Quorum Requirements in the Senate: Committee and Chamber (CRS Report for Congress)
| Release Date |
Revised June 8, 2017 |
| Report Number |
98-775 |
| Authors |
Elizabeth Rybicki, Coordinator, Specialist on Congress and the Legislative Process |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Senate Rule XXVI establishes minimum quorum requirements for four areas of committee
activity. Senate committees have discretion in adjusting the minimum quorum requirements mandated in
Rule XXVI so long as they adopt rules that are “not inconsistent with the Rules of the Senate.”
For instance, most committees allow a single Senator to take testimony at a hearing rather than
the one-third required by Rule XXVI. Committees cannot change the majority physically present
quorum needed for reporting a measure. Proxy voting is allowed under Senate rules on a vote to
report a matter, but a majority must be physically present and proxy votes cannot make a
difference in successfully ordering a measure reported.1
Rules and practices for quorums in the Senate derive from Article I, Section 5, clause 1, of the
Constitution, which states in part that “a Majority of each [chamber] shall constitute a Quorum to
do Business; but a smaller Number may adjourn from day to day, and may be authorized to
compel the Attendance of absent Members, in such Manner, and under such penalties as each
House provides.” Thus, the quorum for conducting business in a Senate of 100 Members is 51
Senators. The Senate always presumes the presence of a quorum unless it is shown one is not
present. In practice, there are rarely 51 Senators present in the Senate chamber except when the
Senate is voting. Any Senator can challenge the presumption of a quorum by rising and stating:
“Mr. President, I suggest the absence of a quorum.” Usually, the presiding officer cannot count to
determine if a quorum is present but, according to the requirements of Rule VI, paragraph 3, must
immediately direct the clerk to call the roll. (Only when the Senate has invoked Rule XXII and is
operating under cloture does the presiding officer have the authority to count to determine the
presence of a quorum.)
