Rules
of Procedure
UNITED STATES SENATE COMMITTEE ON THE JUDICIARY
I. MEETINGS OF THE COMMITTEE
1. Meetings of the Committee may be called by the Chairman
as he may deem necessary on three days’ notice of
the date, time, place and subject matter of the meeting,
or in the alternative with the consent of the Ranking Minority
Member, or pursuant to the provision of the Standing Rules
of the Senate, as amended.
2. Unless otherwise called pursuant to (1) of this section,
Committee meetings shall take place promptly at 9:30 AM
each Thursday the Senate is in session.
3. At the request of any Member, or by action of the Chairman,
a bill, matter, or nomination on the agenda of the Committee
may be held over until the next meeting of the Committee
or for one week, whichever occurs later.
II. HEARINGS OF THE COMMITTEE
1. The Committee shall provide a public announcement of
the date, time, place and subject matter of any hearing
to be conducted by the Committee or any Subcommittee at
least seven calendar days prior to the commencement of that
hearing, unless the Chairman with the consent of the Ranking
Minority Member determines that good cause exists to begin
such hearing at an earlier date. Witnesses shall provide
a written statement of their testimony and curriculum vitae
to the Committee at least 24 hours preceding the hearing
in as many copies as the Chairman of the Committee or Subcommittee
prescribes.
2. In the event 14 calendar days’ notice of a hearing
has been made, any witness appearing before the Committee,
including any witness representing a Government agency,
must file with the Committee at least 48 hours preceding
her appearance a written statement of her testimony and
curriculum vitae in as many copies as the Chairman of the
Committee or Subcommittee prescribes. In the event the witness
fails to file a written statement in accordance with this
rule, the Chairman may permit the witness to testify, or
deny the witness the privilege of testifying before the
Committee, or permit the witness to testify in response
to questions from Senators without the benefit of giving
an opening statement.
III. QUORUMS
1. One-third of the membership of the Committee, actually
present, shall constitute a quorum for the purpose of discussing
business. Eight members of the Committee, including at least
two members of the minority, must be present to transact
business. No bill, matter, or nomination shall be ordered
reported from the Committee, however, unless a majority
of the Committee is actually present at the time such action
is taken and a majority of those present support the action
taken.
2. For the purpose of taking sworn testimony, a quorum
of the Committee and each Subcommittee thereof, now or hereafter
appointed, shall consist of one Senator.
IV. BRINGING A MATTER TO A VOTE
1. The Chairman shall entertain a non-debatable motion
to bring a matter before the Committee to a vote. If there
is objection to bring the matter to a vote without further
debate, a roll call vote of the Committee shall be taken,
and debate shall be terminated if the motion to bring the
matter to a vote without further debate passes with ten
votes in the affirmative, one of which must be cast by the
minority.
V. AMENDMENTS
1. Provided at least seven calendar days’ notice
of the agenda is given, and the text of the proposed bill
or resolution has been made available at least seven calendar
days in advance, it shall not be in order for the Committee
to consider any amendment in the first degree proposed to
any measure under consideration by the Committee unless
such amendment has been delivered to the office of the Committee
and circulated via e-mail to each of the offices by at least
5:00 PM the day prior to the scheduled start of the meeting.
2. It shall be in order, without prior notice, for a Member
to offer a motion to strike a single section of any bill,
resolution, or amendment under consideration.
3. The time limit imposed on the filing of amendments shall
apply to no more than three bills identified by the Chairman
and included on the Committee’s legislative agenda.
4. This section of the rule may be waived by agreement
of the Chairman and the Ranking Minority Member.
VI. PROXY VOTING
1. When a recorded vote is taken in the Committee on any
bill, resolution, amendment, or any other question, a quorum
being present, a Member who is unable to attend the meeting
may submit her vote by proxy, in writing or by telephone,
or through personal instructions. A proxy must be specific
with respect to the matters it addresses and may not be
counted either in reporting a matter, bill, or nomination
to the floor, or in preventing any of the same from being
reported to the floor.
VII. SUBCOMMITTEES
1. Any Member of the Committee may sit with any Subcommittee
during its hearings or any other meeting, but shall not
have the authority to vote on any matter before the Subcommittee
unless she is a Member of such Subcommittee.
2. Subcommittees shall be considered de novo whenever there
is a change in the Subcommittee chairmanship and seniority
on the particular Subcommittee shall not necessarily apply.
3. Except for matters retained at the full Committee, matters
shall be referred to the appropriate Subcommittee or Subcommittees
by the Chairman, except as agreed by a majority vote of
the Committee or by the agreement of the Chairman and the
Ranking Minority Member.
4. Provided all Members of the Subcommittee consent, a
bill or other matter may be polled out of the Subcommittee.
In order to be polled out of a Subcommittee, a majority
of the Members of the Subcommittee who vote, must vote in
favor of reporting the bill or matter to the Committee.
VIII. ATTENDANCE RULES
1. Official attendance at all Committee markups and executive
sessions of the Committee shall be kept by the Committee
Clerk. Official attendance at all Subcommittee markups and
executive sessions shall be kept by the Subcommittee Clerk.
2. Official attendance at all hearings shall be kept, provided
that Senators are notified by the Committee Chairman and
Ranking Minority Member, in the case of Committee hearings,
and by the Subcommittee Chairman and Ranking Minority Member,
in the case of Subcommittee hearings, 48 hours in advance
of the hearing that attendance will be taken; otherwise,
no attendance will be taken. Attendance at all hearings
is encouraged.
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