Publisher's Synopsis
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 113th Congress 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 114th Congress.
