Meetings Initiated by Committee Members
Senate Rule
Rule XXVI, paragraph 3 allows a majority of a committee’s membership to initiate the convening
of a “special meeting.” Under this rule, any three members of a committee may seek a special
meeting by filing in the committee office a written request to the chair for a meeting. The clerk
then notifies the chair. The chair has three calendar days to call the special meeting, which must
be scheduled within seven calendar days after the request is filed. If the chair does not call the
meeting, a majority of committee members may file a written notice in the committee office
setting the date and hour of the special meeting. If a majority files the notice, the committee clerk
is required to inform all committee members of the meeting, which is then held on the date and
time identified in the notice.
Committees’ Rules
As shown in Table 2, the Senate rule is reflected in many committees’ rules. The rules of the
Agriculture, Nutrition, and Forestry; Foreign Relations; Homeland Security and Governmental
Affairs; and Small Business and Entrepreneurship Committees repeated the Senate rule’s
procedure for special meetings. The Intelligence Committee also repeated the Senate rule in its
rules but required five members to make a request and allowed the same five members to call a
meeting if the chair had not responded. The rules of the Armed Services; Commerce, Science, and
Transportation; Finance; Judiciary; Rules and Administration; and Veterans’ Affairs Committees
referenced the Senate rule.
Adjournment
Rules of the Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions
Committees allowed the committee or a subcommittee chair to adjourn a meeting if a quorum
was not present within 15 minutes of the scheduled meeting time.
Presiding Officer
Senate Rule
If the chair of a committee is not present at a regular, additional, or special meeting, the ranking
majority member present presides (Rule XXVI, paragraph 3).
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Committees’ Rules
The Armed Services Committee’s rules stated that the chair of the committee was the presiding
officer at all committee meetings and hearings. In the event of the chair’s absence, the ranking
majority member present at the meeting or hearing was to preside, unless the committee decided
otherwise by majority vote.
The Environment and Public Works; Finance; and Veterans’ Affairs Committees’ rules designated
the chair of the committee as the presiding officer at all committee meetings. In the event of the
chair’s absence, the ranking majority member present at the meeting was to preside. The rules of
both the Environment and Public Works Committee and the Finance Committee allowed any
member to chair a hearing. The rule of the Veterans’ Affairs Committee authorized the chair to
appoint a member to act in his or her stead.
In addition to providing that the chair or ranking majority member presides at committee or
subcommittee meetings, the rule of the Health, Education, Labor, and Pensions Committee
allowed the committee or a subcommittee chair to designate the ranking minority member to
preside at committee or subcommittee hearings, respectively.
The Homeland Security and Governmental Affairs Committee’s rule stated that the chair of the
committee was the presiding officer at all committee meetings and hearings. In the event of the
chair’s absence, the chair was to designate a temporary chair. In the event that the chair or the
designated member had not arrived within 10 minutes after the scheduled start of a meeting or
hearing, the ranking majority member present was to preside until the chair’s arrival. In the event
that there was not a majority member present, the ranking minority member present, with prior
approval of the chair, could preside until a member of the majority arrived.
A rule of the Small Business and Entrepreneurship Committee provided that the chair would
designate another member to preside in the chair’s absence at a meeting or hearing and authorized
the ranking minority member to designate a minority member to act in the ranking minority
member’s stead at a meeting or hearing. The clerk was to be notified of such a designation.
The rule of the Intelligence Committee implemented the standing order18 creating the committee
to provide that the chair, selected by the Senate majority leader, presided but, in the chair’s
absence, the vice chair of the committee, selected by the Senate minority leader, presided. If
neither the chair nor the vice chair was present, the ranking majority-party member present would
preside. If no majority-party member was present, the ranking minority-party member would
preside.
Display Materials
A rule of the Budget Committee limited display of graphic materials (charts, photographs, or
renderings) at meetings and hearings. The items were limited in size and in location in the room.
A member’s graphic materials could be displayed only while the member was speaking; only two
items could be displayed at one time. (Also see the rule on exhibits of the Environment and
Public Works Committee, under “Witnesses’ Written Testimony.”)
18
The standing order, as amended, appears in § 81 of the Senate Manual.
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Quorum Requirements
Senate Rules
Senate committees and subcommittees are authorized to fix the number of members who
constitute a quorum for the transaction of business. This number may not be less than one-third of
the membership. Committees and subcommittees, however, may establish a number less than
one-third to constitute a quorum for the purpose of taking sworn testimony.19 (Rule XXVI,
paragraph 7(a).)
A committee may not report a measure or matter unless a majority of the committee is “physically
present.” (Rule XXVI, paragraph 7(a).) A rule requiring that a vote to report a measure appear in
the committee report on that measure also provides that the rule does not curtail the power of a
committee to adopt rules allowing a lesser quorum on an action other than reporting a measure or
matter. (Rule XXVI, paragraph 7(c).)
Committees’ Rules
Under Senate precedents, proxies may not be used to establish a quorum.20 The Armed Services;
Budget; Commerce, Science, and Transportation; Energy and Natural Resources; Homeland
Security and Governmental Affairs; Rules and Administration; Small Business and
Entrepreneurship; Indian Affairs; and Intelligence Committees specifically disallowed proxies
from being counted in establishing a quorum.
(See also, above, “On Scheduling Procedures and Quorums” related to committees’ rules for their
subcommittees.)
Explanation of Table 3: Committee Quorum Requirements, Senate
Committees’ Rules, 114th Congress
Table 3 compares committees’ rules in the 114th Congress on the quorum requirements across the
16 standing Senate committees and the 2 additional permanent Senate committees with legislative
authority. The 16 standing committees are listed in alphabetical order in the left-most column, and
the 2 additional permanent committees are listed below. The first 2 rows of the heading contain
key terms describing the committees’ rules, as explained immediately below. A check in a box
indicates that a committee adopted a rule or a closely related variation on it. An empty box
indicates that a committee did not address that subject in its rules. Certain checks and boxes are
footnoted to offer additional detail on a particular committee’s rule. In some cases, a single
footnote is used to give additional detail for the same rule of more than one committee.
The following list explains the headings in Table 3:
Testimony refers to the number of committee members composing a quorum to
take testimony. Some committees specified that different quorums were needed
to receive sworn and unsworn testimony; others had only one quorum
requirement for testimony.
19
See CRS Report 98-775, Quorum Requirements in the Senate: Committee and Chamber, coordinated by (name reda
cted) .
20
Riddick’s Senate Procedure, p. 410.
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Business refers to the number of committee members composing a quorum to
conduct business.
Reporting refers to the number of committee members composing a quorum to
report measures or matters to the Senate.
Table 3. Committee Quorum Requirements, Senate Committees’ Rules,
114th Congress
(testimony, business, and reporting)
Testimony
Committee
Sworn
Agriculture, Nutrition, &
Forestry
Unsworn
1
Appropriations
3c
Armed Services
3d,e
1
Business
Reporting
1/3a
Majorityb
1/3
Majority
9d or Majority
Majority
Banking, Housing, & Urban
Affairs
1f
Majorityg
Majorityb
Budget
1
1/3
Majority
1/3h
Majorityd
Commerce, Science, &
Transportation
1
Energy & Natural
Resources
1
8
12
Environment & Public
Works
1
7i,j,k
Majority
Finance
1
1/3a
Majorityb
Foreign Relations
1
1/3a
Majoritya,b
1/3l,o
Majorityp
1/3d
Majorityb
7 r, 9 s
Majorityb
1/3u
Majority
Health, Education, Labor,
& Pensions
3l,m
Homeland Security &
Governmental Affairsq
1n
1
Judiciary
1
Rules & Administration
2t
1
Small Business &
Entrepreneurship
1
1/3d,u
Majority
Veterans’ Affairs
1
5d,v
8
Indian Affairs
1
Majorityw
Majorityx
Intelligence
1
1/3y
Majorityb
Source: Prepared by the authors based on a review of Senate committees’ rules, 114 th Congress.
a. Included one majority member and one minority member.
b. Required a majority to be actually present and a majority of those present to concur.
c. A subcommittee required only one member for a quorum to take sworn testimony.
d. Included one minority member.
e. Unless otherwise ordered by a majority of the full committee.
f.
Unless otherwise provided by Senate rules or committee order.
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g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
A markup session of the committee or a subcommittee could not be called to order unless a majority was
actually present.
The committee required a majority of members, at least one of whom was a minority member, for
committee authorization of subpoenas when the chair and ranking minority member did not concur. (See
“Subpoenas,” below.)
Included two minority members.
Once a quorum had been established, the committee or subcommittee could continue to conduct business.
Also the quorum to approve a subpoena or a committee resolution.
Any quorum of less than a majority of the committee must include one majority member and one minority
member.
Quorum requirement of three members also applied for a witness appearing pursuant to a subpoena. By
concurrence of the chair and ranking minority member, one committee member could take testimony of
sworn witnesses and those appearing pursuant to a subpoena.
For one member to constitute a quorum, the chair of the committee or subcommittee must first have
granted approval.
Subcommittees required a majority of subcommittee members for a quorum.
Although the committee’s rule on reporting by the committee followed the Senate’s rule, the committee
had a specific rule applicable to subcommittee reporting. (See, above, “Subcommittees’ Reporting or
Discharge.”)
Subcommittees could establish their own quorums.
Constituted a quorum for the discussion of business.
Constituted a quorum for the transaction of business when the number included two minority members.
Once a quorum was established, one member could continue to take sworn testimony.
Specifically allowed for action on amendments.
If business could not be transacted due to the absence of a minority member needed to establish a quorum,
the matter being considered laid over for one calendar day. If the presence of a minority member was not
then obtained, business could be transacted by the appropriate quorum.
A quorum was presumed unless the absence of a quorum was noted by a member.
The committee rule allowed a measure to be reported without a recorded vote, unless a member objected.
“... decisions of the Committee shall be by a majority vote of the members present and voting.”
Attendance
Member Attendance
The Agriculture, Nutrition, and Forestry and Judiciary Committees each had a rule on the
attendance of members in committee and subcommittee business meetings and hearings. The
rules stated that official attendance would be kept of all markup and executive sessions
(Agriculture) and business meetings (Judiciary) by the committee or subcommittee clerk,
respectively. However, attendance would be taken for hearings only if the chair and ranking
minority member of the committee or respective subcommittee notified members at least 48
hours in advance that attendance would be taken.
Rules of the Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions
Committees allowed the committee or a subcommittee chair to adjourn a meeting if a quorum
was not present within 15 minutes of the scheduled meeting time. (See also, above,
“Adjournment.”)
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Staff Attendance
At Closed Meetings
The Appropriations; Foreign Relations; and Health, Education, Labor, and Pensions Committees
had rules regarding the attendance of professional staff members in closed sessions. The
Appropriations Committee allowed the attendance of a committee staff member in a closed
session only if the staff member had “a responsibility associated with the matter being
considered”; this rule could be waived by unanimous consent.
The Foreign Relations Committee had separate rules on staff attendance at open and closed
meetings. Each committee member was allowed to have one personal staff member accompany
the Senator to committee meetings and be seated nearby. The chair or ranking minority member
could authorize the attendance and seating of a staff member when the committee member was
not present at a meeting or hearing. Each committee member could also designate personal staff
holding, at a minimum, a top secret security clearance to attend closed sessions.21 In addition, the
majority leader and minority leader were each permitted to designate one member of their
respective staffs, holding, at a minimum, a top secret security clearance, to attend closed
sessions.22 Staff members of Senators not serving on the committee were not allowed to attend
closed sessions.
The majority and minority staff directors of the Foreign Relations Committee were to designate
committee staff permitted to attend committee meetings. In addition, the committee could limit
staff attendance at specific meetings by majority vote or by concurrence of the chair and ranking
minority member.
The Health, Education, Labor, and Pensions Committee allowed committee staff and designated
assistants to members of the committee to attend closed meetings. Other staff would be allowed
by a decision of the committee or subcommittee chair.
(See also the discussion of Intelligence Committee rules on classified testimony and materials,
below, “Rules of the Intelligence Committee.”)
Present on Dais
The Banking, Housing, and Urban Affairs Committee restricted staff access to the dais at
committee hearings. The committee’s clerk was allowed on the dais, and each committee member
could have one staff member accompany the member at an open or executive hearing. A member
wishing to have a second staff member on the dais must make a request to the chair.
Open and Closed Meetings
Senate Rules
Senate committee and subcommittee meetings, including hearings, must be open to the public.
(Rule XXVI, paragraph 5(b).)
21
Other rules of the committee dealing with transcripts of closed sessions, classified information, and nondisclosure
(Rules XII, XIII, and XIV) imposed additional conditions on staff attendance at closed sessions. The Intelligence
Committee imposed conditions on its staff in its Rule X.
22
Subject to the same additional conditions imposed on committee members’ personal staff under committee rules.
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A committee or subcommittee, however, may close a meeting or series of meetings on the “same
subject” for up to 14 days, but only for 1 of 6 reasons. A motion must first be made and seconded
for the committee or subcommittee to go into closed session to discuss whether the matters to be
deliberated or the testimony to be taken requires the meeting to be closed. A record vote
supported by a majority of the members of the committee or subcommittee then must occur in
open session on a motion to close the meeting. The six reasons enumerated in Rule XXVI,
paragraph 5(b) allowing a meeting to be closed are—
“matters necessary to be kept secret in the interests of national defense or the
confidential conduct of the foreign relations of the United States” will be
disclosed;
matters related solely to committee staff or staff management and procedure will
be discussed;
deliberations or testimony “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”;
“the identity of any informer or law enforcement agent or ... 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” will be revealed;
deliberations or testimony “will disclose information relating to trade secrets of
financial or commercial information pertaining specifically to a given person” if
an act of Congress requires government officials to keep the information
confidential or if the information was provided confidentially to the government
(other than by an application of the person for a government financial or other
benefit) and is required to be kept secret to “prevent undue injury to the
competitive position” of the person; and
matters required by other provisions of law or regulation to be kept confidential
may be disclosed.
Committees’ Rules
The Agriculture, Nutrition, and Forestry; Energy and Natural Resources; Environment and Public
Works; Health, Education, Labor, and Pensions; Veterans’ Affairs; and Intelligence Committees’
rules required open meetings, but they did so by referencing by citation or summary the Senate
rule on open and closed meetings.
The Armed Services; Budget; Commerce, Science, and Transportation; Foreign Relations;
Homeland Security and Governmental Affairs; and Rules and Administration Committees
essentially repeated the Senate rule in their committee rules.
The Finance Committee referenced the Senate rule in regard to its hearings. The Indian Affairs
Committee’s rule provided that a meeting or hearing could be closed by a majority vote.
A unique rule of the Foreign Relations Committee allowed a witness called to testify to submit a
written request to the chair, not less than 24 hours in advance of appearing, for testimony to be
given in open or closed session or for another procedure. The rule provided the chair with
discretion to grant the request but required the chair to notify committee members of the request
and its disposition. (See, below, “Confidential and Classified Testimony and Materials.”)
(See also, above, “Staff Attendance.”)
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Disorder in Meetings
Senate Rule
A Senate rule directs the chair of a committee meeting, which is open to the public, to enforce
order on the chair’s own initiative and without a point of order being made. The rule condemns
disorder and also demonstrations of approval or disapproval “indulged in by any person in
attendance.” If “necessary to maintain order,” the chair is authorized to clear the meeting room.
The committee is then authorized to act in closed session “for so long as there is doubt of the
assurance of order.” (Rule XXVI, paragraph 5(d).)
Committees’ Rules
The Finance Committee had a rule on audience decorum at open hearings. Those in attendance
were to conduct themselves with “dignity, decorum, courtesy, and propriety traditionally observed
by the Senate.” Acts of approval or disapproval were not allowed. Persons engaging in disruptive
and other disorderly behavior were to be expelled.
The Health, Education, Labor, and Pensions and Veterans’ Affairs Committees referenced the
Senate rule in their rules on open and closed meetings. The Homeland Security and
Governmental Affairs Committee included the Senate rule in its rules on open and closed
meetings and hearings.
Broadcasting
Senate Rule
Any hearing that is open to the public may be broadcast by radio or television pursuant to rules
that a committee or subcommittee may adopt. (Rule XXVI, paragraph 5(c).)
Explanation of Table 4: Meeting and Hearing Broadcasting Requirements,
Senate Committees’ Rules, 114th Congress
Table 4 compares committees’ rules in the 114th Congress on the broadcasting requirements
across the 16 standing Senate committees and the 2 additional permanent Senate committees with
legislative authority. The 16 standing committees are listed in alphabetical order in the left-most
column, and the 2 additional permanent committees are listed below. The 2 rows of the heading
contain key terms describing the committees’ rules, as explained immediately below. A check in
the box indicates that a committee adopted a rule or a closely related variation on it. An empty
box indicates that a committee did not address that subject in its rules. Certain checks and boxes
are footnoted to offer additional detail on a particular committee’s rule. In some cases, a single
footnote is used to give the same additional detail for the rule of more than one committee.
The following list explains the headings in Table 4:
Media Type refers to the type of broadcasting or recording specified in a
committee’s rule.
Authorization refers to who may authorize broadcasting of a meeting or hearing.
Notification refers to the time in advance that an intent to broadcast a meeting or
hearing must be filed with the committee clerk.
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Table 4. Meeting and Hearing Broadcasting Requirements, Senate Committees’
Rules, 114th Congress
(media type, authorization, notification)
Media Type
Television
Radio
Still
Photography
✓
✓
✓
Other or
Unspecified
Authorization
Notification
Agriculture, Nutrition, &
Forestry
Appropriations
a
Armed Services
Banking, Housing, & Urban
Affairs
Budget
Commerce, Science, &
Transportation
✓
Energy & Natural
Resources
✓b
✓
Environment & Public
Works
✓b
✓
Financed
✓e,f
✓
✓g
✓g
Small Business &
Entrepreneurship
✓b
✓
Veterans’ Affairs
✓b
✓
Indian Affairs
✓b
✓
✓
✓
Chair and
ranking minority
member
✓c
5 p.m. of day
prior
✓
Chair
Noon of day
prior
✓
Chairh
5 p.m. of day
prior
✓
✓
i
✓
✓
Foreign Relations
Health, Education, Labor, &
Pensions
Homeland Security &
Governmental Affairs
✓g
Judiciary
Rules & Administration
Intelligence
Source: Prepared by the authors based on a review of Senate committee rules, 114 th Congress.
a. Any member could object to the broadcasting or photographing of a committee or subcommittee hearing.
In the event of an objection, the matter would be referred to the committee for decision.
b. Equipment used cannot interfere with the seating, vision, or hearing of committee members and staff on the
dais or disrupt the orderly process of the meeting or hearing.
c. The committee’s rule included webcasting.
d. The rule appeared only with the committee’s rule on hearings.
e. Broadcasting is to be conducted “unobtrusively” and by adherence to “standards of dignity, propriety,
courtesy, and decorum traditionally observed by the Senate.”
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f.
g.
h.
i.
Necessary equipment may not be installed or removed while the committee is in session. Additional lighting
may not be directed into the eyes of committee members or witnesses. Offending lighting must be
extinguished at the request of a member or witness.
Subject to conditions the committee or subcommittee may impose.
Notice must be provided to the ranking minority member as soon as practicable.
The presiding officer of a meeting or hearing may terminate the use of recording equipment for good cause.
Hearing Procedures
Senate Rules
Senate committees and subcommittees have broad discretion under Senate rules to hold and to
report to the Senate on hearings.23 They may act during sessions, recesses, or adjournments of the
Senate. They may subpoena witnesses and documents (discussed below at “Subpoenas”). They
may conduct investigations into “any matter within [their] jurisdiction” (discussed below at
“Investigations”).24 (Rule XXVI, paragraph 1.)
Senate committees, except the Appropriations and Budget Committees, are required to publicly
announce the date, place, and subject of hearings no less than one week in advance of the hearing.
The committee, however, may determine there is “good cause” to hold a hearing on less notice.25
(Rule XXVI, paragraph 4(a).)
A Senate rule states that a committee or subcommittee may not meet after the two first hours that
the Senate has been in session or, when the Senate is in session, later than 2:00 p.m. Special
leave, however, may be granted by the majority leader and minority leader, followed by the
announcement of the leaders’ consent to the Senate.26 The Appropriations and Budget
Committees are exempt from the constraint in this rule. (Rule XXVI, paragraph 5(a).)
Committee practices also affect the conduct of hearings, for example, practices on opening
statements and alternating between the parties in questioning. These practices are likely to be
followed unless unanimous consent or another agreement is obtained to vary from the norm.
Committees are authorized to have hearing records printed and bound. (Rule XXVI, paragraph
10(a).) Committees are exhorted to “make every reasonable effort” to print hearings on a reported
measure or matter so they are available to Senators prior to the Senate’s consideration of the
measure or matter.27 (Rule XVII, paragraph 5.)
23
For explanation of hearings, see CRS Report 98-317, Types of Committee Hearings, by (name redacted) ; and CRS
Report 98-489, Senate Committee Hearings: Preparation, by (name redacted) .
24
For the Intelligence Committee, these authorities are included in the standing order creating the committee, as
amended, appearing in § 81 of the Senate Manual. For the Indian Affairs Committee, these authorities are also included
in the standing order creating the committee, appearing in § 83.2 of the Senate Manual.
25
For additional explanation, see CRS Report 98-337, Senate Committee Hearings: Scheduling and Notification, by
(name redacted) .
26
The rule requires the majority leader or his designee to announce the time and place of each meeting to which he and
the minority leader have given their consent. More typically, a designee of the majority leader requests unanimous
consent that a list of committee meetings at the desk be approved. The Congressional Record reports a unanimous
consent request for each committee meeting on the list, showing the date, time, and location.
27
With ever-widening availability of full congressional hearings and meetings on the web, print publication of hearings
has become less common.
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Field Hearings
Field hearings are committee and subcommittee hearings held at a place not located on Capitol
Hill, typically outside of Washington, DC. Their authorization is included in the Senate’s rule
authorizing committee and subcommittee hearings. Public announcement and other Senate rules
apply to them in the same manner as they apply to hearings held on Capitol Hill.28
On Authorizing Field Hearings
The Armed Services Committee required hearings to be held in Washington, DC, unless a
majority vote of the committee or respective subcommittee proposing to conduct the field hearing
specifically authorized a hearing elsewhere.
The Banking, Housing, and Urban Affairs Committee’s rule provided that a committee or
subcommittee hearing may be scheduled outside of Washington, DC, only by agreement between
the committee’s or subcommittee’s chair and ranking minority member or by a majority vote of
the committee or subcommittee. In addition, such a subcommittee hearing may be scheduled only
after consultation with the committee chair.
The Foreign Relations Committee disallowed subcommittees from holding hearings that incurred
expenses without the prior approval of the chair or a decision of the full committee, unless funds
had been specifically made available by the Senate.
A rule of the Commerce, Science, and Transportation Committee provided that a field hearing of
the committee or a subcommittee could be scheduled only when authorized by the chair and
ranking minority member of the committee.
The Small Business and Entrepreneurship Committee disallowed hearings outside of Washington,
DC, unless the chair and ranking minority member or a majority of the committee authorized
such a hearing. Consent could be given without a committee meeting but must have been given in
writing.
Other Applicable Committee Rules
The Environment and Public Works Committee allowed its rule requiring witnesses to submit
written testimony 48 hours in advance to be waived for field hearings, except for the written
testimony of federal government witnesses.
A rule of the Energy and Natural Resources Committee allowed subcommittees to hold field
hearings at the time of a full committee meeting or hearing.
The Intelligence Committee required 24 hours’ notice for a meeting in Washington, DC, but 48
hours’ notice for a meeting outside of Washington.
Committee and Minority Witness Selection
Senate Rule
A committee or subcommittee selects witnesses with the participation and approval of the chair,
who formally invites witnesses.
28
See CRS Report RS20928, Field Hearings: Fact Sheet on Purposes, Rules, Regulations, and Guidelines, by (name re
dacted) and (name redacted)
.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
In addition, upon the request of a majority of minority committee members to the chair, the
minority may call its own witnesses to testify for “at least one day” of the hearings on the
measure or matter that is the subject of the committee’s hearing. The request is to be made before
the completion of the committee’s hearing. The Appropriations Committee is exempted from this
rule, which is sometimes referred to as the minority witness rule.29 (Rule XXVI, paragraph 4(d).)
Committees’ Rules
On Minority Witnesses
Committees typically operate with comity in witness selection. Some committees’ rules specify
the manner in which the majority and minority together select at least some witnesses.30
The Homeland Security and Governmental Affairs Committee repeated the minority witness rule
in its rules. The Agriculture, Nutrition, and Forestry Committee also repeated the rule but
indicated that the ranking minority member should make the request.
With regard to comity in committee rules on witness selection, the Armed Services; Finance;
Foreign Relations; and Small Business and Entrepreneurship Committees each had a rule on
calling minority witnesses. The Armed Services Committee required the chair of the committee or
a subcommittee to consult with the respective committee or subcommittee ranking minority
member prior to naming witnesses for a hearing.
The Finance Committee’s rule exhorted staff scheduling witnesses to seek to “attain a balance of
views early in the hearings.” The rule also allowed each member of the committee to designate
witnesses to testify. If a witness was unable to appear during a hearing’s scheduled time, a special
time would be set aside for the witness to testify if the member who selected the witnesses was
available at that time to chair the hearing.
The Foreign Relations Committee allowed the ranking minority member of the committee or a
subcommittee to call the same number of “non-governmental witnesses” as the chair to ensure
that the hearing’s subject matter was presented as “fully and fairly as possible.” Another
committee rule stated that the committee would consider requests to testify on a measure or
matter pending before the committee.
The Small Business and Entrepreneurship Committee’s rule directed the chair and ranking
minority member to negotiate the number of witnesses for a hearing. In the absence of an
agreement, the ratio of majority witnesses to minority witnesses would be 3:2 or 2:1.
Other Witness Rules
A provision of the rule of the Health, Education, Labor, and Pensions Committee on witness
statements indicated that the committee or a subcommittee should, as far as practicable, use
existing testimony on “measures similar to those before it for consideration.” One of the
guidelines appended to the committee’s rules stated that the committee or a subcommittee should
provide each member a list of witnesses at least three days prior to a hearing.
29
For additional explanation, see CRS Report RS22649, Senate Committee Hearings: The “Minority Witness Rule”, by
(name redacted)
.
30
For additional explanation, see CRS Report 98-336, Senate Committee Hearings: Arranging Witnesses, by (namere
dacted)
.
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A rule of the Intelligence Committee permitted the committee to consider requests to testify.
Another rule required witnesses to receive “reasonable” notice of hearings and a copy of the
committee’s rules. The committee also had a unique rule for protecting the identity of witnesses,
disallowing the name of any witness from being publicly released before or after the witness’s
appearance, unless the release was authorized by the chair. If the chair authorized release, the vice
chair was to be notified as soon as “practicable.” In no case was a witness’s name to be released if
doing so would disclose classified information. (See, below, “Confidential and Classified
Testimony and Materials.”)
(See also, below, “Counsel.”)
Witnesses’ Written Testimony
Senate Rule
A witness must file written testimony with the clerk of a committee no less than one day before a
hearing. The chair and ranking minority member of the committee may waive this requirement
for “good cause.” The Appropriations Committee is exempt from the advance filing
requirement.31 (Rule XXVI, paragraph 4(b).)
Committees’ Rules
The Banking, Housing, and Urban Affairs Committee required witnesses to provide written
testimony and also a “brief summary” of the testimony. The rule limited the brief summary to
three pages but allowed the written statement to be as “lengthy” as the witness desired and to
contain “documents and addenda” that the witness wished to provide. The rule provided
discretion to the chair of the committee or subcommittee on what portion of documents to include
in the printed transcript of the hearings. The chair of a committee or subcommittee could exclude
a witness for failure to file a statement and summary until the witness complied.
The Environment and Public Works Committee required written statements and renderings of
exhibits proposed to be used at a hearing to be submitted 48 hours in advance. If a witness failed
to comply with the requirement for submitting a written statement, the chair could exclude the
witness’s testimony. If a witness failed to submit a letter- or legal-paper-sized rendering of an
exhibit, the witness would not be able to use the exhibit and the exhibit would be excluded from
the hearing record. However, the committee allowed its rule requiring witnesses to submit written
testimony 48 hours in advance to be waived for field hearings, except for the written testimony of
federal government witnesses. (See also, above, “Display Materials.”)
A rule of the Foreign Relations Committee provided that it would accept written statements of
“reasonable length” by witnesses and also by interested persons unable to testify in person.
One of the guidelines appended to the Health, Education, Labor, and Pensions Committee’s rules
stated that the committee or subcommittee should urge witnesses to submit written testimony
before the deadline in the committee’s rules and distribute to members written statements
received in advance of a hearing.
The Judiciary Committee’s rule on written statements required witnesses to also submit their
curriculum vitae. In addition, the committee had 2 different submission dates, depending on how
31
For additional explanation, see CRS Report 98-392, Senate Committee Hearings: Witness Testimony, by (name re
dacted)
.
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far in advance a hearing was announced. If the hearing was announced 7 days in advance, written
statements and curricula vitae were to be provided to the committee at least 24 hours prior to the
hearing. If a hearing was announced 14 days in advance, written statements and curricula vitae
were to be provided to the committee at least 48 hours prior to the hearing. If a witness failed to
provide a written statement in a timely fashion, the committee’s rule gave the chair 3 options:
permit the witness to testify, disallow the witness from testifying, or permit the witness to respond
to questions from the committee members but deny him or her the opportunity to deliver an
opening statement.
The Small Business and Entrepreneurship Committee allowed testimony to be submitted for not
less than two weeks following a hearing, unless the chair and ranking minority member agreed to
another procedure.
Swearing In Witnesses
Witnesses may be sworn in before delivering their testimony. It is common for committees to
require nominees to be sworn in (see, below, “Nominations”) and to use sworn testimony in the
conduct of oversight (see, below, “Oversight”), but it is less common to swear in witnesses in
legislative hearings. Any Senator is authorized by law to swear in a witness.32 It is a violation of
law for a witness to make false statements to Congress, including its committees, whether the
witness has been sworn in or not.33
The Agriculture, Nutrition, and Forestry; Energy and Natural Resources; and Indian Affairs
Committees required a witness at a committee or a subcommittee hearing to be sworn in
whenever the chair or ranking minority member “deems [it] necessary.” The Intelligence
Committee’s rule was similar, allowing the chair or vice chair to direct that testimony be given
under oath.
The Energy and Natural Resources Committee’s rule also required witnesses to be sworn in when
the chair or ranking minority member deemed it necessary and further provided that, once one or
more witnesses were required to testify under oath, all witnesses at the hearing must testify under
oath.
The Small Business and Entrepreneurship Committee’s rule specifically provided authority to all
members to administer the oath to a witness “testifying as to fact.”
The Veterans’ Affairs Committee’s rule provided discretion to the chair to decide when it was
“advisable” to swear in a witness. A rule of the Homeland Security and Governmental Affairs
Committee also vested discretion in the chair.
32
2 U.S.C. § 191.
18 U.S.C. § 1001. For a succinct discussion of federal criminal laws pertaining to interference with congressional
activities, see CRS Report RS22784, Obstruction of Congress: An Abridged Overview of Federal Criminal Laws
Relating to Interference with Congressional Activities, by (name redacted)
. For a more extensive discussion, see CRS
Report RL34304, Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with
Congressional Activities, by (name redacted)
.
33
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Staff-Prepared Summaries of Testimony
Senate Rules
A committee may require its staff to prepare, before a day’s hearing, a digest of written testimony
that has been filed with the committee’s clerk. (Rule XXVI, paragraph 4(b).) A committee may
require its staff, following a day’s hearing, to prepare a summary of testimony delivered at the
hearing. The summary, if approved by the chair and ranking minority member, may be printed as
part of the hearing if the committee orders the hearing to be printed. (Rule XXVI, paragraph
4(c).)
Confidential and Classified Testimony and Materials
Senate Rules
The authority of committees to conduct closed hearings and meetings was discussed above (see
“Open and Closed Meetings”), and Senate committees keep testimony and materials confidential
under additional authorities. Rule XXVI, paragraph 5(b) authorizes closed sessions, for example,
and paragraph 5(e) exempts the recording or transcript of a closed session from the requirement
that Senate committees make recordings and transcripts publicly available within 21 days.
Procedures for handling classified information are covered in the United States Senate Security
Manual issued by the Office of Senate Security. In addition, Rule XXIX, paragraph 5 subjects a
Senator to expulsion and an officer or employee of the Senate to dismissal for disclosing “secret
or confidential business or proceedings of the Senate, including the business and proceedings of
the committees [and] subcommittees.... ”34
Committees’ Rules
The Armed Services and Banking, Housing, and Urban Affairs Committees each had a rule on the
release of confidential testimony taken in a closed committee hearing and confidential materials
received in such a hearing. The rules stated that the testimony and materials would not be made
public in whole, in part, or in summary unless authorized by a majority vote of the committee or
subcommittee. The rules of the Energy and Natural Resources; Health, Education, Labor, and
Pensions; Small Business and Entrepreneurship; and Indian Affairs Committees were the same
but used the word “majority” rather than the phrase “majority vote.” The Energy Committee also
specifically required approval to occur at a business meeting called for that purpose.
The Banking Committee, in addition, allowed confidential testimony taken by the committee or a
subcommittee to be released when authorized by the committee or subcommittee chair and the
respective ranking minority member.
34
Rule XXIX, paragraph 5 was amended to specifically cover committees and employees following a Senate
investigation of information leaks during the confirmation hearings on Clarence Thomas to be a Justice of the Supreme
Court and during the Senate’s so-called Keating Five investigation. For background, see Senator George Mitchell,
“Unanimous-Consent Agreement—S. 596,” Senate debate, Congressional Record, vol. 137, part 19 (October 23,
1991), p. 28062; “Resolution Relative to the Appointment of Special Counsel—Senate Resolution 202,” Senate debate,
Congressional Record, vol. 137, part 19 (October 24, 1991), pp. 28416-28427; and “Amending Paragraph 5 of Rule
XXIX of the Standing Rules of the Senate,” Senate debate, Congressional Record, vol. 138, part 23 (October 8, 1992),
pp. 34242-34243.
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The record of an executive session of the Finance Committee could be made public only by
majority vote of the committee and only after members had the opportunity to correct
grammatical errors or make corrections to “accurately reflect statements made.”
The Small Business and Entrepreneurship Committee’s rule allowed confidential materials or
testimony submitted to the committee to be disclosed if authorized by the chair with the
concurrence of the ranking minority member. Another rule also provided that an individual,
asserting the confidentiality of an item, should clearly designate the assertion on the item’s face;
designation, however, would not prevent the item’s use in committee business.
Rules of the Foreign Relations Committee
The Foreign Relations Committee allowed a witness called to testify to submit a written request
to the chair, not less than 24 hours in advance of appearing, to provide his or her testimony in
open or closed session or by another procedure. The rule provided the chair with discretion to
grant the request but required the chair to notify committee members of the request and its
disposition.
The rules of the Foreign Relations Committee also included provisions dealing with classified or
restricted transcripts, declassification of transcripts and noncurrent records, and classified or
restricted information. The rule on classified or restricted transcripts required the committee’s
chief clerk to maintain security, with the transcripts’ handling consistent with requirements of the
United States Senate Security Manual. Classified transcripts could not be taken from committee
offices, except for declassification or archiving; could not be used for note-taking or quotation;
and were subject to the same restrictions as the meeting for which the transcription was made,
subject to permission of the chair and ranking minority member. The rule listed persons allowed
access and the terms of access, subject to additional restrictions imposed by the chair with the
concurrence of the ranking minority member. For example, Senators not on the committee were
allowed access in the committee’s offices with the chair’s permission. In addition, committee
members and staff were prohibited from discussing the proceedings of closed meetings with
anyone not authorized to attend the meeting. To authorize a discussion, committee members could
also seek permission from the chair or ranking minority member and staff could seek permission
from the majority or minority staff director. A record was to be kept of authorized
communications.
The declassification rule required noncurrent records to be handled consistent with Senate Rule
XI and a standing order of the Senate.35 Classified transcripts transferred to the National Archives
and Records Administration could not be made publicly available until declassified pursuant to
applicable laws and executive orders. A classified transcript could be declassified in less time
than provided in the standing order when the chair, with the concurrence of the ranking minority
member, initiated declassification; current members of the committee who participated in a
meeting were notified of, and had no objection to, a proposed declassification, subject to a
majority vote of the committee to overrule objections; and executive agencies that participated in
the meeting or provided classified information consented to declassification.
The classified information rule of the Foreign Relations Committee appointed the committee’s
chief clerk as the committee’s security manager, serving also as liaison to the Office of Senate
Security. The staff director could make administrative regulations necessary for carrying out the
provisions of the committee’s rule. All classified information was to be handled consistent with a
35
The standing order appears in § 135 of the Senate Manual.
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standing order of the Senate36 and the United States Senate Security Manual. Classified material
may not be carried between Senate offices, except by staff members specifically authorized by the
security manager, and Senators’ and staff’s access would be guided by a “need-to-know” standard
consistent with their committee duties.
Rules of the Intelligence Committee
The Intelligence Committee’s rules on its handling of classified and sensitive material were
lengthy, reflecting the extensive provisions in the standing order creating the committee and the
committee’s unique responsibilities.37 In addition to classified documents, the committee’s rule
defined a class of documents as “committee sensitive,” related to the committee’s work, to be
handled in the same manner as classified documents. Documents were to be kept in secure
containers, copying was generally prohibited, and documents could not be left elsewhere
overnight. Committee members could review any document before its disposition.38
Access to the committee offices was limited, requiring identification. Committee members had
access to all information. The staff director was to maintain a document registry to control and
account for document access. Committee staff had access to information based on appropriate
security clearances and a need-to-know criterion. The committee could make classified
information available to other committees and to Senators not on the committee by following
procedures in the rules. Classified information could be disclosed to executive branch officials,
members and staff of the House Permanent Select Committee on Intelligence, and Senators and
Senate staff with appropriate security clearances on a need-to-know basis and for furtherance of
the committee’s legislative and oversight duties. Otherwise, classified information could be
shared with persons with appropriate security clearances and on a need-to-know basis on the
approval of the chair and vice chair or the staff director and minority staff director. A failure to
adhere to these rules would be referred to the Ethics Committee, following notification of the
majority and minority leaders.
The committee had a unique rule for protecting the identity of witnesses, disallowing the name of
any witness from being publicly released before or after the witness’s appearance, unless the chair
authorized the release. If the chair authorized release, the vice chair was to be notified as soon as
“practicable.” In no case was a witness’s name to be released if doing so would disclose classified
information.
Attendance of individuals not serving on the committee or its staff was to be “kept at a minimum”
and limited to those with appropriate security clearances and a need to know the information.
Notes made at the meeting could be secured and made available consistent with the committee’s
security procedures.
(See also, below, “Transcripts of Meetings and Printed Hearings” and, immediately below,
“Correcting Transcripts.”)
36
The standing order appears in § 139 of the Senate Manual.
The standing order, as amended, appears in § 81 of the Senate Manual.
38
Procedures appear in the standing order for the committee to follow to publicly release classified information. Ibid.
37
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Correcting Transcripts
On Correcting Transcripts
The Armed Services Committee in its rules allowed witnesses giving unsworn testimony to
receive a copy of the transcript to make “minor grammatical corrections.” Substantive changes
were not permitted. The chair was authorized to decide any question.
A rule of the Commerce, Science, and Transportation Committee provided that testimony must be
made available for inspection by the witness or the witness’s counsel, under the committee’s
supervision. The committee clerk could set a time limit for inspection. The witness may request
transcription and grammatical errors to be corrected. The witness may also identify errors of fact
by submitting a sworn statement to the facts, with a request that the statement be attached to the
transcript. The chair or a committee staff member designated by the chair may rule on such a
request. The rule also allowed a witness to purchase a transcript of testimony given in public
session or a transcript of portions of testimony given in closed session or a deposition that
subsequently became part of the record of a public session.
The record of an executive session of the Finance Committee could be made public only by
majority vote of the committee and only after members had the opportunity to correct
grammatical errors or make corrections to “accurately reflect statements made.”
The Homeland Security and Governmental Affairs Committee’s rule required an electronic or
stenographic record of witnesses’ testimony, whether the testimony occurred in an open or closed
hearing. A witness’s testimony must be made available for inspection by the witness or the
witness’s counsel, within time limits set by the committee’s clerk. A witness could request the
correction of errors in transcription or grammar, subject to a ruling by the chair or a staff member
designated by the chair. A witness could purchase a copy of testimony given in an open hearing or
that portion of testimony given in a closed meeting but made a part of a public hearing.
The Intelligence Committee’s rule on correcting transcripts allowed a witness, who could be
accompanied by counsel, to review a transcript in the committee’s offices. The witness could
submit grammatical and “minor editing” changes in writing within five days of the day when the
transcript was made available to the witness. Questions on the corrections would be decided by
the chair. If a witness’s testimony given in executive session was subsequently made public, the
portions made public would be provided to the witness at the witness’s expense.
On Reputational Testimony
A rule of the Energy and Natural Resources Committee allowed a person, who believed that
testimony or other evidence presented at an open hearing tended to defame the individual or to
adversely affect the individual’s reputation, to file with the committee for its consideration and
action a “sworn statement of facts relevant to such testimony or evidence.”
A Homeland Security and Governmental Affairs Committee rule provided a means of redress for
an individual named or specifically identified in an open or closed meeting who believed that
evidence or a committee member’s or staff member’s comments impugned his or her character or
adversely affected his or her reputation. The individual could file a sworn statement of facts
relevant to the evidence or comment that would be considered for inclusion in the hearing record.
The individual could request an opportunity to appear before the committee or submit questions
to be used to cross-examine other witnesses. Such requests would be considered by the
committee.
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The Indian Affairs Committee had a rule on defamatory statements. The committee permitted a
person who believed that he or she had been defamed, or who believed that his or her reputation
had been adversely affected, to file for the committee’s consideration a sworn statement of facts
related to testimony or evidence presented. A person could file a statement if he or she was so
named or identified in an open meeting or the subject of testimony or evidence so presented in an
open meeting.
The Intelligence Committee also had a rule on reputational testimony. Regarding testimony or
evidence presented at a public hearing or a comment by a committee member or staff member
that an individual believed adversely affected his or her reputation, the committee’s rule allowed
the person (1) to request an opportunity to testify, (2) to file a sworn statement of facts, or (3) to
submit in writing questions proposed for examining witnesses. The committee, under the rule,
could take action it deemed “appropriate.”
(See also, below, “Transcripts of Meetings and Printed Hearings” and, immediately above,
“Confidential and Classified Testimony and Materials.”)
Committees’ Other Hearing Rules
The Small Business and Entrepreneurship Committee in its rules formalized the process for
committee members to propose to the chair the holding of hearings. The chair could initiate a
hearing or a hearing could be held upon the chair’s approval of a request from a committee
member. If the ranking minority member made a request, the rule directed the chair to respond
with a decision within seven business days.
The Veterans’ Affairs Committee’s hearing rules stated that rules governing meetings also
governed hearings, except as otherwise provided.
(See also, above, “Subcommittees’ Scheduling of Meetings and Hearings.”)
Explanation of Table 5: Committee Hearing Requirements, Senate
Committees’ Rules, 114th Congress
Table 5 compares committees’ rules in the 114th Congress on the hearing requirements across the
16 standing Senate committees and the 2 additional permanent Senate committees with legislative
authority. The 16 standing committees are listed in alphabetical order in the left-most column, and
the 2 additional permanent committees are listed below. The 2 rows of the heading contain key
terms describing the committees’ rules, as explained immediately below. A check in a box
indicates that a committee adopted a rule or a closely related variation on it. An empty box
indicates that a committee did not address that subject in its rules. Certain checks and boxes are
footnoted to offer additional detail on a particular committee’s rule. In some cases, a single
footnote is used to give the same additional detail for the rule of more than one committee.
The following list explains the headings in Table 5:
Notification refers to the minimum amount of time necessary to notify members
of a committee prior to holding a hearing.
Written Witness Statements refers to the minimum amount of time allowed prior
to a hearing for a witness to submit his or her written statement. Additionally, the
table shows the number of copies of a written statement required by a committee.
Recognition Limitations refers to the amount of time that a member may be
recognized for questioning a witness and the amount of time a witness may be
recognized for summarizing his or her written statement.
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Table 5. Committee Hearing Requirements, Senate Committees’ Rules, 114th Congress
(notification, written witness statements, recognition limitations)
Written Witness Statements
Recognition Limitations
Committee
Notification
Time
Number of Copies
Members
Agriculture, Nutrition, &
Forestry
1 weeka,b,c
24 hours
Decision of chair
5 minutesd
1 weeke,f
48 hoursg,h
i
24 hoursj
75k
Witnesses
Appropriations
Armed Services
Banking, Housing, &
Urban Affairs
Budget
1 weekg
Commerce, Science, &
Transportation
24 hoursg
5 or 10 minutesl,m
10 minutesn
o
24 hoursj
Decision of chair
Energy & Natural
Resources
1 weeka,b,c
24 hoursp
Decision of chair
Environment & Public
Works
1 weekg,c
48 hoursj,r,s
100
Finance
1 week
2 daysk,u
10 minutesv,w
Foreign Relations
1 weekx
24 hoursg,y
10 minutesz
Health, Education, Labor,
& Pensions
1 weekaa
24 hoursg,bb
v,z
Homeland Security &
Governmental Affairs
1 weeke
48 hoursg,y
7 calendar daysg
24 or 48 hourscc,j
Judiciary
Rules & Administration
t
Decision of chair
3 business daysdd,g
5 minutesee,ff
l
Small Business &
Entrepreneurship
5 business dayshh
2 business daysii
Veterans’ Affairs
1 week
48 hoursh,jj
CRS-38
5 minutesq
40
5 minutesgg
z
Written Witness Statements
Committee
Indian Affairs
Intelligence
Number of Copies
Recognition Limitations
Notification
Time
Members
1 weeka,ii,b,c
48 hoursy,kk
5 minutesll
48 hoursmm
l
Witnesses
nn
Source: Prepared by the authors based on a review of Senate committees’ rules, 114th Congress.
a. The one-week notification period may be waived if the chair of the committee or subcommittee determined the hearing pertained to noncontroversial issues or if
there were circumstances requiring the hearing to occur sooner.
b. A majority of the committee or subcommittee members must concur with the decision to waive the one-week notification period.
c. A committee or subcommittee hearing may not be held without at least a 24-hour notice.
d. Questioning by members of the committee or subcommittee alternates between majority and minority members in order of seniority or in order of arrival.
e. The committee or subcommittee could determine for good cause that the hearing could begin at an earlier time.
f.
A hearing could be initiated only by specific authorization of the committee or subcommittee.
g. The chair and ranking minority member could for good cause waive the requirement.
h. Not including weekends and holidays.
i.
An Administration witness must provide 50 copies of his or her statement.
j.
If a witness failed to file a statement in a timely fashion, the chair could exclude the witness’s testimony or allow testimony or responses to questions. (See also
“Witnesses’ Written Testimony.”)
k. A witness statement must also include a summary of the testimony. (See also “Witnesses’ Written Testimony.”)
l.
Questioning of witnesses was allowed to be conducted only by members of the committee and, as authorized by the chair or ranking minority member (or vice
chair of the Intelligence Committee), by professional staff.
m. Questioning was limited to 5 minutes if 5 or more members were present and to 10 minutes if fewer than 5 members were present. Members could question for
another 5 minutes each in a second round of questions; 5-minute rounds continued “until all members [had] exhausted their questions of the witness.”
n. The chair could limit or extend the time for oral witness statements.
o. Members present when a hearing begins are recognized in order of seniority on the committee and are recognized before members arriving later; members arriving
after the beginning of a hearing are recognized in order of appearance.
p. Any other documents and reports that would be the subject of the hearing must be provided to members at least 72 hours prior to a hearing, unless the chair and
ranking minority member waived the requirement.
q. The chair and ranking minority member of the committee or a subcommittee could appoint staff to question witnesses. Staff questioning could occur after members
had completed their questioning or at a time determined by the chair and ranking majority and minority members. Staff questioning could not occur in the absence
of a quorum for taking testimony.
r. A witness wishing to use an exhibit must provide the committee an identical copy or representation and 100 copies reduced to the size of letter or legal paper 48
hours prior to the hearing. If not provided 48 hours in advance, the exhibit could not be used and would not be included in the hearing record.
CRS-39
s.
Any other documents and reports that would be discussed at the hearing must be provided to members at least 72 hours prior to a hearing, notwithstanding a
request to embargo a document.
t. The chair could direct a witness to summarize his or her written statement.
u. The committee’s rule was expressed as of noon of the business day that preceded the business day immediately prior to the day of the hearing.
v. A witness must summarize written testimony and could not read it.
w. A witness who violated “standards of dignity, decorum, and propriety” while testifying could be dismissed and the witness’s oral and written testimony excluded
from the hearing record.
x. The chair could waive the requirement for good cause after consultation with the ranking minority member.
y. Testimony must be filed electronically.
z. The chair could limit the time allotted to each witness.
aa. One of the guidelines appended to the committee’s rules reiterated the one-week notice to the public but in addition exhorted the majority to provide the minority
with notice of a time, place, and subject matter of a hearing seven days prior to the public notice.
bb. Testimony could be filed electronically.
cc. A curriculum vitae must be submitted in addition to a written statement. If 7 calendar days’ notice was given, written statements and curricula vitae must be
submitted 24 hours in advance of the hearing. If 14 calendar days’ notice was given, written statements and curricula vitae must be filed 48 hours in advance.
dd. A witness must also provide an executive summary of his or her testimony in a form directed by the chair.
ee. After the chair and ranking minority member, speaking order is based on order of arrival, unless the chair directs otherwise.
ff. For each round of questions.
gg. May be extended by chair on the chair’s initiative or at the request of any member.
hh. A witness list is to be distributed five days in advance “where practicable.”
ii. The chair and ranking minority member could waive the requirement.
jj. If a witness missed the filing deadline, he or she could not testify but could be seated to take questions. The witness would nonetheless be permitted to testify if the
chair and ranking minority member determined that there was good cause for the witness’s failure to file a statement or that it was in the committee’s interest to
hear the testimony.
kk. In a format to be determined by the committee.
ll. Unless the committee decided otherwise.
mm. Written statements must be submitted in both print and electronic formats.
nn. A witness was permitted to make a “brief and relevant” statement at the beginning and conclusion of the witness’s testimony, the duration to be determined by the
chair.
CRS-40
Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Oversight39
Senate Rules
A Senate rule directs each committee (except the Appropriations and Budget 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.” The rule states that the purpose of this activity is to assist the Senate in its “analysis,
appraisal, and evaluation of the application, administration, and execution” of the laws Congress
has enacted and in 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.... ”
The rule also suggests mechanisms and techniques for committees to follow. They may act on
their own, through contracts, or by directive to an agency to report. They might use pilot
programs, cost-benefit analyses, or evaluation after a set period of time.40 (Rule XXVI, paragraph
8(a).) (See also, below, “Senate Rule on Activity Reports.”)
Each committee’s legislative jurisdiction appears in an individual subparagraph of Rule XXV,
paragraph 1. Legislative jurisdiction is also one basis of a committee’s oversight jurisdiction.
These subparagraphs contain a second basis for oversight jurisdiction in a separate, broadly
worded statement of oversight jurisdiction. The updated oversight jurisdictions of the Committee
on Homeland Security and Governmental Affairs and the Committee on the Budget appear in
S.Res. 445 (108th Congress).41 The oversight jurisdictions of the Committees on Indian Affairs
and Intelligence appear in their organizing standing orders.42
Committees may conduct investigations into “any matter within [their] jurisdiction” and “may
report such hearings as may be had by it.”43 (Rule XXVI, paragraph 1.)
Another rule exhorts each Senate committee with legislative jurisdiction (with the exception of
the Appropriations Committee) to undertake two examinations in conjunction with its
consideration of public bills and joint resolutions. A committee should “endeavor to insure” that
“continuing programs” of the federal government and of the District of Columbia government
within its jurisdiction are designed so that, “consistent with the nature, requirements, and
objectives of those programs,” appropriations are made annually. A committee should also
endeavor to insure that “continuing activities” of the federal government within the committee’s
jurisdiction are likewise carried out so that appropriations are made annually. Committees (except
the Appropriations Committee) are directed to review “from time to time” programs within their
39
For an explanation of congressional oversight authority and resources, see CRS Report RL30240, Congressional
Oversight Manual, by (name redacted) et al.
40
A Senate standing order provides authority to the Appropriations Committee and its subcommittees to appoint expert
staff and for these staff, upon the written authorization of the chair, to examine the records of any federal department or
agency anywhere in the world. The standing order appears in § 75 of the Senate Manual.
41
Agreed to in the Senate October 9, 2004. Appearing in the Senate Manual beginning on p. 97 and also appears as a
standing order in § 82 of the Senate Manual. Specific investigative authority for the Homeland Security and
Governmental Affairs Committee is also included in the annual committee funding authorization; see, for example,
S.Res. 73, § 12 (114th Congress).
42
Appearing in § 83.2 and § 81, respectively, of the Senate Manual. Provisions in the standing order creating the
Intelligence Committee, as amended, allow standing committees oversight of intelligence activity consistent with their
jurisdiction.
43
The standing order creating the Intelligence Committee contains extensive provisions relating to the committee’s
handling of classified information. The standing order, as amended, appears in § 81 of the Senate Manual.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
jurisdiction for which appropriations have not been made annually to ascertain whether the
programs could be changed so that appropriations would be made annually. (Rule XXVI,
paragraph 13.)
Investigations
Several committees had provisions in their rules on committee or subcommittee investigations.
The power to investigate emanates from Congress’s power to inform itself and to compel
testimony and the production of documents in gaining information. As noted immediately above,
Rule XXVI, paragraph 1 provides every Senate committee with investigative authority.44
The Agriculture, Nutrition, and Forestry Committee’s rules stated that a majority of committee
members must vote at a business meeting to approve investigations to be undertaken by the
committee or a subcommittee, in which depositions would be taken or subpoenas issued.
The Banking, Housing, and Urban Affairs Committee’s rules stated that the committee could not
initiate an investigation unless the Senate, the full committee, or the chair and ranking minority
member authorized the investigation. A subcommittee could undertake an investigation only if
authorized by the Senate or the committee.
An Energy and Natural Resources Committee rule stated that no investigation could be
undertaken by the committee or its subcommittees unless authorized by the chair and ranking
minority member of the committee or by a majority of the committee. A witness called to testify
at an investigation must be informed of the matter or matters under investigation, given a copy of
the committee’s rules, and provided the opportunity to make a “brief and relevant oral” statement
before or after questioning. The rule further distinguished an investigation from a review or study
undertaken as authorized by Senate Rule XXVI, paragraph 8, and from an “preliminary inquiry”
to establish the existence of “substantial credible evidence” that would warrant an investigation.
(See, below, “Counsel.”)
A rule of the Health, Education, Labor, and Pensions Committee required committee or
subcommittee investigative activity, including issuing subpoenas and receiving sworn testimony
or testimony of subpoenaed witnesses, to be authorized by majority vote of the committee.
Information obtained through investigative activity must be promptly made available to each
committee member requesting the information and to any assistant to a committee member
designated in writing by a committee member, subject to restrictions imposed by rules of the
Senate. If requested by a committee member, such information could be summarized in writing. If
requested by a committee member, the chair of the committee or subcommittee must call an
executive session to discuss the investigative activity or the issuance of a subpoena connected to
the activity.
The Intelligence Committee’s rule stated that no investigation could be initiated by the committee
unless at least five members of the committee specifically requested that the chair or vice chair
authorize the investigation. Authorized investigations could be conducted by members or
designated committee staff. An oversight rule of the committee required the staff director to
ensure the committee appropriately considered covert action programs not less than once a
quarter.
44
For further discussion, see “Congressional Investigations” in U.S. Congress, Senate, The Constitution of the United
States of America: Analysis and Interpretation, prepared by Congressional Research Service (CRS), 112th Cong., 2nd
sess., S.Doc. 112-9 (Washington: GPO, 2014), pp. 96-111, available https://www.gpo.gov/fdsys/pkg/GPO-CONANREV-2016/pdf/GPO-CONAN-REV-2016-9-2.pdf.
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Senate Standing Committees’ Rules on Legislative Activities and Executive Business
Depositions
In a deposition, a committee, typically committee staff, questions a witness or potential witness
for a hearing in the course of an investigation and prior to a hearing or the preparation of a report.
Questioning is conducted under oath and taken down by a court or congressional reporter and
transcribed. At a hearing, a deposition might be used to identify contradictions in a witness’s
testimony, refresh a witness’s memory, or explore inconsistencies between witnesses, among
other uses.45
On Authorizing Depositions
The Agriculture, Nutrition, and Forestry Committee’s rules stated that a majority of committee
members must vote at a business meeting to approve investigations undertaken by the committee
or a subcommittee in which depositions would be taken or subpoenas issued. Two other rules
dealt with depositions. First, the chair or a staff officer designated by the chair could authorize
and issue notices for taking depositions, specifying the time and place of examination and naming
the Senator or staff officer taking a deposition. The deposition must be taken in private, unless
otherwise specified, and procedures leading to civil or criminal contempt were not in order unless
the deposition notice was accompanied by a subpoena. Second, a witness giving a deposition
must be examined under oath, administered by an official authorized under local law to swear in
witnesses. The chair would rule by telephone or otherwise on objections by the witness, and a
transcript of the deposition must be filed with the committee clerk.
A rule of the Commerce, Science, and Transportation Committee authorized committee staff to
take depositions, upon the chair’s notification to the ranking minority member at least 72 hours in
advance. The ranking minority member or staff he or she designated could participate in taking a
deposition. A witness at a deposition must be examined under oath, administered by a committee
member or an individual authorized by law to administer oaths.
A committee rule also required electronic or stenographic records of testimony in open and closed
hearings and depositions. In the instance of a deposition, the individual who administered the oath
must certify on the transcript that the witness was sworn in, and the stenographer must certify that
the transcription was a true record of the testimony; the transcript with the certifications was filed
with the committee clerk. In addition, the rule allowed a witness to purchase a transcript of
testimony given in public session or a transcript of portions of testimony given in closed session
or in a deposition that subsequently became part of the record of a public session. (See also,
above,
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