Parliamentary Reference Sources: Senate

Parliamentary Reference Sources: Senate
Updated April 21, 2008
Megan Suzanne Lynch
Analyst on the Congress and Legislative Process
Government and Finance Division
Richard S. Beth
Specialist on the Congress and Legislative Process
Government and Finance Division



Parliamentary Reference Sources: Senate
Summary
The Senate’s procedures are determined not only by its standing rules, but also
by its standing orders, published precedents, committee rules, and informal practices.
Constitutional mandates and rule-making statutes also impose procedural
requirements on the Senate, and rules of Senate party conferences can sometimes
affect committee and floor action. Parliamentary reference sources set forth the text
of these authorities or provide information about how and when they govern different
parliamentary situations. This report discusses the coverage, format, and availability
of three types of Senate parliamentary reference sources: official sources such as the
Senate Manual and Riddick’s Senate Procedure; publications of committees and
offices of the Senate; and rules of party conferences. The report also reviews some
key principles of Senate parliamentary procedure that bear on appropriate use of
these sources. Summaries and appendices provide citations to print and electronic
versions, and list related Congressional Research Service (CRS) products.
The Senate sets forth its chief procedural authorities in the Senate Manual, a
new edition of which appears periodically as a Senate Document and is distributed
to Senators’ and committee offices. Among these authorities, the Senate also
publishes its Standing Rules as a separate document, and the Constitution is available
in an annotated edition prepared by CRS. The Manual also contains more
specialized authorities, such as permanent standing orders, rules for impeachment
trials, and a manual of procedures related to House-Senate conferences. Other Senate
procedural authorities include Riddick’s Senate Procedure, last published in 1992 but
with online updates, which offers a topically ordered digest of precedents interpreting
Senate procedures and standard forms for procedural action.
The Senate also often regulates itself through orders entered by unanimous
consent, either as standing orders or for the consideration of individual measures;
these can often most readily be found in the Congressional Record. Some statutes
contain “rule-making” provisions that act as procedural authorities, though no Senate
source compiles all of them. Each committee adopts its own written rules, which are
published in the Record and compiled, in each Congress, in Authority and Rules of
Senate Committees, a print of the Committee on Rules and Administration. Other
Senate committee prints, which provide supporting information on elements of
Senate procedure, include Budget Process Law Annotated, the Senate Cloture Rule,
and Treaties and Other International Agreements. The parliamentarians in both
chambers have prepared concise summary documents on procedure in the legislative
process. In the Senate, currently only the Republican Conference appears to have
adopted written rules.
This report assumes a basic familiarity with Senate procedures. It will be
updated to reflect the appearance of new editions of the documents discussed and to
address substantial changes in their content and availability. Information about
House parliamentary reference sources is provided in CRS Report RL30787,
Parliamentary Reference Sources: House of Representatives, by Richard S. Beth and
Megan Suzanne Lynch.



Contents
In troduction ......................................................1
Principles of Senate Parliamentary Practice.............................3
Multiple Sources of Senate Procedure..............................3
Constitutional Rule-Making Authority of the Senate..................4
Enforcing the Senate Rules and Precedents .........................4
The Senate’s Reliance on Unanimous Consent.......................6
The Importance of Precedents....................................6
The Senate’s Unofficial Practices.................................7
The Senate Manual and Authorities it Contains..........................8
Senate Manual................................................8
Standing Rules of the Senate.....................................9
Permanent Standing Orders.....................................11
Rules for Regulation of the Senate Wing...........................13
Rules for Impeachment Trials...................................13
Cleaves’ Manual on Conferences................................15
Laws Relating to the Senate.....................................15
Constitution .................................................16
Other Official Senate Parliamentary Authorities.........................19
Riddick’s Senate Procedure.....................................19
Rulemaking Statutes and Budget Resolutions ......................25
Legislative Reorganization Acts.............................25
Expedited Procedures......................................25
Budget Process Statutes....................................26
Procedural Provisions in Budget Resolutions...................26
Standing Orders by Unanimous Consent...........................29
Unanimous Consent Agreements.................................31
Committee Rules of Procedure..................................32
Publications of Committees and Offices of the Senate....................35
Budget Process Law Annotated..................................35
Senate Cloture Rule...........................................36
Treaties and Other International Agreements.......................36
Enactment of a Law...........................................37
How Our Laws Are Made......................................38
Rules of Senate Party Conferences...................................39
Appendix A. Senate Parliamentary Reference Sources...................40
Official Reference Sources.....................................40
Publications of Committees and Offices of the Senate................40
CRS Products................................................41
Appendix B. Senate Parliamentary Reference Information Available Through
the Internet..................................................43



CRS Guides to Congressional Processes...........................43
GPO Access.................................................43
Other Library of Congress Sites..................................44



Parliamentary Reference Sources: Senate
Introduction
The Senate’s procedures are not based solely on its standing rules. The
foundations of Senate procedure also include the body’s standing orders, published
precedents, rule-making statutes, committee rules, and informal practices.
Constitutional mandates also impose procedural requirements on the Senate, and
rules of the Senate’s party conferences can sometimes affect committee and floor
action.
Various reference sources provide information about how and when these
foundations of Senate procedures govern specific parliamentary situations. This
report discusses the contents, format, and availability of reference sources that
provide information about contemporary procedures in the Senate. It covers three
types of parliamentary reference authority:
!official documents that set forth Senate rules, precedents, or other
sources parliamentary authority, such as the Senate Manual,
Riddick’s Senate Procedure, rule-making statutes, and the rules
adopted by Senate committees;
!publications on procedure from committees and offices of the Senate
(e.g., Enactment of a Law, a document prepared by the Senate
Parliamentarian); and
!rules of the Senate’s party conferences.
Before describing the individual parliamentary reference sources that fall into each
of these groups, this report reviews some principles of Senate parliamentary
procedure that are applicable when using and evaluating information from these
sources.
The report next takes up the Senate’s official parliamentary reference sources.
These are documents that set forth authoritative statements of Senate rules,
procedures, and precedents. Senators often cite these official reference sources when
raising a point of order or defending against one. This report discusses the following
procedural authorities:
!Senate Manual;
!Standing Rules of the Senate;
!Permanent standing orders of the Senate;
!Rules for Regulation of the Senate Wing of the Capitol;
!Rules for Impeachment Trials;



!Cleaves’ Manual on Conferences;
!Laws Relating to the Senate;
!the Constitution;
!Riddick’s Senate Procedure;
!rule-making statutes;
!Standing orders of the Senate adopted by unanimous consent;
!unanimous consent agreements; and
!committee rules.
Following the description of each authority, a box presents information on how
to consult the source, including any versions available through the Internet. Names
of websites are listed in bold type. Many of the descriptions are also accompanied
by sample pages excerpted from the printed version of the official source documents
in which they appear, which show the format of the document and are annotated to
indicate special features and components. Although some of these excerpts are not
drawn from the most recent edition of the source in question, they illustrate the same
format and other features retained in the current editions.
A number of additional publications of committees and other offices of the
Senate, which do not themselves constitute parliamentary authorities of the Senate,
nevertheless provide background information on those parliamentary authorities and
guidance on their use. Those discussed in this report include:
!Budget Process Law Annotated;
!Senate Cloture Rule;
!Treaties and Other International Agreements;
!Enactment of a Law; and
!How Our Laws Are Made
The rules of the party conferences are also included within the scope of the report
because, although they do not themselves govern Senate proceedings, their provisions
may nevertheless have effects on those proceedings. The report presents a
description of each parliamentary reference source in these groups, and each
description is, again, followed by a box presenting information on how to consult the
source, including its availability on the Internet.
Two appendices summarize the information on access presented in the boxes
throughout the report. Appendix A furnishes citations for each reference source
described in this report and for relevant Congressional Research Service (CRS)
products. A summary of Senate parliamentary reference information available
through the Internet is provided in Appendix B.
Official guidance on Senate procedure is available from the Office of the Senate
Parliamentarian (4-6128). CRS staff (7-5700) also can assist with clarifying Senate
rules and procedures.



Principles of Senate Parliamentary Practice
The Senate applies the regulations set forth in its various parliamentary
authorities in accordance with several principles that remain generally applicable
across the entire range of parliamentary situations: Among these principles may be
listed the following: (1) Senate procedures derive from multiple sources; (2) the
Senate has the constitutional power to make its own rules of procedure; (3) Senators
often must initiate enforcement of their rules; (4) the Senate conducts much of its
business by unanimous consent; (5) the Senate usually follows its precedents; and (6)
the Senate adheres to many informal practices. Each of these principles is discussed
below.
Multiple Sources of Senate Procedure
The standing rules of the Senate may be the most obvious source of Senate
parliamentary procedure, but they are by no means the only one. Other sources of
Senate procedures include
!requirements imposed by the Constitution, particularly those in
Article I, Section 5;
!standing orders of the Senate;
!precedents of the Senate;
!statutory provisions that establish procedural requirements (hereafter
referred to as “rule-making statutes”);
!rules of procedure adopted by each committee;
!rules of the Senate’s party conferences;
!procedural agreements entered into by unanimous consent; and
!informal practices that the Senate adheres to by custom.
In order to answer a question about Senate procedure, it often is necessary to
take account of several of these sources. For example, Rule XIX of the Senate’s
standing rules provides that “the presiding officer shall recognize the Senator who
shall first address him.”1 When several Senators seek recognition at the same time
however, there is precedent that “priority of recognition shall be accorded to the
majority leader and minority leader, the majority manager and minority manager, in
that order.”2 This precedential principle sometimes can have significant
consequences on the Senate floor. For example, it gives the majority leader the
opportunity to offer the debate-ending motion to table, or to propose second-degree
amendments to “unfriendly” first-degree amendments.


1 Rule XIX, in U.S. Congress, Senate, Senate Manual, S. Doc. 107-1, 107th Cong., 1st sess.,
prepared by Committee on Rules and Administration (Washington: GPO, 2002), sec. 19.
2 Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure: Precedents and
Practices, S.Doc. 101-28, 101st Cong., 2nd sess. (Washington: GPO, 1992), p. 1098.

Constitutional Rule-Making Authority of the Senate
Article I of the Constitution gives the Senate the authority to determine its rules
of procedure. There are two dimensions to the Senate’s constitutional rule-making
authority. First, the Senate can decide what rules should govern its procedures. The
Senate exercises this rule-making power when it adopts an amendment to the
standing rules, or creates a new standing rule, by majority vote. The Senate also uses
its rule-making power when it creates standing orders, and when it enacts rule-
making provisions of statutes such as the Congressional Budget and Impoundment
Act of 1974. Standing orders and rule-making provisions of law have the same
standing and effect as the Senate’s standing rules because all are created through an
exercise of the Senate’s constitutional rule-making authority.
The second dimension to the Senate’s rule-making authority is that the chamber
can decide when its rules of procedure should not govern. In practical terms, this
means the Senate can waive its rules by unanimous consent. Under a provision of
Senate Rule V, the body can also suspend its rules by a two-thirds vote, although this
course is procedurally difficult and rarely taken. The Senate has no established
means to supersede its rules by majority vote, an option that is available to the House
through the adoption of a “special rule.”3 The Senate can achieve the effect of
waiving a rule if a majority votes to overrule a decision of the presiding officer to
sustain a point of order, or not to sustain a point of order that the presiding officer has
submitted to the full body for decision.4 Action of this kind, however, not only sets
the rule aside for the immediate situation, but thereby establishes a precedent that
will govern subsequent rulings of the presiding officer interpreting the meaning and
applicability of that rule. In some cases, decisions of the Senate on points of order
have had the effect of rendering a rule unenforceable in its previous generally
accepted sense.
Enforcing the Senate Rules and Precedents
The Senate’s presiding officer (whether it is the Vice President or a Senator of
the majority party) does not always call to the chamber’s attention that a violation of5
Senate rules is taking place. The Senate often can violate its procedures unless a
Senator makes a point of order, at the right moment, that the proposed action violates
the standing rules or precedents, a constitutional provision, or a source of procedure


3 Special rules are resolutions reported by the House Rules Committee that usually specify
how a measure is to be considered on the floor. Once the House adopts a special rule by a
majority vote, it governs consideration of the measure. Special rules often waive procedural
requirements imposed by the rules of the House or rule-making statutes.
4 Section 904 of the Congressional Budget Act establishes a procedure by which the Senate
can vote to waive certain budget-related prohibitions and requirements in an individual case
by majority vote or by a three-fifths vote of all Senators.
5 An important exception occurs when the Senate is operating under cloture. When this
happens, the precedents provide that the presiding officer has the authority to rule all
dilatory motions out of order on his own initiative. See Senate Rule XXII, paragraph 2, in
Senate Manual, sec. 22.2.

that has the same authority as a standing rule (i.e., standing order, rule-making
statute, or unanimous consent agreement).
When a point of order is raised, the presiding officer usually makes a ruling
without debate. Under Rule XX, the presiding officer has the option of submitting
“any question of order for the decision of the Senate.” He rarely does this, but may
do so if the existing rules and precedents do not speak clearly on the parliamentary
question at hand. In such cases, the presiding officer will often invite debate on the
question of order.
The presiding officer must submit two types of questions of order to the Senate
for it to decide. First, under Rule XVI, paragraph 4, the Senate decides questions
concerning the germaneness or relevance of most amendments to appropriations bills,
and does so without debate. Second, according to the Senate’s precedents, the Senate
is to decide all constitutional questions, with debate usually allowed.6 This practice
rests on the principle that the presiding officer possesses authority only over the
interpretation of procedures established by the Senate, and only the Senate itself
possesses any such authority in relation to the Constitution.
Any Senator can appeal the ruling of the presiding officer on a question of order.
The Senate then decides, usually by majority vote, to uphold or overturn the presiding
officer’s decision. This vote usually establishes a precedent that guides the presiding
officer in deciding future questions of order, unless and until this precedent is
overturned by another decision of the Senate or by a rules change. Some rulemaking
statutes require a super-majority vote to overturn on appeal the presiding officer’s
ruling on a point of order.7
Senators are much more likely than Representatives to appeal decisions of their
presiding officer. This difference in the practices of the two chambers arises largely
because the officer who presides over the proceedings of the House of
Representatives is either the Speaker of the House, who is the elected leader of the
majority party, or her designee. An appeal of the decision of the chair on a point of
order could thus be viewed as a vote against the Speaker’s leadership. This situation
does not arise in the Senate, because the constitutional presiding officer of the Senate
is the Vice President, who is not elected as a leader of a Senate majority.
Parliamentary actions taken on the basis of an informal practice, or a rule of one
of the Senate’s party conferences, are not enforceable on the Senate floor. While
informal practices and party conference rules can affect Senate committee and floor
action, they are not invoked through an exercise of the Senate’s constitutional rule-
making authority; hence, they do not have the same authority as Senate rules and
procedures. Informal practices evolve over the years as custom, and party conference
rules are adopted and enforced by each party.


6 Riddick’s Senate Procedure, pp. 989 and 1491-1492.
7 For examples of provisions that would require such a super-majority, see Section 904(d)
of the Congressional Budget Act, P.L. 93-344 as amended, (2 U.S.C. 621 note)

The Senate’s Reliance on Unanimous Consent
The Senate’s Standing Rules emphasize the rights of individual Senators, in
particular by affording each Senator the right to debate at length and the right to offer
amendments even if they are not relevant to the bill under consideration. It would
be impossible for the Senate to act on legislation in a timely fashion if Senators
always exercised these two powerful rights. For this and other reasons, the Senate
often agrees by unanimous consent to operate outside its standing rules.
In practice, Senate business is frequently conducted under unanimous consent
agreements, known as “time agreements” when they include limits on the time for
debating measures, amendments, motions or other questions. These agreements also
may structure the amendment process and require the germaneness or relevance of
amendments. Unanimous consent agreements may be used to bring up a measure,8
to define how the measure will be considered on the floor, and to control how the
Senate will consider individual amendments.
Given the fact that it takes only one Senator to object to a unanimous consent
agreement, each agreement is carefully crafted by the majority leader, in consultation
with the minority leader, leaders of the committee that reported the bill in question,
and other Senators who have indicated a particular interest in the legislation. The
agreement is then formally propounded on the floor, usually again by the majority
leader, and takes effect if no Senator objects. Once entered into, a consent agreement
has the same authority as the Senate’s standing rules and is enforceable on the Senate
floor. Consent agreements have the effect of changing “all Senate rules and
precedents that are contrary to the terms of the agreement.”9 One could argue that
these agreements are even stronger than the standing rules because once entered into,
they can be altered only by a further unanimous consent; this is a more rigorous
threshold than the majority vote requirement for changing the Senate’s standing rules.
The Importance of Precedents
The published precedents of the Senate expound the ways in which the Senate
has interpreted and applied its rules. The precedents both complement and
supplement the rules of the Senate. As illustrated earlier by the example of according
priority recognition to the majority leader, the close interplay between the precedents
and the standing rules often makes it necessary to consult the precedents for guidance
on how rules are to be understood. The brevity of the Senate’s standing rules often
makes the body’s precedents particularly important as a determinant of proceedings.
Precedents are analogous to case law in their effect. Just as attorneys in court
will cite previous judicial decisions to support their arguments, Senators will cite


8 A body of precedents has developed on how unanimous consent agreements are to be
interpreted and applied in different procedural situations. These precedents are covered in
Riddick’s Senate Procedure, pp. 1311-1369. The majority leader often calls up a measure
by unanimous consent rather than by offering a motion to proceed to consideration of the
measure. The motion to proceed is usually debatable, and hence open to a filibuster.
9 Riddick’s Senate Procedure, p. 1311.

precedents of the Senate to support a point of order, or defend against one, or to
argue for or against an appeal of the presiding officer’s ruling on a point of order.
Similarly, the presiding officer will often support his or her ruling by citing the
precedents. In this way, precedents influence the manner in which current Senate
rules are applied by relating past decisions to the specific case before the chamber.
Precedents usually are established when the Senate votes on questions of order
(i.e., on a point of order that the presiding officer has submitted to the body, or on
whether to uphold or overturn a ruling of the presiding officer), or when the presiding
officer decides a question of order and this ruling is not appealed. Historically, the
Senate follows such precedents until “the Senate in its wisdom should reverse or
modify that decision.”10 Precedents also can be created when the presiding officer
responds to a parliamentary inquiry.
Precedents do not carry equal weight. Inasmuch as the Senate itself has the
ultimate constitutional authority over its own rules, precedents reflecting the
judgment of the full Senate are considered the most authoritative. Accordingly,
precedents based on a vote of the Senate have more weight than those based on
rulings of the presiding officer. Responses of the presiding officer to parliamentary
inquiries have even less weight, because they are subject to no process of appeal
through which the full Senate could confirm or contest them. In addition, more
recent precedents generally have greater weight than earlier ones, and a precedent
that reflects an established pattern of rulings will have more weight than a precedent
that is isolated in its effect. All precedents also must be evaluated in the historical
context of the Senate’s rules and practices at the time the precedents were
established. Senators seeking precedents to support or rebut an argument may
consult the Senate Parliamentarian’s Office (4-6128).
The Senate’s Unofficial Practices
Some Senate procedural actions are based on unofficial practices that have
evolved over the years and become accepted custom. These practices do not have the
same standing as the chamber’s rules, nor are they compiled in any written source of
authority. Although these unofficial practices cannot be enforced on the Senate floor,
many of them are well established and customarily followed. Some contemporary
examples of unofficial practices include respecting “holds” that individual Senators
sometimes place on consideration of specific measures, and giving the majority
leader or his designee the prerogative to offer motions to proceed to the consideration
of a bill, to recess, or to adjourn.


10 Riddick’s Senate Procedure, p. 987.

The Senate Manual and Authorities it Contains
Senate Manual
The Senate Manual compiles in a single document many of the chief official
parliamentary authorities of the Senate, several of which are not readily available in
any other current publication.11 The publication, prepared under the auspices of the
Senate committee on Rules and Administration, appears periodically in a new edition
as a Senate Document. The current edition, which was issued in the 107th Congress,
contains the text of the following parliamentary authorities (the titles given are those
used in the Manual):12
!The Standing Rules of the Senate, with its own table of contents and
index;
!Non-Statutory Standing Orders Not Embraced in the Rules, and
Resolutions Affecting the Business of the Senate;
!Rules for Regulation of the Senate Wing of the United States Capitol
and Senate Office Buildings;
!Rules of Procedure and Practice in the Senate When Sitting on
Impeachment Trials;
!Cleaves’ Manual of the Law and Practice in Regard to Conferences
and Conference Reports, with its own index;
!General and Permanent Laws Relating to the U.S. Senate, with its
own table of contents; and
!The Constitution of the United States of America, as well as the
amendments to the Constitution, with its own index.
The following sections of this part discuss each of these authorities in more detail,
with references, where appropriate, to other available sources in which the authority
is also presented.
The Manual also contains a general table of contents and an index, which are
less detailed in their references to the respective components than are the special
tables of contents and indexes, when present. Individual provisions of each
procedural authority are assigned section numbers that run throughout the Manual
in a single sequence, often with gaps between the end of one section and the start of
the next, and that always appear in bold type. The section numbers assigned to the
Standing Rules correspond to the numbers of the rules themselves. For example,
paragraph 2 of Senate Rule XXII, which sets forth the cloture rule, is found at section
22.2 of the Manual. All the indexes to the Manual direct readers to these section
numbers. For example, the indexes indicate that the motion to adjourn is covered in


11 The Senate Manual also includes a variety of historical and statistical information; this
report describes only those materials included in the Manual that constitute procedural
authorities.
12 The excerpts from the Senate Manual that appear later in this part of this report were
taken from the 103rd Congress edition, S. Doc. 103-1 (Washington: GPO, 1993). These
excerpts illustrate the same format and other features retained in the most recent edition
(S.Doc. 107-1).

Manual sections 6.4, 9, and 22.1. For this reason, the document is generally cited by
section number rather than by page. The indexes should be examined thoroughly to
find all pertinent citations.
Senate Manual
U.S. Congress, Senate, Senate Manual, S.Doc. 107-1, 107th Cong., 1st sess.,
compiled by the Senate Committee on Rules and Administration, (Washington:
GPO, 2002).
Print: When published, the Senate Manual is distributed to offices of Senators
and committees; limited copies are available from Senate Printing and
Document Services (4-7701). The Senate Manual also can be consulted at the
CRS Senate Research Center (7-5978) in B-07, Russell Senate Office building.
Internet: The Senate Manual
GPO Access, a website of the Government Printing Office:
The full text of the Senate Manual can be searched online at
[ h ttp://www.gpoaccess.gov/smanual/index .html] .
Standing Rules of the Senate
The Senate does not re-adopt its code of Standing Rules at the beginning of
each new Congress, but instead has always regarded its rules as continuing in effect13
without having to be re-adopted. The Senate follows this practice on grounds that
it is a continuing body, inasmuch as only one-third of its membership enters on new
terms of office after every biennial election, so that a quorum is continuous. Changes
to the standing rules are proposed in the form of Senate resolutions, which can beth
adopted by majority vote. At the start of the 110 Congress, there were 44 standing
rules of the Senate.
The Standing Rules of the Senate are set forth both in the Senate Manual and
in a free-standing Senate Document periodically issued by the Senate Committee on
Rules and Administration, the most recent edition of which is Standing Rules of the
Senate (Senate Document 110-9). This free-standing print reflects changes made to
the rules since the last edition of the Manual.
In both the Manual and the separate print, the Standing Rules appear with
footnotes indicating amendments adopted since their last general revision in 1979.
These footnotes cite the resolution adopted by the Senate to make the rules change.
The Manual and the separate print each present the Standing Rules with an itemized
table of contents and a detailed, separate index.


13 This principle is now embodied in paragraph 2 of Senate Rule V.


Reprinted on the preceding page is the text of Rule V and VI, from a recent
edition of the Standing Rules of the Senate.14
Standing Rules of the Senate
U.S. Congress, Senate, Standing Rules of the Senate, Revised to September 14,

2007, S.Doc. 110-9, 110th Cong., 1st sess. (Washington: GPO, 2007).


Print: When published, the Standing Rules of the Senate document is
distributed to the offices of Senators and committees. Copies also are available
from Senate Printing and Document Services (4-7701). The Standing Rules of
the Senate also appear in the Senate Manual, secs. 1-50.
Internet: The Senate’s standing rules (with no footnotes or index) are
available through the following:
Senate home page
[http://rules.senat e.gov/senaterules/]
CRS, the Congressional Research Service
Guide to “Congressional Processes” at
[ http://www.crs.gov/products/guides/guidehome.shtml]
THOMAS, the public access website of the Library of Congress
[ http://thomas.loc.gov/home/legb ranch/legb ranch.html]
Permanent Standing Orders
From time to time, the Senate adopts a resolution or agrees to a unanimous
consent request to create a standing order of the Senate. A standing order, while not
embraced in the Standing Rules, operates with the same authority as a standing rule,
and is enforceable on the Senate floor in the same way. A standing order remains in
effect until repealed by the Senate, unless otherwise specified in the order itself.
The standing orders that the Senate has created by the adopting resolutions and
that remain in effect are compiled in the Senate Manual under the heading
“Nonstatutory Standing Orders Not Embraced in the Rules, and Resolutions
Affecting the Business of the Senate.” This is the only readily available compilation
of permanent standing orders currently in effect. In addition to setting forth the text
of these standing orders, the Senate Manual provides: (1) a heading stating the
subject matter of each; and (2) a citation to the Senate resolution(s) that created and
amended it (especially for older standing orders, a citation to the Senate Journal is
sometimes provided). Footnotes provide supplementary information, such as noting
when references in the standing order (e.g., the name of a committee) were changed.


14 U.S. Congress, Senate, Standing Rules of the Senate, Revised to September 14, 2007,
S.Doc. 110-9, 110th Cong., 1st sess. (Washington: GPO, 2007), p. 4.

Reprinted below is a standing order dealing with the authority of the Committee on
Appropriations, as it appears in the Senate Manual.15
Sources for standing orders adopted by unanimous consent and effective only
for a single Congress or other limited period of time are covered below in the section
“Standing Orders by Unanimous Consent.”
Standing Orders
A compilation of standing orders adopted by resolution and currently in effect
appears in the Senate Manual, sections 60-114.


15 “Standing Orders of the Senate”, in Senate Manual, S.Doc. 103-1, p. 106.

Rules for Regulation of the Senate Wing
Senate Rule XXXIII authorizes the Senate Committee on Rules and
Administration to make “rules and regulations respecting such parts of the Capitol
... as ... may be set apart for the use of the Senate.” The rule is so framed as to extend
this authority to the entire Senate side of the Capitol complex, and explicitly includes
reference to the press galleries and their operation.16 Several of the regulations
adopted by the Committee on Rules and Administration under this authority have a
bearing on floor activity, including ones addressing: (1) the floor duties of the
secretaries for the majority and for the minority; (2) the system of “legislative buzzers
and signal lights;” and (3) the “use of display materials in the Senate chamber.”17
These regulations are carried in the Senate Manual under the heading “Rules for
Regulation of the Senate Wing of the United States Capitol and Senate Office
Buildings.” (Before 1998, the title used was “Rules for Regulation of the Senate
Wing of the United States Capitol.”)18 Footnotes in this section include citations to
the date when various regulations were adopted, identification of amendments
adopted and citations to their dates, and references to related authorities.
Rules for Regulation of the Senate Wing
Current regulations adopted by the Senate Committee on Rules and
Administration for Regulation of the Senate portion of the Capitol complex
are presented in the Senate Manual, secs. 120-136.
Internet: The full text of the Senate Manual can be searched online at
GPO Access, a website of the Government Printing Office
[ h ttp://www.gpoaccess.gov/smanual/index .html] .
Rules for Impeachment Trials
The Senate has adopted a special body of rules to govern its proceedings when
sitting as a Court of Impeachment to try impeachments preferred to it by the House
of Representatives. The Senate treats these rules, like its Standing Rules, as
remaining permanently in effect unless altered by action of the Senate. On occasion,
usually when the trial of an impeachment is in prospect, the Senate has adopted
amendments to these rules. Significant changes occurred in 1974, when an
impeachment of President Richard Nixon was impending, and the most recent
amendments were adopted in 1986, pursuant to S.Res. 479 of the 99th Congress, in


16 Senate Rule XXXIII, paragraph 2, in Senate Manual, sec. 33.2.
17 Rules II, XV, and XVII for Regulation of the Senate Wing, in Senate Manual, secs. 121,

134, and 136, respectively.


18 See U.S. Congress, Senate, Senate Manual, S. Doc. 104-1, 104th Cong., 1st sess., prepared
by the Senate Committee on Rules and Administration (Washington: GPO, 1995), sec. 80.

preparation for the trial of the impeachment of Federal District Judge Harry E.
Claiborne.
The Senate Manual presents these rules for impeachment trials, as most recently
revised in 1986, under the heading “Rules of Procedure and Practice in the Senate
When Sitting on Impeachment Trials.” Otherwise, these rules were most recently
printed in 1999 as part of a volume (S.Doc. 106-2) containing the articles of
impeachment against President William J. Clinton in 1999, the President’s response,
and the replication of the House. Previously, the Senate in 1986 published a
document, entitled Procedure and Guidelines for Impeachment Trials in the United
States Senate (S.Doc. 99-33), which contains not only these rules for trying
impeachments, but also a variety of additional materials concerning procedure in
impeachments. These materials included pertinent excerpts from the Constitution
and the Standing Rules of the Senate, descriptions of the “Sequence of events at the
beginning of a trial” and “Sequence of events at the close of a trial,” and a summary
of “Precedents and practices for impeachment trial.” This summary is arranged
alphabetically by topic, with citations to the Congressional Record, Senate Journal,
or other documents for each precedent cited, in much the same format used in
Riddick’s Senate Procedure (discussed below).
Rules for Impeachment Trials
The “Rules of Procedure and Practice in the Senate When Sitting on
Impeachment Trials” appear in the Senate Manual at secs. 140-165.
Print: Other than in the Senate Manual, these rules were most recently printed
in: U.S. Congress, Senate, Impeachment of President William Jefferson
Clinton, (S. Doc. 106-2), 106th Cong., 1st sess., printed at the direction of Gary
Sisco, Secretary of the Senate (Washington: GPO, 1999), pp. 3-13. This
document is available from Senate Printing and Document Services (4-7701).
These rules also appear in: U.S. Congress, Senate, Procedure and Guidelines
for Impeachment Trials in the United States Senate (Revised Edition), S.Doc.

99-33, 99th Cong., 2nd sess., prepared pursuant to Senate Resolution 439, 99th


Congress. 2d session, submitted by Senator Robert C. Byrd and Senator
Robert Dole, by Floyd M. Riddick, Parliamentarian Emeritus of the United
States Senate and Robert B. Dove, Parliamentarian of the United States Senate
(Washington: GPO, 1986), pp. 2-8.
Internet: Both of the Senate Documents cited can be accessed, in both text
and in PDF format, through:
GPO Access, a website of the Government Printing Office
[http://www.access.gpo.gov/congress/senate/miscspub.html ]



Cleaves’ Manual on Conferences
Cleaves’ Manual presents a digest of the rules, precedents, and other provisions
of parliamentary authorities governing Senate practice in relation to the functioning
of House-Senate conference committees and conference reports, as they stood at the
end of the 19th century. Although rules and practices governing conferences have
since altered in many respects, and many of the precedents now applicable to
conferences have been established since Cleaves’ Manual was prepared, many of the
principles compiled and set forth in Cleaves’ Manual are still applicable to current
practice.
The document, which was “collated and prepared” at the direction of the Senate
in 1900, is carried in the Senate Manual under the heading “Cleaves’ Manual of the
Law and Practice in Regard to Conferences and Conference Reports.” It includes
excerpts from the Manual of Parliamentary Practice prepared by Thomas Jefferson
as Vice President at the turn of the 19th century, as well as pertinent statements by
other Vice Presidents and by Speakers, excerpts from Senate Rules, statements of
principles established by precedent, and explanatory notes. In addition, a section at
the end sets forth forms for conference reports and joint explanatory statements.
The material presented in Cleaves’ Manual is arranged in numbered paragraphs
under a series of topical headings. Each entry includes a citation to the source of the
excerpt or to the rules and precedents on which the stated principles are based. These
citations often reference the record of proceedings in the Congressional Record, its
predecessors, or the Senate Journal that established pertinent precedent. The Senate
Manual also includes a separate index to this compilation.
Cleaves’ Manual on Conferences
The text of Cleaves’ Manual, together with its index, is carried in the Senate
Manual at sections 170-231.
Laws Relating to the Senate
The most voluminous component of the Senate Manual presents a compilation
of “General and Permanent Laws Relating to the U.S. Senate.” The statutory
excerpts appear in their codified version (i.e., organized under the relevant title,
chapter and section of the United States Code). The Manual provides a separate
table of contents to the provisions included, but it sets forth the provisions
themselves without citation or commentary.
Although most of the selected provisions address the administration and
operations of the Senate, some of them bear on questions related to Senate procedure,
such as those concerning Senators’ oaths of office, officers of the Senate, and
investigative procedure in Senate committees. The compilation includes, as well,
some “rule-making statutes,” or statutory provisions that establish procedures for
Senate action on specified measures. The provisions included here are specifically
those associated with the congressional budget process and the Trade Act.



Rulemaking provisions of statute are discussed more comprehensively in the section
on “Rulemaking Statutes,” below, and the statutes regulating the budget process are
treated further in the section on “Budget Process Law Annotated.”
General and Permanent Laws Relating to the U.S. Senate
The selected excerpts from statute, together with their own table of contents,
are carried in the Senate Manual at secs. 250-1227.
Constitution
The Constitution imposes several procedural requirements on the Senate. For
example, Article I, section 5 requires the Senate to keep and publish an official
Journal of its proceedings, requires a majority quorum for the conduct of business
on the Senate floor, and mandates that a yea and nay vote take place upon the request
of one-fifth of the Senators present. The Constitution also bestows certain exclusive
powers on the Senate: Article II, section 2 grants the Senate sole authority to advise
and consent to treaties and executive nominations; and Article I, section 3 gives the19
Senate the sole power to try all impeachments.
The Senate Manual presents the text of the Constitution, followed by that of its
amendments. The Manual places bold brackets around text that has been amended,
and a citation directs readers to the Manual section containing the amendment. The
Manual also provides historical footnotes about the ratification of the Constitution
and each amendment, as well as a special index to the text.
Reprinted on the next page is an excerpt from Article I of the Constitution, as
it appears in the Senate Manual.20


19 The Senate’s “Rules for Impeachment Trials” are discussed above, in the section with
that title. The Senate’s advice and consent role is addressed in the section on “Treaties and
Other International Agreements,” below.
20 Constitution of the United States, in Senate Manual, S.Doc. 103-1, p. 825.


The Constitution
The Constitution and its amendments, together with a separate index, are
printed in the Senate Manual at secs. 760-797.5.
Print: The text of the Constitution and amendments, with annotations prepared
by CRS that include references to decisions of the Supreme Court, is printed in:
U.S. Congress, Senate, The Constitution of the United States of America:th
Analysis and Interpretation, S.Doc. 108-17, 108 Cong., 2d sess., prepared by
the Congressional Research Service, Library of Congress, Johnny H. Killian,
George A. Costello, Kenneth R. Thomas, co-editors (Washington: GPO, 2004).
This document is often referred to as The Constitution Annotated.
Between comprehensive revisions, The Constitution Annotated is supplemented
by “pocket parts” also prepared by CRS. The current supplement is: U.S.
Congress, Senate, The Constitution of the United States of America: Analysisthst
and Interpretation: 2006 Supplement, S.Doc. 110-6, 110 Cong., 1 sess,
prepared by the Congressional Research Service, Library of Congress, Kenneth
R. Thomas, editor-in-chief (Washington: GPO, 2007).
Internet: The Constitution of the United States of America: Analysis and
Interpretation is available through the following websites:
CRS, the Congressional Research Service
[ h ttp://www.crs.gov/products/conan/] .
GPO Access, a website of the Government Printing Office:
[ http://www.gpoaccess.gov/constitution/index .html] .
The Constitution, with its amendments, is available through:
THOMAS, the public access website of the Library of Congres,
[ http://lcweb2.loc.gov/ const/const.html]



Other Official Senate Parliamentary Authorities
Riddick’s Senate Procedure
Riddick’s Senate Procedure, often referred to simply as Riddick’s Procedure,
is the most comprehensive reference source covering Senate rules, precedents, and
practices. Its principal purpose is to present a digest of precedents established in the
Senate; the current edition, published in 1992, covers significant Senate precedents
established from 1883 to 1992. It was written by Floyd M. Riddick, Parliamentarian
of the Senate from 1964 to 1974, and Alan S. Frumin, Parliamentarian of the Senate
from 1987 to 1995 and Senior Assistant Parliamentarian since 1995. This edition is
an updated and revised version of the 1981 edition, written by Riddick. Earlier
editions of this and predecessor documents appeared under the names of earlier
Parliamentarians of the Senate, such as Charles J. Watkins, or Chief Clerks of the
Senate, such as Henry H. Gilfry, extending back in the 19th century.
As implied by its full title, Riddick’s Senate Procedure: Precedents and
Practices, the document also presents discussions of the practice of the Senate on the
basis of on its rules and customary practices as well as its precedents. It is organized
around procedural topics, which are presented in alphabetical order. For each
procedural topic, the volume first presents a summary of the general principles
governing that topic, followed by the text of relevant Standing Rules, constitutional
provisions, or rulemaking provisions of statute. Summaries of the principles
established by individual precedents are then presented under subject headings
organized in alphabetical order. The summaries rarely exceed one sentence. Many
of the subject headings are further divided into more detailed topics, which are also
presented in alphabetical order, and some of which may be further divided into
subtopics. For example, the topic “Cloture Procedure” has a subject heading
“Amendments After Cloture” which is further divided into 18 topics, such as
“Drafted Improperly” and “Filing of Amendments.”
Footnotes provide citations to the date, the Congress, and the session when
each precedent was established, and to the Congressional Record or Senate Journal
pages where readers can locate the pertinent proceedings (e.g., “July 28, 1916, 64-1,
Record, pp. 11748-50”). Footnote citations beginning with the word “see” indicate
precedents based on presiding officers’ responses to parliamentary inquiries; citations
without “see” indicate precedents created by ruling of the presiding officers or by
votes of the Senate.
An appendix to Riddick’s Procedure contains sample floor dialogues showing
the terminology that Senators and the presiding officer use in different parliamentary
situations. Examples of established forms used in the Senate (e.g., for various types
of conference reports, the motion to invoke cloture) also are provided. Useful
supplementary information appears in brackets throughout the appendix.
The publication’s main index is useful for locating information on specific
topics of Senate procedure; the table of contents lists only the main procedural topics
covered in the book. The appendix has a separate index.



Reprinted on the following pages are excerpts from the “Cloture Procedure”
sections in the body of Riddick’s Senate Procedure and on the motion for
“Reconsideration” from the appendix.
Riddick’s Senate Procedure
Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure: Precedents
and Practices, S.Doc. 101-28, 101st Cong., 2nd sess., with a foreword by Robert
C. Byrd, [then] President pro tempore (Washington: GPO, 1992).
Print: Riddick’s Senate Procedure is automatically distributed to new
Senators. The publication also can be consulted in the CRS Senate Research
Center (7-5978) in B-07, Russell Senate Office building. Copies are no longer
available from GPO.
Internet: A browseable version of Riddick’s Senate Procedure is available
through:
GPO Access, a website of the Government Printing Office
[ h ttp://www.gpoaccess.gov/riddick/index .html] .







Rulemaking Statutes and Budget Resolutions
As already noted, the constitutional grant to each chamber of Congress of
authority over its own rules permits the Senate to establish procedural regulations
through simple resolutions, which are adopted through action of the originating
chamber alone. In certain cases, nevertheless, the Senate institutes procedures
through provisions included in statutory measures (bills and joint resolutions), which
can become effective only through agreement between both houses and presentation
to the President, or through concurrent resolutions, which require agreement between
both houses. Given that these procedures are created through an exercise of each
chamber’s constitutional rule-making authority, they have the same standing as
Senate and House rules. A statute or concurrent resolution that contains “rule-
making provisions,” in this sense, usually also incorporates a section titled “Exercise
of Rule-Making Power,” which asserts the rulemaking authority of each chamber by
declaring that the pertinent provisions “shall be considered as part of the rules of each
House,” and are subject to being changed “in the same manner ... as in the case of any
other rule of such House”21 — that is, for example, by adoption of a simple resolution
of the Senate.
In the Senate, statutory rulemaking provisions are principally of three kinds:
(1) those derived from Legislative Reorganization Acts; (2) those establishing
expedited procedures for consideration of specific classes of measure; and (3) those
derived from the Congressional Budget Act and related statutes governing the budget
process. In addition, provisions regulating action in the Senate (or House of
Representatives, or both) in the congressional budget process are often contained in
congressional budget resolutions, which are concurrent resolutions adopted pursuant
to the Congressional Budget Act. Rule-making provisions of most of these kinds are
not comprehensively compiled in any document of the Senate, and where no such
compilation exists, the provisions applicable to the Senate can most readily be found
only by referring to the statutes (or concurrent resolutions) themselves.
Legislative Reorganization Acts. The Legislative Reorganization Act
of 1946 (P.L. 79-601, 60 Stat. 812) and the Legislative Reorganization Act of 1970
(P.L. 91-510, 84 Stat. 1140) are important rulemaking statutes that affected
legislative procedures. Many rulemaking provisions in these statutes were later
incorporated into the Senate’s Standing Rules, and some others appear in the
compilation of Laws Relating to the Senate presented in the Senate Manual, as
discussed earlier.
Expedited Procedures. The term “rule-making statute” is most often
used in connection with laws that include provisions specifying legislative
procedures to be followed in the Senate or the House, or both, in connection with the
consideration of a class of measure also specified by the statute. This type of
rulemaking statute, commonly referred to as “expedited procedures” or “fast track”
provisions, defines special procedures for congressional approval or disapproval of
specified actions proposed to be taken by the executive branch or independent


21 For example, sec. 904(a)(1) and 904(a)(2) of the Congressional Budget and Impoundment
Act of 1974, P.L. 93-344.

agencies. Well-known examples include (1) the “trade authorities procedures” for
considering legislation approving trade agreements, which were originally established
by the Trade Act of 1974;22 (2) the procedures for congressional consideration of the
recommendations of a base closure commission under the Defense Base Closure and
Realignment Act of 1990;23 and (3) the procedures for Senate action on resolutions
disapproving of agency regulations under the Congressional Review Act.24 Many of
these rulemaking provisions are set forth under the heading “Legislative Procedures
Enacted in Law” in the House Manual.25 This House compilation, however, does not
include certain statutes that establish procedures for the Senate alone, and presents
some statutes in a form that omits procedural provisions pertaining only to the
Senate.
Budget Process Statutes. Three of the most important rulemaking
statutes define specific procedures for considering budgetary legislation: the
Congressional Budget and Impoundment Act of 1974 (commonly known as the
Congressional Budget Act), the Balanced Budget and Emergency Deficit Control Act
(the so-called “Gramm-Rudman-Hollings Act”), and the Budget Enforcement Act of
1990. For example, Section 305(b) of the Congressional Budget Act defines Senate
floor procedures for considering the annual congressional budget resolution. An
excerpt from Section 305(b) appears on the following page. In general, rulemaking
provisions of these statutes are set forth in Budget Process Law Annotated, discussed
below.
Procedural Provisions in Budget Resolutions. The chief purpose of
the concurrent resolution on the budget that the Congressional Budget Act requires
Congress to adopt each year is to set spending, revenue, and deficit targets for the
fiscal year and to allocate spending (budget authority and outlays) subject to those
targets among budgetary functional categories. In recent years, however, the Senate
has often also included in this congressional budget resolution supplementary
procedural regulations to govern subsequent action on spending bills or other budget-
related measures. The procedures established by these provisions may be made
applicable only to the coming year’s budgetary action, but are often established as
permanent procedures, and are subsequently altered or abolished only by further
action in a subsequent budget resolution. Nevertheless, they are not comprehensively
compiled in any single source, and may best be identified by examining the texts of
adopted congressional budget resolutions for successive years.
Many of the procedural provisions in congressional budget resolutions
institute new points of order that, like those established by the Budget Act itself, are
available against budgetary measures or provisions contained in these measures. For


22 19 U.S.C. 2191-2194.
23 10 U.S.C. 2687.
24 5 U.S.C. 801-804.
25 U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the House of
Representatives of the States, One Hundred Tenth Congress, H.Doc. 109-157, 109th Cong.,nd

2 sess., [compiled by] John V. Sullivan, Parliamentarian (Washington: GPO, 2007), secs.


1130-1130(31).



example, provisions appearing in various budget resolutions beginning in 1993 have
established “pay-as-you-go” (“PAYGO”) procedures for Senate consideration of
legislation affecting direct spending and revenues. The current version of these
procedures, which appears in the budget resolution for FY2008 (S.Con.Res. 21),
establishes a point of order generally against direct spending and revenue legislation
that is projected to increase the deficit or reduce the surplus over either of two
specified time periods.26 Budget resolutions have also extended to this point of order
the requirement, applicable to many Budget Act points of order, that the Senate can
waive it only by a three-fifths vote.
Rule-Making Provisions in Statutes and Budget Resolutions
No Senate source provides a comprehensive compilation of rule-making
provisions in statutes or budget resolutions. Rule-making provisions of many
statutes, especially those providing for expedited procedures, are presented in:
U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the
House of Representatives of the States, One Hundred Tenth Congress, H.Doc.

109-157, 109th Cong., 2nd sess., [compiled by] John V. Sullivan,


Parliamentarian (Washington: GPO, 2007), sec. 1130. This compilation,
however, omits some statutory expedited procedures applicable only to the
Senate.
Rulemaking statutes related to the congressional budget process, together with
relevant Senate precedents, are presented in Budget Process Law Annotated
(discussed later in this report) and addressed in Riddick’s Senate Procedure
(discussed earlier in this report) at pages 502-642.
A discussion of statutory expedited procedures for “Congressional Approvals
and Disapprovals” appears in Riddick’s Senate Procedure at pages 496-501.
Procedural provisions in budget resolutions are best identified by examining the
texts of the congressional budget resolutions themselves.
Internet: Congressional budget resolutions that contain procedural provisions
are available in searchable form through:
LIS, the Legislative Information System of the U.S. Congress
[ h ttp://www.congress.gov/cr tex t/110-advanced.html]


26 For detail, see CRS Report RL31943, Budget Enforcement Procedures: Senate Pay-As-
You-Go (PAYGO) Rule, by Bill Heniff Jr.


Standing Orders by Unanimous Consent
In addition to the standing orders created by resolution, discussed above under
“Permanent Standing Orders,” the Senate also establishes standing orders by agreeing
to unanimous consent requests. These agreements usually make the standing orders
effective only for the duration of a Congress, or some other limited period. It has
come to be the practice of the Senate to adopt an established package of these
standing orders at the beginning of each successive Congress.
Standing orders of this kind are not included in the Senate Manual, but appear
only in the Congressional Record on the day they are adopted. For example, on the
first day of the 110th Congress in 2007, the Senate adopted 12 unanimous consent
agreements establishing (in most cases, re-establishing) standing orders. All 12 of
these standing orders appear in the Congressional Record excerpt on the following
page.27 One of them established a period of “leader time” on each calendar day.
During this time, the majority and minority leaders discuss matters such as the
legislative schedule and policy views.
Standing Orders by Unanimous Consent
No Senate document comprehensively compiles standing orders the Senate
has adopted by unanimous consent. They may be identified by searching the
Congressional Record.
Print: The Congressional Record for each day of session of the Senate is
delivered to Senate offices on the following day. The Senate’s Calendar of
Business is printed for each day of session of the Senate and delivered to
Senate offices.
Internet: The Congressional Record for the 110th Congress is available in
searchable form through:
LIS, the Legislative Information System of the U.S. Congress
[ h ttp://www.congress.gov/cr tex t/110-advanced.html]
The Senate’s Calendar of Business is available in searchable form through:
GPO Access, a website of the Government Printing Office
[ h ttp://www.gpoaccess.gov/calendars/senate/index .html]


27 Congressional Record, daily edition, vol. 153 (January 4,2007), pp. S8.


Unanimous Consent Agreements
Unanimous consent agreements also include additional orders that function
as parliamentary authorities in the Senate. These consent agreements establish
conditions for floor consideration of specified measures, which, in relation to those
measures, override the regulations established by the Standing Rules and other
Senate parliamentary authorities. Commonly, for example, agreements of this kind
may set the time for taking up or for voting on the measure, limit the time available
for debate (in which case they are sometimes referred to as “time agreements”), or
specify what amendments and other motions are in order.
These consent agreements constitute parliamentary authorities of the Senate
because, once propounded and accepted on the Senate floor, they are enforceable just
as are the Senate’s Standing Rules and other procedural authorities. Unanimous
consent agreements are set forth in the Congressional Record when propounded on
the floor. Those that have been accepted, but not yet executed, so that they remain
in effect, are printed at the front of the Senate’s daily Calendar of Business.
Unanimous Consent Agreements
Although not comprehensively compiled, consent agreements that have been
propounded on the Senate floor are set forth in the Congressional Record, and
those that have been accepted and remain in effect are printed at the front of
the Senate’s daily Calendar of Business (legislative calendar).
Print: The Congressional Record for each day of session of the Senate is
delivered to Senate offices on the following day. The Senate’s Calendar of
Business is printed for each day of session of the Senate and delivered to
Senate offices.
Internet: The Congressional Record for the 110th Congress is available in
searchable form through:
LIS, the Legislative Information System of the U.S. Congress
[ h ttp://www.congress.gov/cr tex t/110-advanced.html]
The Senate’s Calendar of Business is available in searchable form through:
GPO Access, a website of the Government Printing Office
[ h ttp://www.gpoaccess.gov/calendars/senate/index .html]



Committee Rules of Procedure
Rule XXVI, paragraph 2, of the Senate’s standing rules requires that each
standing committee adopt written rules of procedure and publish these rules in the
Congressional Record not later than March 1 of the first session of each Congress.28
In addition, any amendments to committee rules do not take effect until they are
published in the Congressional Record. Committee rules cover important aspects of
the committee stage of the legislative process, such as referral of legislation to
subcommittees, quorum and voting requirements, markups, and preparation of
committee reports. Subcommittees also may have their own supplemental rules of
procedure.
Committee rules of procedure do not supersede those established by the
standing rules of the Senate. Rule XXV defines the jurisdiction of the standing
committees, and Rule XXVI sets forth rules of procedure to be followed by standing
committees. The full text of these rules is provided, and relevant Senate precedents
are discussed, on pages 382-429 of Riddick’s Senate Procedure. Committee rules
can be enforced in the committee that has adopted them.
Each committee’s rules appear in the Congressional Record on the day they
are submitted for publication. Some committees also publish their rules in a
committee print, or in the committee’s interim or final “Legislative Calendar,” and
many post them on their website. In addition, the Senate Committee on Rules and
Administration usually issues a document each Congress that compiles the rules of
procedure adopted by all Senate committees. This document, entitled Authority and
Rules of Senate Committees, also presents the jurisdiction statement for each
committee from Rule XXV as well as related information, such as provisions of
public law affecting committee procedures.
Reprinted on the following page is an excerpt from the rules of the Senate
Committee on Finance for the 105th Congress.29


28 According to Rule XXVI, paragraph 2, the March 1 deadline does not apply to committees
established on or after February 1. Such committees must publish their rules of procedure
not later than 60 days after being established.
29 Authority and Rules of Senate Committees, 1997-1998, S.Doc. 105-4, (Washington: GPO,

1995), p. 84.



Rules of Senate Committees
U.S. Senate, Committee on Rules and Administration, Authority and Rules of
Senate Committees, S.Doc. 109-8, 109th Cong., 1st sess., printed under authority
of S.Res. 166, 109th Cong. (Washington: GPO, 2005).
Print: Authority and Rules of Senate Committees for the 110th Congress(SD-
110-10) is available from Senate Printing and Document Services ( 4-7701), or
the Office of Senate Legal Counsel ( 4-4435).
Internet: Rules of Senate committees are available through:
GPO Access, a website of the Government Printing Office
Legislative page at [http://www.gpoaccess.gov/congress/index.html]
Rules of individual Senate committees may be found by searching the
Congressional Record through:
LIS, the Legislative Information System of the U.S. Congress
[ h ttp://www.congress.gov/cr tex t/110-advanced.html]
Committee websites:
Many Senate committees post their committee rules on their website.




Publications of Committees and
Offices of the Senate
Some publications prepared by committees and offices of the Senate provide
valuable information about Senate parliamentary procedure and practices. While
these publications are not official parliamentary reference sources, they often make
reference to official sources such as the Senate’s standing rules and published
precedents. Publications developed by the Senate Parliamentarian, and by the
Committees on Budget, Foreign Relations, and Rules and Administration, are
described below.
Budget Process Law Annotated
Budget Process Law Annotated (Senate Print 103-49), a print of the Senate
Committee on the Budget, provides the text of the Congressional Budget and3031
Impoundment Control Act, the “Gramm-Rudman-Hollings” Act, the Budget
Enforcement Act of 1990,32 and other budget documents such as executive orders.rd
Although no edition of the print has been issued since the 103 Congress (1993-
1994), its great value lies in its informative annotations, which were prepared by
William G. Dauster, then Chief Counsel of the Committee on the Budget. These
annotations provide summaries of, and citations to, important Senate precedents. For
some precedents, the full text of the procedural exchange establishing the precedent
is presented.
In addition, the annotations explain references made in the budgetary laws
and include the legislative history of certain provisions in these laws. Throughout
the print, symbols are used to indicate provisions that establish a point of order in the
Senate, or a procedure for controlling time in the Senate.
Budget Process Law Annotated
U.S. Congress, Senate Committee on the Budget, Budget Process Law
Annotated, committee print, S.Prt. 103-49, 103rd Cong., 1st sess., with
annotations by William G. Dauster, Chief Counsel, Committee on the Budget
(Washington: GPO, 1993).
Print: The 1993 edition of Budget Process Law Annotated is out of print.
Photocopies are available from the Senate Budget Committee (621 Dirksen
Senate Office Building, 4-0642). The print is 857 pages long.
Internet: Not available.


30 P.L. 93-344, 88 Stat. 298, as amended.
31 Balanced Budget and Emergency Deficit Control Act of 1985, title II of P.L. 99-177, 99
Stat. 1037, as amended.
32 Title XIII of P.L. 101-508, 104 Stat. 1388-573, as amended.

Senate Cloture Rule
Senate Cloture Rule, a print prepared for the Senate Committee on Rules and
Administration by the Congressional Research Service, was last issued during theth33
99 Congress (1985-1986). The print’s coverage of the rule’s history and
application can be useful to those wanting a more detailed knowledge of how the
cloture rule has developed and been used.
The print provides the text of standing rules affecting debate, a chronological
history of efforts to limit debate in the Senate (the facts of each situation are
provided), a list of selected filibusters throughout history, tables summarizing Senate
votes on cloture motions, a bibliography of publications and articles on cloture and
filibusters, and legislative histories of the original cloture rule and later amendments
to the rule.
Senate Cloture Rule
U.,S. Congress, Senate Committee on Rules and Administration, Senate
Cloture Rule: Limitation of Debate in the Congress of the United States and
Legislative History of Paragraph 2 of Rule XXII of the Standing Rules of theth
United States Senate (Cloture Rule), committee print, S.Prt. 99-95, 99 Cong.,
1st sess., prepared by the Congressional Research Service, Library of Congress
(Washington: GPO, 1985).
Print: The 1985 edition of the committee print is no longer available from
GPO or the Committee, but copies can be obtained from CRS (7-5700).
Internet: Not available.
Treaties and Other International Agreements
Treaties and Other International Agreements: The Role of the United States
Senate was designed, in part, to serve as a “reference manual” for the Senate’s34
consideration of treaties and other international agreements. It was prepared as a
print for the Senate Committee on Foreign Relations by the Congressional Researchth
Service. The latest edition (S.Prt.106-71) appeared in the 106 Congress.
The print provides detailed information about the Senate’s advice and consent
role and explains the steps involved in making treaties and executive agreements as


33 U.,S. Congress, Senate Committee on Rules and Administration, Senate Cloture Rule:
Limitation of Debate in the Congress of the United States and Legislative History of
Paragraph 2 of Rule XXII of the Standing Rules of the United States Senate (Cloture Rule),thst
committee print, S.Prt. 99-95, 99 Cong., 1 sess., prepared by the Congressional Research
Service, Library of Congress (Washington: GPO, 1985).
34 U.S. Congress, Senate, Treaties and Other International Agreements: The Role of the
United States Senate, committee print S.Prt. 106-71, 106th Cong., 2nd sess., prepared by the
Congressional Research Service, Library of Congress (Washington: GPO, 2001), p. xi.

well as the history of international agreements. Chapter 5 covers the procedures that
govern all stages of Senate consideration of treaties and international agreements,
from receipt and referral to committee to final action on the Senate floor. Chapter

10 discusses congressional oversight of treaties and other international agreements.


Treaties and Other International Agreements
U.S. Congress, Senate Committee on Foreign Relations, Treaties and Other
International Agreements: The Role of the United States Senate, committee
print S.Prt. 106-71, 106th Cong., 2nd sess., prepared by the Congressional
Research Service, Library of Congress (Washington: GPO, 2001).
Print: Treaties and Other International Agreements is available from the
Document Room of the Senate Committee on Foreign Relations (423 Dirksen
Senate Office Building, 4-4620).
Internet: A link to Senate Print 106-71 is available through:
GPO Access, a website of the Government Printing Office
[ h ttp://www.gpo.gov/congress/ senate/senate11cp106.html]
Enactment of a Law
The Senate has maintained a publication providing a concise summary of the
legislative process under the title Enactment of a Law: Procedural Steps in the
Legislative Process. This document, prepared by the Parliamentarian of the Senate
under the direction of the Secretary of the Senate, explains Senate floor procedures
and the functions of the various Senate officials, such as the Secretary of the Senate,
the Sergeant at Arms, and the Senate Parliamentarian. Some information about
House and conference procedures and presidential action also is provided. In
addition, the document contains illustrations of some of the chief kinds of document
used in the legislative process.
Enactment of a Law has not appeared in a new printed edition since 1981 and
appears no longer to be readily available in print. An updated version, however, was
prepared in February 1997 by Senate Parliamentarian Robert B. Dove, and is
available on-line. This online version reflects changes made to the congressional
budget process and Senate rules and procedures since the last printed edition.



Enactment of a Law
U.S. Senate, Enactment of a Law: Procedural Steps in the Legislative Process
(S.Doc. 97-20, 97th Cong., 2nd sess., revised under the direction of William F.
Hildenbrand, Secretary of the Senate, by Robert B. Dove, Parliamentarian of
the Senate (Washington: GPO, 1982).
Print: Enactment of a Law is available in print from Senate Printing &
Document Services (4-7701).
Internet: An online version of Enactment of a Law is available through:
THOMAS, the public access website of the Library of Congress
[http://thomas .loc.gov/home/ enactment/enactlawtoc.html]
CRS, the Congressional Research Service
Guides to “Congressional Processes” at
[ http://www.crs.gov/products/guides/legp roc/parloverview/
SenateOverview.shtml]
How Our Laws Are Made
How Our Laws Are Made was first published in 1953 by the House
Committee on the Judiciary. The work provides a summary of the legislative process
from the drafting of legislation to final approval and presidential action. While this
document focuses on House procedures, it includes a review of Senate committee
and floor procedures prepared by the Office of the Parliamentarian of the Senate.
Although the document is intended for nonspecialists, its summary descriptions of
House procedures serve as a useful reference source. Some earlier editions included
sample documents from key stages of the process.
The 23rd edition of How Our Laws Are Made, published in 2003,35 reflects the
changes in congressional procedures since the 22nd edition, which was revised and
updated in 2000. The new edition, which was prepared by the Office of the
Parliamentarian of the House in consultation with the Office of the Parliamentarian
of the Senate, also is available online.


35 U.S. Congress, House, How Our Laws Are Made, H.Doc. 108-93, 108th Cong., 1st sess.,
(Washington: GPO, 2003).

How Our Laws Are Made
U.S. Congress, House, How Our Laws Are Made, H.Doc. 108-93, 108th Cong.,

1st sess., (Washington: GPO, 2003).


Print: At the time this report was issued, the latest print version of How Ourrd
Laws Are Made was the 23 edition (H.Doc. 108-93). It is available from the
Government Printing Office.
Internet: The text of the 23rd edition of How Our Laws Are Made is available
through the following websites:
LIS, the Legislative Information System of the U.S. Congress
a link appears on the House page at
[ h ttp://www.congress.gov/house.php]
Clerk of the House
[ http://clerk.house.gov/]
THOMAS, the public access website of the Library of Congress
[http://thomas.loc.gov/home/lawsmade.toc.html]
Rules of Senate Party Conferences
The rules of the conferences of the two parties in the Senate are not adopted
by the Senate itself, and accordingly have no binding force in relation to the
proceedings of the Senate itself; they cannot be enforced on the Senate floor.
Conference rules may nevertheless affect proceedings of the Senate, for they may
cover topics such as the selection of party leaders, meetings of the conference, and
limitations on committee assignments for conference members. The Senate
Republican Conference has adopted rules that it makes available both in printed form
and online. It appears that the Senate Democratic Conference currently operates
without formally adopted rules.
Rules of Senate Party Conferences
For the Senate Democratic Conference, no source makes available any formal
rules.
Print: Copies of the Rules of the Senate Republican Conference are available
from the office of the Senate Republican Conference (4-2764).
Internet: An online version of the Rules of the Senate Republican Conference
for the 109th Congress can be accessed at
[ http://src.senate.gov/public/] .
Select the link “About the SRC,” then choose “Conference Rules.”



Appendix A.
Senate Parliamentary Reference Sources
Official Reference Sources
U.S. Congress. Senate. Authority and Rules of Senate Committees, 2003-2004.
Usually issued each Congress by the Senate Committee on Rules and
Administration. 108th Congress, 1st session. S.Doc. No. 108-6 (latest
edition). Washington: GPO, 2003.
——Senate Manual. Compiled by the Senate Committee on Rules and
Administration. 107th Congress, 1st session. S.Doc. No. 107-1 (latest
edition). Washington: GPO, 2002.
—— Standing Rules of the Senate. Prepared by the Senate Committee on Rules and
Administration. 106th Congress, 2nd session. S.Doc. 106-15 (latest edition).
Washington: GPO, 2000.
U.S. Congress. Senate. Riddick’s Senate Procedure. 101stCongress, 2nd session.
S.Doc. 101-28. Washington: GPO, 1992.
Publications of Committees and Offices of the Senate
U.S. Congress. Senate. Budget Process Law Annotated. 103rd Congress, 1st session.
S.Prt. 103-49. Washington: GPO, 1993.
——Chapter 3 “Legislative Activity”, in U.S. Senate Handbook. 104th Congress, 2nd
session. S.Prt. 104-64. Washington: GPO, 1996.
——Enactment of a Law. 97th Congress, 2nd session. S.Doc. 97-20. Washington:
GPO, 1982. An electronic version (February 1997) is available through
THOMAS, a Web service of the Library of Congress; see Appendix B of this
report.
U.S. Congress. House. How Our Laws Are Made (23rd edition). Prepared by the
Office of the House Parliamentarian. 108th Congress, 1st session. H.Doc.
108-93. Washington: GPO, 2003. An electronic version (June 20, 2003) can
be accessed through the Legislative Information System; see Appendix B of
this report.
U.S. Congress. Senate. Senate Cloture Rule. 99th Congress, 1st session. S.Prt. 99-

95. Washington: GPO, 1985.


——Procedure and Guidelines for Impeachment Trials in the United States Senate.thnd

99 Congress, 2 session. S.Doc. 99-33. Washington: GPO, 1986.



——Treaties and Other International Agreements: The Role of the United States
Senate. 106th Congress, 2nd session. S.Prt. 106-71. Washington: GPO,

2001.


CRS Products
Most titles are available full-text from the CRS Home Page at
[ h ttp://www.crs.gov] .
CRS Report 98-853. Amendments in the Senate: Types and Forms, by James V.
Saturno.
CRS Report RL30862. Budget Reconciliation Procedures: The Senate’s “Byrd
Rule,” by Robert Keith.
CRS Report RL30743. Committee Assignment Process in the U.S. Senate:
Democratic and Republican Party Procedures, by Judy Schneider.
CRS Report 96-708. Conference Committee and Related Procedures: An
Introduction, by Elizabeth Rybicki and Stanley Bach.
CRS Report RS20722. The First Day of a new Congress: a Guide to Proceedings
on the Senate Floor, by Mildred L. Amer.
CRS Report RL30548. Hearings in the U.S. Senate: Guide for Preparation and
Procedure, by Betsy Palmer.
CRS Report 98-712. “Holds” in the Senate, by Walter Oleszek.
CRS Report RL30945. House and Senate Rules of Procedure: A Comparison, by
Judy Schneider.
CRS Report RS20668. How Measures Are Brought to the Senate Floor: a Brief
Introduction, by James V. Saturno.
CRS Report 96-548. The Legislative Process on the Senate Floor: An Introduction,
by Valerie Heitshusen.
CRS Report RL30850. Minority Rights and Senate Procedures, by Judy Schneider.
CRS Report 98-503. Publications of the U.S. Senate, by Matthew Eric Glassman.
CRS Report 98-696. Resolving Legislative Differences in Congress: Conference
Committees and Amendments Between the Houses, by Elizabeth Rybicki.
CRS Report 98-183. Senate Committees: Categories and Rules for Committee
Assignments, by Judy Schneider.
CRS Report 98-308. Senate Legislative Procedures: Published Sources of
Information, by Christopher M. Davis.



CRS Report RL342-55. Senate Policy on “Holds”: Action in the 110th Congress, by
Walter Oleszek.
CRS Report 98-311. Senate Rules Affecting Committees, by Betsy Palmer.
CRS Report 98-470. Senate Manual: a Guide to its Contents, by Lorraine H. Tong.
CRS Report 98-912. Senate Rules and Practices on Committee, Subcommittee, and
Chairmanship Assignment Limitations as of November 4, 2000, by Judy
Schneider.
CRS Report 96-452. Voting and Quorum Procedures in the Senate, by Betsy
Palmer.



Appendix B. Senate Parliamentary Reference
Information Available Through the Internet
Citations to Internet locations and websites at which electronic versions of
various Senate parliamentary reference sources are available can be found throughout
this report. This appendix lists these online resources in a single compendium for the
convenience of the reader.
The vast majority of the referenced links can be accessed through one of two
“gateway” websites maintained by legislative branch organizations: the Legislative
Information System (LIS) and GPO Access. Each of these sites (detailed below)
provides a good entry point for research into Senate procedures. Documents relating
to Senate procedures can also be found on the CRS Guides to Congressional
Processes website, as well as on other Library of Congress and U.S. Senate websites
at the locations indicated.
Websites are provided for the documents cited. The list is current as of this
report’s publication date, but because information on the Internet is constantly
changing, it should not be considered exhaustive.
Legislative Information System of the U.S. Congress (LIS)
[http://www.congress.gov] (Congress Only)th
The Legislative Information System was released at the start of the 105
Congress. The information in the system is organized into six Web pages: Home,
Senate, House, Government, News, and A-Z Index. Each page is accessible by
clicking on one of the navigation tabs near the top of the page. The Senate and
House pages include multiple links under the category “Rules, and Procedures.” The
“Government” page includes a link to GPO Access (Legislative), where many
documents related to parliamentary procedure are located.
CRS Guides to Congressional Processes
[ http://www.crs.gov/products/guides/guidehome.shtml]
The latest version of this CRS electronic guide provides a wide range of
information relating to House and Senate procedures. It includes links to current
versions of House and Senate rules and CRS reports on specific procedural topics.
Electronic versions of How Our Laws Are Made and Enactment of a Law provide an
overview of procedures in each chamber. Links within the fact sheets and procedural
overviews take the user directly to pertinent House or Senate rules and to definitions
in Congressional Quarterly’s American Congressional Dictionary.
GPO Access
GPO Access Home Page
[ h ttp://www.gpoaccess.gov/index .html]
Links to rules of Senate committees
[ h ttp://www.access.gpo.gov/congress/senate/sclinks.html]



Searchable version of the Senate Manual (S.Doc. 107-1, 107th Congress, 1st session)
[ h ttp://www.gpoaccess.gov/smanual/index .html]
Browseable version of Riddick’s Senate Procedure available from GPO
[ http://www.gpoaccess.gov/riddick/index .html]
A searchable version of the 1992 edition of The Constitution of the United States of
America: Analysis and Interpretation), and the 1996, 1998, and 2000 supplements
is available at [http://www.gpoaccess.gov/constitution/index.html]. A pdf version
of a more recent edition of the main volume (S.Doc. 108-17) can be accessed at
[http://www.gpoaccess.gov/serialset/cdocuments/index.html]. These documents are
prepared by the Congressional Research Service, which also maintains an online
version at [http://www.crs.gov/products/conan/index.shtml].
Other Library of Congress Sites
Links to House and Senate rules via Thomas
[ http://thomas.loc.gov/home/legb ranch/legb ranch.html]
Enactment of a Law, (online version, February 1997)
[http://thomas.loc.gov/home/ enactment/enactlawtoc.html]
How Our Laws Are Made, (version dated June 20, 2003)
[http://thomas.loc.gov/home/lawsmade.toc.html]
Constitution
[ http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html]
Amendments 1-10, (Bill of Rights)
[ http://www.loc.gov/rr/program/bib/ourdocs/billofrights.html]