LegiStorm

Summary:

The Senate's procedures are determined not only by its standing rules but also by standing orders, published precedents, committee rules, party conference rules, and informal practices. The Constitution and rulemaking statutes also impose procedural requirements on the Senate. Official parliamentary reference documents and other publications set forth the text of the various authorities or provide information about how and when they govern different procedural situations. Together, these sources establish the parameters by which the Senate conducts its business. They provide insight into the Senate's daily proceedings, which can be unpredictable. In order to understand Senate procedure, it is often necessary to consider more than one source of authority. For example, the Senate's standing rules provide for the presiding officer to recognize the first Senator who seeks recognition on the floor. By precedent, however, when several Senators seek recognition at the same time, the majority leader is recognized first, followed by the minority leader. This precedent may have consequences for action on the floor. This report reviews the coverage of Senate parliamentary reference sources and provides information about their availability to Senators and their staff. Among the resources presented in this report, four may prove especially useful to understand the Senate's daily order of business: the Senate Manual, Riddick's Senate Procedure, the rules of the Senate standing committees, and the publication of unanimous consent agreements. The Senate sets forth its chief procedural authorities in a Senate document called the Senate Manual (S.Doc. 113-1), a new edition of which appears periodically. The Manual contains the text of the Senate's standing rules, permanent standing orders, laws relating to the Senate, and the Constitution, all of which establish key Senate procedures. The most recent version of the Manual can be accessed online at govinfo.gov, a website of the Government Publishing Office (GPO) at https://www.govinfo.gov/content/pkg/SMAN-113/pdf/SMAN-113.pdf. It is also accessible via the Senate resources page of Congress.gov (a website of the Library of Congress) at https://www.congress.gov/resources/display/content/Senate. Riddick's Senate Procedure (S.Doc. 101-28) presents a catalog of Senate precedents arranged alphabetically on topics ranging from adjournment to recognition to voting. Summaries of the precedents are accompanied by citations to the page and date in the Congressional Record or the Senate Journal on which the precedent was established. Individual chapters of Riddick's Senate Procedure are available for download through govinfo.gov at https://www.govinfo.gov/app/details/GPO-RIDDICK-1992. A searchable version is also accessible via the Senate resources page of Congress.gov at https://www.congress.gov/resources/display/content/Senate. The Senate's standing rules require each standing committee to adopt its own rules of procedure. These rules may cover topics such as how subpoenas are issued. Each Congress, the Senate Committee on Rules and Administration prepares a compilation of these rules and other relevant committee materials, such as jurisdiction information, in a document titled Authority and Rules of Senate Committees. The most recent version (S.Doc. 115-4) is available via govinfo.gov at https://www.govinfo.gov/content/pkg/CDOC-115sdoc4/pdf/CDOC-115sdoc4.pdf. To facilitate the legislative process, the Senate often conducts its business through unanimous consent agreements that may schedule the time for taking up a measure or specify what motions are in order during its consideration. These can be found, via Congress.gov, in the Congressional Record (https://www.congress.gov/) and the Senate Calendar of Business or the Executive Calendar (https://www.congress.gov/resources/display/content/Calendars+and+Schedules).