# Senate Standing Committees’ Rules on Legislative Activities and Executive Business: Analysis for the 114th Congress > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AR43799 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** December 1, 2016 - **Citation:** R43799 ## Text 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) . Congressional Research Service 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 Congressional Research Service 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 Congressional Research Service 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 Congressional Research Service 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 Congressional Research Service Senate Standing Committees’ Rules on Legislative Activities and Executive Business Contacts Author Contact Information .......................................................................................................... 80 Congressional Research Service 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...) Congressional Research Service 1 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. Congressional Research Service 2 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. Congressional Research Service 3 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. Congressional Research Service 4 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. Congressional Research Service 5 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. Congressional Research Service 6 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 7 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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 Congressional Research Service 8 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 9 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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 Congressional Research Service 10 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 11 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 12 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’ Congressional Research Service 15 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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: Congressional Research Service 16 Senate Standing Committees’ Rules on Legislative Activities and Executive Business      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. Congressional Research Service 18 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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). Congressional Research Service 19 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 20 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 21 Senate Standing Committees’ Rules on Legislative Activities and Executive Business  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. Congressional Research Service 22 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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.”) Congressional Research Service 23 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 24 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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.”) Congressional Research Service 25 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 26 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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.” Congressional Research Service 27 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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. Congressional Research Service 28 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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) . Congressional Research Service 29 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) . Congressional Research Service 30 Senate Standing Committees’ Rules on Legislative Activities and Executive Business 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR43799. Public record. Not legal advice.