Introduction The President is responsible for appointing individuals to certain positions in the federal government. In some instances, the President makes these appointments using authorities granted to the President alone. Other appointments, generally referred to with the abbreviation PAS, are made by the President with the advice and consent of the Senate via the nomination and confirmation process. This report identifies, for the 115 th Congress, all nominations submitted to the Senate for full-time positions on 34 regulatory and other collegial boards and commissions. This report includes profiles on the leadership structures of each of these 34 boards and commissions as well as a pair of tables presenting information on each body's membership and appointment activity as of the end of the 115 th Congress. The profiles discuss the statutory requirements for the appointed positions, including the number of members on each board or commission, their terms of office, whether they may continue in their positions after their terms expire, whether political balance is required, and the method for selecting the chair. The first table in each pair provides information on full-time positions requiring Senate confirmation as of the end of the 115 th Congress. The second table tracks appointment activity for each board or commission within the 115 th Congress by the Senate (confirmations, rejections, returns to the President, and elapsed time between nomination and confirmation), as well as further related presidential activity (including withdrawals and recess appointments). In some instances, no appointment action occurred within a board or commission during the 115 th Congress. Information for this report was compiled using the Senate nominations database at https://www.congress.gov/ (users can click the "nominations" tab on the left-hand side of the page to search the database), the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents , telephone discussions with agency officials, agency websites, the United States Code , and the 2016 Plum Book ( United States Government Policy and Supporting Positions ). Congressional Research Service (CRS) reports regarding the presidential appointments process, nomination activity for other executive branch positions, recess appointments, and other related matters are available to congressional clients at http://www.crs.gov . Characteristics of Regulatory and Other Collegial Bodies Common Features Federal executive branch boards and commissions discussed in this report share, among other characteristics, the following: (1) they are independent executive branch bodies located, with four exceptions, outside executive departments; (2) several board or commission members head each entity, and at least one of these members serves full time; (3) the members are appointed by the President with the advice and consent of the Senate; and (4) the members serve fixed terms of office and, except in a few bodies, the President's power to remove them is restricted. Terms of Office For most of the boards and commissions included in this report, the fixed terms of office for member positions have set beginning and end dates, irrespective of whether the posts are filled or when appointments are made. In contrast, for a few agencies, such as the Chemical Safety and Hazard Investigation Board, the full term begins when an appointee takes office and expires after the incumbent has held the post for the requisite period of time. The end dates of the fixed terms of a board's members are staggered, so that the terms do not expire all at once. The use of terms with fixed beginning and end dates is intended to minimize the occurrence of simultaneous board member departures and thereby increase leadership continuity. Under such an arrangement, an individual is nominated to a particular position and a particular term of office. An individual may be nominated and confirmed for a position for the remainder of an unexpired term to replace an appointee who has resigned (or died). Alternatively, an individual might be nominated for an upcoming term with the expectation that the new term will be under way by the time of confirmation. Occasionally, when the unexpired term has been for a relatively short period, the President has submitted two nominations of the same person simultaneouslyâthe first to complete the unexpired term and the second to complete the entire succeeding term of office. Appointment of Chairs and Political Independence On some commissions, the chair is subject to Senate confirmation and must be appointed from among the incumbent commissioners. If the President wishes to appoint, as chair, someone who is not on the commission, the President simultaneously submits two nominations for the nomineeâone for member and the other for chair. As independent entities with staggered membership, executive branch boards and commissions have more political independence from the President than do executive departments. Nonetheless, the President can sometimes exercise significant influence over the composition of a board or commission's membership when he designates the chair or has the opportunity to fill a number of vacancies at once. For example, President George W. Bush had the chance to shape the Securities and Exchange Commission (SEC) during the first two years of his presidency because of existing vacancies, resignations, and a member's death. Likewise, during the same time period, President Bush was able to submit nominations for all of the positions on the National Labor Relations Board because of existing vacancies, expiring recess appointments, and resignations. Simultaneous turnover of board or commission membership may result from coincidence, but it also may be the result of a buildup of vacancies after extended periods of time in which the President does not nominate, or the Senate does not confirm, members. Political Affiliations and Inspectors General Two other notable characteristics apply to appointments to some of the boards and commissions. First, for 26 of the 34 bodies discussed in this report, the law limits the number of appointed members who may belong to the same political party, usually to no more than a bare majority of the appointed members (e.g., two of three or three of five). Second, advice and consent requirements also apply to inspector general appointments in four of these organizations and general counsel appointments in three. Appointments During the 115th Congress During the 115 th Congress, President Donald Trump submitted nominations to the Senate for 112 of the 151 full-time positions on 34 regulatory and other boards and commissions. In attempting to fill these 112 positions, he submitted a total of 140 nominations, of which 75 were confirmed, 12 were withdrawn, and 53 were returned to the President. No recess appointments were made. Table 1 summarizes the appointment activity for the 115 th Congress. At the end of the Congress, 22 incumbents were serving past the expiration of their terms. In addition, there were 43 vacancies among the 151 positions. Length of Time to Confirm a Nomination The length of time a given nomination may be pending in the Senate has varied widely. Some nominations have been confirmed within a few days, others have been confirmed within several months, and some have never been confirmed. In the board and commission profiles, this report provides, for each board or commission nomination confirmed in the 115 th Congress, the number of days between nomination and confirmation ("days to confirm"). Under Senate rules, nominations not acted on by the Senate at the end of a session of Congress (or before a recess of 30 days) are returned to the President. The Senate, by unanimous consent, often waives this ruleâalthough not always. In cases where the President resubmits a returned nomination, this report measures the days to confirm from the date of receipt of the resubmitted nomination, not the original. For those nominations confirmed in the 115 th Congress, a mean of 121.0 days elapsed between nomination and confirmation. The median number of days elapsed was 91.0. Organization of the Report Board and Commission Profiles Each of the 34 board or commission profiles in this report is organized into three parts. First, the leadership structure section discusses the statutory requirements for the appointed positions, including the number of members on each board or commission, their terms of office, whether these members may continue in their positions after their terms expire, whether political balance is required, and the method for selecting the chair. The first table lists incumbents to full-time positions as of the end of the 115 th Congress, along with party affiliation (where applicable), date of first confirmation, and term expiration date. Incumbents whose terms have expired are italicized. Most incumbents serve fixed terms of office and are removable only for specified causes. They generally remain in office when a new Administration assumes office following a presidential election. The second table lists appointment action for vacant positions during the 115 th Congress. This table provides the name of the nominee, position title, date of nomination or appointment, date of confirmation, and number of days between receipt of a nomination and confirmation, and notes relevant actions other than confirmation (e.g., nominations returned to or withdrawn by the President). When more than one nominee has had appointment action, the second table also provides statistics on the length of time between nomination and confirmation. The average days to confirm are provided in the form of a mean number. Additional Appointment Information Appendix A provides two tables. Table A-1 includes information on each of the nominations and appointments to regulatory and other collegial boards and commissions during the 115 th Congress. It is alphabetically organized and follows a similar format to that of the "Appointment Action" sections discussed above. It identifies the board or commission involved and the dates of nomination and confirmation. It also indicates if a nomination was withdrawn, returned, rejected, or if a recess appointment was made. In addition, it provides the mean and median number of days taken to confirm a nomination. Table A-2 contains summary information on appointments and nominations by organization. For each of the 34 independent boards and commissions discussed in this report, it shows the number of positions, vacancies, incumbents whose term had expired, nominations, individual nominees, positions to which nominations were made, confirmations, nominations returned to the President, nominations withdrawn, and recess appointments. A list of organization abbreviations can be found in Appendix B . Chemical Safety and Hazard Investigation Board10 The Chemical Safety and Hazard Investigation Board is an independent agency consisting of five members who serve five-year terms (no political balance is required), including a chair. The President appoints the members, including the chair, with the advice and consent of the Senate. When a term expires, the incumbent must leave office. Commodity Futures Trading Commission11 The Commodity Futures Trading Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. At the end of a term, a member may remain in office, unless replaced, until the end of the next session of Congress. The chair is also appointed by the President, with the advice and consent of the Senate. Consumer Product Safety Commission12 The statute establishing the Consumer Product Safety Commission calls for five members who serve seven-year terms. No more than three members may be from the same political party. A member may remain in office for one year at the end of a term, unless replaced. The chair is also appointed by the President, with the advice and consent of the Senate. Defense Nuclear Facilities Safety Board13 The Defense Nuclear Facilities Safety Board consists of five members (no more than three may be from the same political party) who serve five-year terms. After a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair. Election Assistance Commission14 The Election Assistance Commission consists of four members (no more than two may be from the same political party) who serve four-year terms. After a term expires, a member may continue to serve until a successor takes office. The chair and vice chair, from different political parties and designated by the commission, change each year. Equal Employment Opportunity Commission15 The Equal Employment Opportunity Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. An incumbent whose term has expired may continue to serve until a successor is appointed, except that no such member may continue to serve (1) for more than 60 days when Congress is in session, unless a successor has been nominated; or (2) after the adjournment of the session of the Senate in which the successor's nomination was submitted. The President designates the chair and the vice chair. The President also appoints the general counsel, with the advice and consent of the Senate. Export-Import Bank Board of Directors16 The Export-Import Bank Board of Directors comprises the bank president, who serves as chair; the bank first vice president, who serves as vice chair; and three other members (no more than three of these five may be from the same political party). All five members are appointed by the President, with the advice and consent of the Senate, and serve for terms of up to four years. An incumbent whose term has expired may continue to serve until a successor is qualified, or until six months after the term expiresâwhichever occurs earlier. The President also appoints an inspector general, with the advice and consent of the Senate. Farm Credit Administration18 The Farm Credit Administration consists of three members (no more than two may be from the same political party) who serve six-year terms. A member may not succeed himself or herself unless he or she was first appointed to complete an unexpired term of three years or less. A member whose term expires may continue to serve until a successor takes office. One member is designated by the President to serve as chair for the duration of the member's term. Federal Communications Commission19 The Federal Communications Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until the end of the next session of Congress, unless a successor is appointed before that time. The President designates the chair. Federal Deposit Insurance Corporation BoardÂ ofÂ Directors20 The Federal Deposit Insurance Corporation Board of Directors consists of five members, of whom twoâthe comptroller of the currency and the director of the Consumer Financial Protection Bureauâare ex officio. The three appointed members serve six-year terms. An appointed member may continue to serve after the expiration of a term until a successor is appointed. Not more than three members of the board may be from the same political party. The President appoints the chair and the vice chair, with the advice and consent of the Senate, from among the appointed members. The chair is appointed for a term of five years. The President also appoints the inspector general, with the advice and consent of the Senate. Federal Election Commission22 The Federal Election Commission consists of six members (no more than three may be from the same political party) who may serve for a single term of six years. When a term expires, a member may continue to serve until a successor takes office. The chair and vice chair, from different political parties and elected by the commission, change each year. Generally, the vice chair succeeds the chair. Federal Energy Regulatory Commission23 The Federal Energy Regulatory Commission, an independent agency within the Department of Energy, consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until a successor takes office, except that such commissioner may not serve beyond the end of the session of the Congress in which his or her term expires. The President designates the chair. Federal Labor Relations Authority24 The Federal Labor Relations Authority consists of three members (no more than two may be from the same political party) who serve five-year terms. After the date on which a five-year term expires, a member may continue to serve until the end of the next Congress, unless a successor is appointed before that time. The President designates the chair. The President also appoints the general counsel, with the advice and consent of the Senate. Federal Maritime Commission25 The Federal Maritime Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair. Federal Mine Safety and Health Review Commission26 The Federal Mine Safety and Health Review Commission consists of five members (no political balance is required) who serve six-year terms. When a term expires, the member must leave office. The President designates the chair. Federal Reserve System Board of Governors27 The Federal Reserve System Board of Governors consists of seven members (no political balance is required) who serve 14-year terms. When a term expires, a member may continue to serve until a successor takes office. The President appoints the chair and vice chair, who are separately appointed as members, for four-year terms, with the advice and consent of the Senate. Federal Trade Commission28 The Federal Trade Commission consists of five members (no more than three may be from the same political party) who serve seven-year terms. When a term expires, the member may continue to serve until a successor takes office. The President designates the chair. Financial Stability Oversight Council29 The Financial Stability Oversight Council consists of 10 voting members and 5 nonvoting members, and is chaired by the Secretary of the Treasury. Of the 10 voting members, 9 serve ex officio, by virtue of their positions as leaders of other agencies. The remaining voting member is appointed by the President with the advice and consent of the Senate and serves full time for a term of six years. Of the five nonvoting members, two serve ex officio. The remaining three nonvoting members are designated through a process determined by the constituencies they represent, and they serve for terms of two years. The council is not required to have a balance of political party representation. Foreign Claims Settlement Commission30 The Foreign Claims Settlement Commission, located in the Department of Justice, consists of three members (political balance is not required) who serve three-year terms. When a term expires, the member may continue to serve until a successor takes office. Only the chair, who is appointed by the President with the advice and consent of the Senate, serves full time. Merit Systems Protection Board31 The Merit Systems Protection Board consists of three members (no more than two may be from the same political party) who serve seven-year terms. A member who has been appointed to a full seven-year term may not be reappointed to any following term. When a term expires, the member may continue to serve for one year, unless a successor is appointed before that time. The President appoints the chair, with the advice and consent of the Senate, and designates the vice chair. National Credit Union Administration BoardÂ ofÂ Directors32 The National Credit Union Administration Board of Directors consists of three members (no more than two members may be from the same political party) who serve six-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair. National Labor Relations Board33 The National Labor Relations Board consists of five members who serve five-year terms. Political balance is not required, but, by tradition, no more than three members are from the same political party. When a term expires, the member must leave office. The President designates the chair. The President also appoints the general counsel, with the advice and consent of the Senate. National Mediation Board34 The National Mediation Board consists of three members (no more than two may be from the same political party) who serve three-year terms. When a term expires, the member may continue to serve until a successor takes office. The board annually designates a chair. National Transportation Safety Board35 The National Transportation Safety Board consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until a successor takes office. The President appoints the chair from among the members for a two-year term, with the advice and consent of the Senate, and designates the vice chair. Nuclear Regulatory Commission36 The Nuclear Regulatory Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, the member must leave office. The President designates the chair. The President also appoints the inspector general, with the advice and consent of the Senate. Occupational Safety and Health ReviewÂ Commission38 The Occupational Safety and Health Review Commission consists of three members (political balance is not required) who serve six-year terms. When a term expires, the member must leave office. The President designates the chair. Postal Regulatory Commission39 The Postal Regulatory Commission consists of five members (no more than three may be from the same political party) who serve six-year terms. After a term expires, a member may continue to serve until his or her successor takes office, but the member may not continue to serve for more than one year after the date upon which his or her term otherwise would expire. The President designates the chair, and the members select the vice chair. Privacy and Civil Liberties Oversight Board40 The Privacy and Civil Liberties Oversight Board consists of five members (no more than three may be from the same political party) who serve six-year terms. When a term expires, the member may continue to serve until a successor takes office. Only the chair, who is appointed by the President with the advice and consent of the Senate, serves full time. The Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53 , Title VIII, Section 801 (121 Stat. 352), established the Privacy and Civil Liberties Oversight Board. Previously, the Privacy and Civil Liberties Oversight Board functioned as part of the White House Office in the Executive Office of the President. That board ceased functioning on January 30, 2008. Railroad Retirement Board41 The Railroad Retirement Board consists of three members (political balance is not required) who serve five-year terms. When a term expires, the member may continue to serve until a successor takes office. The President appoints the chair and an inspector general with the advice and consent of the Senate. Securities and Exchange Commission43 The Securities and Exchange Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, the member may continue to serve until the end of the next session of Congress, unless a successor is appointed before that time. The President designates the chair. Surface Transportation Board44 The Surface Transportation Board, located within the Department of Transportation, consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, the member may continue to serve until a successor takes office but for not more than one year after expiration. The President designates the chair. United States International Trade Commission45 The United States International Trade Commission consists of six members (no more than three may be from the same political party) who serve nine-year terms. A member of the commission who has served for more than five years is ineligible for reappointment. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair for two-year terms of office, but they may not belong to the same political party. The President may not designate a chair with less than one year of continuous service as a member. This restriction does not apply to the vice chair. United States Parole Commission The United States Parole Commission is an independent agency in the Department of Justice. The commission consists of five commissioners (political balance is not required) who serve for six-year terms. When a term expires, a member may continue to serve until a successor takes office. In most cases, a commissioner may serve no more than 12 years. The President designates the chair (18 U.S.C. Â§4202). The commission was previously scheduled to be phased out, but Congress has extended its life several times. Under P.L. 113-47 , Section 2 (127 Stat. 572), it was extended until November 1, 2018 (18 U.S.C. Â§3551 note). United States Sentencing Commission46 The United States Sentencing Commission is a judicial branch agency that consists of seven voting members, who are appointed to six-year terms, and one nonvoting member. The seven voting members are appointed by the President, with the advice and consent of the Senate, and only the chair and three vice chairs serve full time. The President appoints the chair, with the advice and consent of the Senate, and designates the vice chairs. At least three members must be federal judges. No more than four members may be of the same political party. No more than two vice chairs may be of the same political party. No voting member may serve more than two full terms. When a term expires, an incumbent may continue to serve until he or she is reappointed, a successor takes office, or Congress adjourns sine die at the end of the session that commences after the expiration of the term, whichever is earliest. The Attorney General (or designee) serves ex officio as a nonvoting member. The chair of the United State Parole Commission also is an ex officio nonvoting member of the commission. Appendix A. Summary of All Nominations and Appointments to Collegial Boards andÂ Commissions Appendix B. Board and Commission Abbreviations


Introduction The Saltonstall-Kennedy (S-K) Act of 1954 (15 U.S.C. Â§713c-3) established a fund (known as the S-K fund) to support U.S. fisheries development and research. Funding originates from a transfer by the Secretary of Agriculture into the Promote and Develop American Fisheries Products and Research Pertaining to American Fisheries Fund (P&D account). The P&D account is administered by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce. Transfers of revenue into the P&D account have grown steadily from $26.7 million in 1980 to $182.8 million in 2020. Currently, the bulk of P&D account revenue is transferred into the Operations, Research, and Faculties (ORF) account, which supports fisheries science and management administered by NMFS. The remaining funds support the Saltonstall-Kennedy Grant Program (S-K Grant Program) and sometimes the National Program, which focus on fishing industry research and development projects. Historically, the use of the S-K fund has evolved with changing fisheries management institutions and changing needs of U.S. fisheries. Congress is continuing to consider whether current funding from the P&D account meets the needs of U.S. fisheries and the U.S. fishing industry. Some have questioned whether the U.S. commercial fishing industry receives sufficient opportunities to provide input into the S-K competitive grant process. Due in part to what they perceive as a lack of industry input, some critics assert that NMFS has not distributed funding in accordance with the primary purposes of the S-K Act, such as supporting projects related to the marketing of fish. Another concern is the allocation of funds, and specifically whether there is a need for more financial support of S-K competitive grants than for funding NMFS fisheries science and management activities in the ORF account. However, if funding were reallocated to provide greater support of the S-K Grant Program, Congress may need to consider implications of the likely decrease in funds that would be transferred to ORF from the P&D account to support NMFS fishery research and management activities. Figure 1 summarizes the flow of funding from the P&D account into NOAA and the S-K program. The Saltonstall-Kennedy Act Current Provisions The S-K Act requires the Secretary of Agriculture to transfer 30% of duties on marine products collected under the so-called Section 32 Program to the Secretary of Commerce. These funds are transferred into the P&D account and made available to NMFS. Currently, the uses of S-K funds as specified in 15 U.S.C. 713c-3 include the following: providing grants in support of fisheries research and development projects under subsection (c), implementing a national fisheries research and development program under subsection (d), implementing the Northwest Atlantic Ocean Fisheries Reinvestment Program, and funding the federal share of a fisheries capacity reduction fund. The S-K Act requires the Secretary of Commerce to use no less than 60% of funds to make direct industry-assistance grants pursuant to subsection (c). Subsection (c) refers to topics that may be addressed by research and development grants, including but not limited to harvesting, processing, marketing, and associated infrastructures. Subsection (c) also identifies the terms and conditions of grant awards. The S-K Act requires the balance of S-K funds to be allocated to finance NMFS activities that support development of U.S. fisheries pursuant to subsection (d). Subsection (d) refers to a national fisheries research and development program (including but not limited to harvesting, processing, marketing, and associated infrastructures), if not adequately covered by projects assisted under subsection (c) of this section or as the Secretary deems appropriate. History of the Saltonstall-Kennedy Act In 1935, Congress passed legislation to provide financial support for domestic agricultural commodity markets. Section 32 of the Act of August 24, 1935, provided a permanent appropriation equal to 30% of gross receipts from all duties collected under customs laws. The act authorized the Secretary of Agriculture to use these funds to support exports and domestic consumption of agricultural commodities. The Act of August 11, 1939, authorized the Secretary of Agriculture to transfer up to $1.5 million from funds collected under Section 32 to support the fishing industry. Funds were transferred to the Federal Surplus Commodities Corporation to purchase and distribute surplus fishery products and to the Secretary of the Interior to promote markets for fishery products of domestic origin. Table 1 provides a history of legislative changes to the S-K Act. In 1954, the S-K Act amended the Act of August 11, 1939, to provide additional funding from Section 32 funds to support the U.S. fishing industry. The S-K Act authorized the transfer from the Secretary of Agriculture to the Secretary of the Interior, from the larger Section 32 account's funding, an amount equal to 30% of gross receipts from duties collected on fishery products. These funds were maintained in a separate account for use by the Secretary of the Interior to support the flow of fishery products in commerce, develop and increase markets for fishery products, and conduct research. Annual expenditures from the fund were limited to $3 million, and the balance of the fund was not allowed to exceed $5 million at the end of any year. In 1956, the S-K Act was amended to remove the limit on annual expenditures from the fund. The S-K Act also authorized the Secretary of the Interior to appoint a fishing industry advisory committee to provide guidance on the formulation of policy, rules, and regulations pertaining to requests for assistance, and other matters. In 1976, the Fishery Conservation and Management Act (FCMA; P.L. 94-265 ) established a 200-nautical mile fishery conservation zone (FCZ) and brought marine fisheries within the FCZ under domestic control. Foreign fishing was allowed to continue in the FCZ, but the domestic fishing industry was granted priority fishing rights under the FCMA. In the following years, U.S. policy emphasized development of domestic fisheries and replacement of foreign fishing with domestic fishing in the FCZ. According to the Government Accountability Office, until 1979, NMFS used nearly all S-K funds to support fisheries management and development activities; it granted only small amounts to the fishing industry for development projects. In 1979, likely because of growing industry support of domestic fisheries development, NMFS made available approximately $5.3 million of S-K funds to regional fisheries development foundations, universities, private industry, and state and local governments. In 1980, Congress formally authorized the current competitive S-K Grant Program in Section 210 of the American Fisheries Promotion Act (AFPA; P.L. 96-561 ). The AFPA directed the Secretary of Commerce to use at least 50% of S-K funds for the S-K Grant Program and the balance of funds for a National Program. Both programs supported research and development efforts to address areas such as harvesting, processing, marketing, and related infrastructures. By 1980, the transfer from the U.S. Department of Agriculture (USDA) had grown to $26.7 million ( Table A-1 ). The AFPA also formally transferred responsibility for administering the fund from the Secretary of the Interior to the Secretary of Commerce. The House committee report accompanying the AFPA noted that the definition of fishery includes recreational fishing and that recreational projects would be eligible for grants. The AFPA also removed a section that established the S-K fishing industry advisory committee; the advisory committee had been previously terminated pursuant to the Federal Advisory Committee Act (P.L. 92-463). In subsequent years, Congress made additional changes to the allocation and use of the S-K fund ( Table 1 ). The Highway Improvement Act of 1982 ( P.L. 97-424 ) increased the share of funds used for the competitive grant program from 50% to 60%. In the following years, potential uses of the fund were broadened to include the Fisheries Promotion Fund ( P.L. 99-659 ), the Northwest Atlantic Ocean Fisheries Reinvestment Fund ( P.L. 102-567 ), and the federal share of a fishing capacity reduction program ( P.L. 104-297 ). Congress established the Fisheries Promotion Fund to support domestic and international markets for domestically produced seafood. A portion of S-K funds was transferred to the fund from FY1987 to FY1991 for this purpose ( Table A-1 ). Revenue The revenues that are transferred into the P&D account from USDA are derived from duties on fishery products, "including fish, shellfish, mollusks, crustaceans, aquatic plants and animals, and any products thereof, including processed and manufactured products." The P&D account is a mandatory fund that requires no periodic reauthorization or appropriation. Transfers from USDA to NOAA's P&D account have steadily increased from $26.7 million in 1980 to $182.8 million in 2020 ( Figure 2 ). In CY2017, approximately 77% of revenues were from duties collected on imports of nonedible marine products, including jewelry, ink, various chemicals, and skins. The remaining 23% of revenues were from duties on imports of edible seafood products. Tariffs on edible fish products have been reduced or eliminated for many seafood products, and most remaining duties are collected on canned products such as tuna or processed products such as fish sticks. In CY2017, most duties were collected on imports from India ($89.9 million), China ($86.2 million), Thailand ($79.8 million), Italy ($53.2 million), and France ($36.2 million). Use of Funds Operations, Research, and Facilities Account Congress has allocated a growing portion of revenue in the P&D account to the ORF account rather than funding the S-K Grant Program as prescribed by the S-K Act. The transfer to the ORF account has ranged from $5 million, or 29% of the P&D account in 1979, to over $130 million in the five most recent years (FY2016-FY2020), which is more than 90% of the annual transfer into the P&D account ( Table 2 ). ORF funds are used "to support fisheries research and management activities including the analysis and decision-making that supports ecosystem approaches to management." Often the allocation of most funds to the OFR account limits the funding that is available for the specified purposes of the S-K Act. In the last three fiscal years (FY2018-FY2020), the NOAA budget request proposed that all P&D account funding be transferred to the ORF account in support of NMFS activities. However, the Consolidated and Further Continuing Appropriations Act, 2013 ( P.L. 113-6 ), restricted the use of P&D funds that are transferred into the ORF account. It limited this funding to fisheries activities related to cooperative research, annual stock assessments, survey and monitoring projects, interjurisdictional fisheries grants, and fish information networks. In subsequent years, agency budget requests have reflected this intent by identifying similar areas, and Congress has continued to include similar language in appropriations laws and accompanying Senate committee reports. Remaining Funding In most years, the majority of the funds that remain in the P&D account after the transfer into the ORF account have been used for the competitive S-K Grant Program as described in subsection (c) of the S-K Act and the National Program as described in subsection (d) ( Table 2 ). The amount of remaining funding for the S-K Grant Program has varied considerably from year to year, ranging from no funding in FY2011 and FY2012, when Congress did not leave any remaining funding for S-K program, to its highest level of $29.5 million in FY2009 ( Table 2 ). The S-K Act directs the Secretary of Commerce to use no less than 60% of funds for fisheries research and development grants pursuant to subsection (c). The Secretary also is required to use the remaining funds to finance NMFS activities directly related to U.S. fisheries development, as outlined in subsection (d). Since 1982, S-K grant funding has been less than 30% of total transfers from USDA, and it has been significantly lower in most years. In many years, Congress did not fund the National Program or provided a small portion of the remaining funds for that purpose. Historically, financial support also was provided for the Fisheries Promotion Fund, which was funded between $750,000 and $3 million from FY1987 to FY1990. ( Table A-1 ). No funding has been provided for the Fisheries Promotion Fund since 1991. From FY2003 to FY2006, most funding remaining after the ORF transfer was used for congressionally directed projects that supported several regional seafood marketing initiatives ( Table A-1 ). Annual S-K reports and other sources indicate that S-K funds have not been used for either the Northwest Atlantic Ocean Fisheries Reinvestment fund or the fishing capacity reduction program. Saltonstall-Kennedy Grant Program According to NMFS, the S-K program's general goals are to fund projects that address the needs of fishing communities, optimize economic benefits by building and maintaining sustainable fisheries, and increase other opportunities to keep working waterfronts viable. Historically, examples of areas funded by the S-K Grant Program have included enhancing markets for fishery products, examining fishery management options, and developing more efficient and selective fishing gear. Projects often have focused on both state and federal marine commercial fisheries, but other sectorsâsuch as aquaculture and recreational fishingâalso have been eligible for and received support. NMFS solicits proposals as a federal funding opportunity on the federal grants website, which includes funding priorities, application requirements, and proposal evaluation criteria. Funding priorities are developed in coordination with regional fishery management councils, interstate fishery commissions, NMFS science centers, and NMFS regional offices. For example in 2020, S-K program priorities are seafood promotion, development, and marketing, and science or technology that promotes sustainable U.S. seafood production and harvesting. The review process includes (1) pre-proposal review, (2) technical review and ranking, (3) panel review and ranking, and (4) grant selection. Pre-proposals undergo an administrative review by NOAA staff, a review by subject matter experts, and S-K program evaluation. Full review includes administrative screening; technical review by federal, public, and private sector experts; and funding recommendations by program and NMFS leadership. NMFS also may solicit comments and evaluation from a constituent review panel composed of three or more representatives chosen by the NMFS assistant administrator of fisheries. Funding of proposals is recommended by the S-K program manager; constituent panel ranking (if applicable); and input from NMFS regional directors, science center directors, and office directors. The agency selecting official, the NMFS assistant administrator, determines which proposals will be funded. The decision is based on the order of the proposals' ranking and other considerations, such as availability of funding, balance and distribution of funds, and duplication. Recently, NMFS has been considering whether the program and fishing industry would benefit from placing greater emphasis on monitoring approved projects and disseminating results. During 2019, feedback sessions were arranged with regional fishery management councils to solicit constituents' views on how to improve the dissemination and use of results from funded projects. Issues for Congress Some fishing industry representatives have questioned whether the U.S. commercial fishing industry and fishing communities could benefit from greater direct support from S-K funding. Two of the main concerns have been whether the competitive grant process should include greater fishing industry input and whether a greater portion of P&D funds should be allocated to the annual S-K Grant Program. Some assert that NMFS decides by its own criteria which programs receive grants and that in some cases the fishing industry's priorities do not match those of NMFS. They contend that broader, more direct fishing industry participation is needed to inform the process of identifying the needs and priorities of grant funding. Another concern has been whether a greater portion of P&D funding should be allocated to the S-K Grant Program. Some contend that Congress, as reflected in statute, intended to provide at least 60% of funds to the S-K Grant Program and remaining funding to the National Program for fishing industry research and development. However, shifting significant funding from current NMFS activities may prompt questions about whether additional discretionary funding would be forthcoming to support other NMFS functions, such as data collection and fish population assessments. Congressional Actions Funding Allocation Several bills were introduced during the 112 th , 113 th , and 114 th Congresses that would have significantly changed the allocation of P&D funding. Similar versions of the Fisheries Investment and Regulatory Relief Act in each of these Congresses would have allocated funding to fisheries management regions and would have established a regional fisheries grant program. Under these bills, each regional fishery management council would have established a fishery investment committee, which would focus resources on strengthening regional fisheries management. Each fishery investment committee would have developed a regional fishery investment plan; reviewed grant applications and projects to implement regional fishery investment plans; and made recommendations on grant applications. The regional fishery investment plans would have identified research, conservation, and management needs, as well as corresponding actions to rebuild and maintain fish populations and associated fisheries. Each regional investment plan would have been required to include topics related to supporting stock surveys, stock assessments, and cooperative fishery research; improving the collection and accuracy of recreational and commercial data; analyzing social and economic impacts of fishery management decisions; providing financial assistance and investment for fishermen and fishing communities; developing methods or technologies to improve the quality and value of landings; researching and developing conservation engineering technologies; and restoring and protecting fish habitat. Investment plans would have been reviewed by the Secretary of Commerce to ensure consistency with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Â§Â§1801 et seq.). Limited funding also would have been provided for administrative costs of the grant program and for the development and implementation of investment plans. Under these versions of the Fisheries Investment and Regulatory Relief Act, the Secretary of Commerce also would have established a regional fisheries grant program to provide funds to advance the regional priorities identified in the regional fishery investment plans. The Secretary would have awarded grants only to projects that would implement regional fishery investment plans and to projects recommended by respective regional fishery investment committees and approved by each regional fishery management council. The Secretary would have been required to allocate 70% of funds from the P&D account to the eight council regions. Half of this funding would have been allocated equally among the councils, and half would have been distributed according to the combined economic impact of recreational and commercial fisheries in each region. The Secretary also would have been required to allocate 20% of funds for a national fisheries investment program that would support rebuilding and maintaining fish populations and promote sustainable fisheries. Funding would have been divided equally among five general areas: (1) regional fisheries commissions; (2) seafood promotion; (3) fisheries management; (4) fisheries disasters; and (5) other needs, including highly migratory species and international fisheries. Each of the bills would have limited the transfer of ORF funding from the P&D account to 10% of receipts. The legislation also included a provision to provide funding to review regulations and procedures used to implement management under the Magnuson-Stevens Fishery Conservation and Management Act and to make recommendations to streamline regulations and incorporate new information into the management process. Stopping the Transfer to the Operations, Research, and Facilities Account In the 114 th Congress, a section of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 ( S. 2991 ) would have attempted to stop the transfer of P&D funds to the ORF account. According to Section 205 of S. 2991 , it would not be in order in the Senate or in the House of Representatives to consider any bill, resolution, amendment, or conference report that would reduce any amount in the fund (P&D account). This change in the Senate and House rules would have allowed any Senator or Representative to stop the transfer of P&D funds to the ORF discretionary account by making a point of order that a rule is being violated. No further action was taken following the introduction of S. 2991 . American Fisheries Advisory Committee Act In the 116 th Congress, identical versions of the American Fisheries Advisory Committee Act ( S. 494 and H.R. 1218 ) were reported or ordered reported from the committees of jurisdiction in the Senate and the House. The bills would establish an American fisheries advisory committee and would change the process for awarding S-K competitive grants. The committee would identify the needs of the seafood industry; develop requests for proposals; review grant applications; and select grant applications for approval. Currently, NMFS is responsible for these functions, and NMFS considers industry input during the selection process. Both bills also would expand the specified purposes of fisheries research and development projects by explicitly including projects that focus on fisheries science and recreational fishing. The committee would be composed of representatives from six geographic regions of the United States. The Secretary of Commerce would appoint three members from each region, including (1) an individual with experience as a seafood harvester or processor, (2) an individual with experience in recreational or commercial fishing or growing seafood, and (3) an individual who represents the fisheries science community or the relevant regional fishery management council. The Secretary also would appoint four at-large members, including (1) an individual who has experience in food distribution, marketing, retail, or service; (2) an individual with experience in the recreational fishing industry supply chain; (3) an individual with experience in the commercial fishing industry supply chain; and (4) an individual who is an employee of NMFS with expertise in fisheries research. The committee members would meet twice annually, and meetings would rotate among the six regions. The Secretary of Commerce would identify three or more experts to undertake technical review of grant applications, which would occur prior to committee review. The Secretary also would be required to develop guidance related to technical review, including criteria for elimination of applications that fail to meet a minimum level of technical merit. A grant would not be approved unless the Secretary was satisfied with the applicant's technical and financial capability. Based on the committee's recommendations, the Secretary would evaluate the proposed project according to listed criteria and other criteria the Secretary may require. If the Secretary fails to provide funds to a grant selected by the committee, the Secretary would be required to send a written document to the committee justifying the decision. Appendix. History of Financing Under the Saltonstall-Kennedy Act


Introduction The Senate's procedures are not based solely on its standing rules. Rather, the foundations of Senate procedure also include the body's standing orders, published precedents, rulemaking statutes, constitutional mandates, committee rules, party conference rules, and informal practices. Various reference sources provide information about how and when these procedural authorities of the Senate govern specific parliamentary situations, and together, they establish the framework by which the Senate conducts its business. This report discusses the contents, format, and availability of reference sources that provide information about contemporary procedures in the Senate. The report covers official documents that set forth the Senate rules, precedents, or other sources of parliamentary authority, such as the Senate Manual , Riddick's Senate Procedure , and the rules adopted by Senate committees. The report also discusses publications on procedure from committees and offices of the Senate and the rules of the Senate's party conferences. Prior to describing the individual parliamentary reference sources, this report reviews some principles of Senate parliamentary procedure that are applicable when using and evaluating information from these sources. The report then covers 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 sources when raising a point of order or defending against one. Finally, the report reviews the rules of the party conferences, as well as a number of additional publications of committees and other offices of the Senate. Although these resources do not themselves constitute official parliamentary authorities of the Senate, they nevertheless provide background information on official parliamentary authorities. Text boxes throughout the report provide information on how to consult a source, or group of sources, with an emphasis on online access. This report aims to present access points to these reference sources that are relevant for Senators and congressional staff and does not present an exhaustive list of websites and other locations where these references can be found. Two appendixes supplement the information on parliamentary reference sources provided throughout the report. Appendix A provides a selected list of CRS products on Senate procedure. An overview of the two primary websites through which many of the resources included in this report can be accessed is provided in Appendix B . This report assumes a basic familiarity with Senate procedures. Official guidance on Senate procedure is available from the Office of the Senate Parliamentarian. CRS staff can also 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 must often 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, standing orders of the Senate, precedents of the Senate, statutory provisions that establish procedural requirements, 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 is often 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." 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." This precedential principle can have consequences on the Senate floor. For example, it allows the majority leader the opportunity to be recognized to offer the debate-ending motion to table or to propose amendments. Familiarity with this Senate practice, and not the standing rule alone, is key to an understanding of how the Senate conducts its business. Constitutional Rulemaking 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 rulemaking authority. First, the Senate can decide what rules should govern its procedures. The Senate exercises this rulemaking power when it adopts an amendment to the standing rules, or creates a new standing rule, by majority vote. The Senate also uses its rulemaking power when it creates standing orders and when it enacts rulemaking provisions of statutes such as those included in the Congressional Budget and Impoundment Control Act of 1974. Standing orders and rulemaking 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 rulemaking authority. The second dimension to the Senate's rulemaking 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 rare. 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." The Senate can achieve the effect of waiving a rule if a majority votes either to overrule a decision of the presiding officer to sustain a point of order or, instead, votes not to sustain a point of order that has been submitted to the Senate for decision. Action of this kind not only sets the rule aside for the immediate situation but also thereby establishes a precedent to govern subsequent rulings of the presiding officer regarding the meaning and applicability of that rule. 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 a violation of Senate rules to the chamber's attention. The Senate can violate its procedures unless a Senator, at the right moment, makes a point of order that the proposed action violates the standing rules, a constitutional provision, or another authoritative source of procedure (i.e., standing order, rulemaking 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." This is rare but may occur if the existing rules and precedents do not speak clearly on the parliamentary question at hand. Any Senator can appeal the ruling of the presiding officer on a point of order. The Senate might then decide, usually by majority vote, to uphold or overturn the presiding officer's decision. This vote establishes a precedent that guides the presiding officer in deciding future questions of order unless this precedent is overturned by another decision of the Senate or by a rules change. Some rulemaking statutes require a supermajority vote to overturn on appeal the presiding officer's ruling on a point of order. Parliamentary actions taken on the basis of an informal practice, or pursuant to 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 actions taken in Senate committee and the Senate floor, they are not invoked through an exercise of the Senate's constitutional rulemaking authority. Hence, they do not have the authority of Senate rules and procedures. Informal practices evolve over the years as custom and party conference rules are adopted and enforced by each party. 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 that are not relevant to the bill under consideration. It would be difficult 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 (UC) agreements. UC agreements may be used to bring up a measure, establish how the measure will be considered on the floor, and control how the Senate will consider amendments. Given the fact that it takes only one Senator to object to a UC agreement, each agreement is carefully crafted by the majority leader in consultation with the minority leader, leaders of the committee with jurisdiction over the bill in question, and other Senators who express an interest in the legislation. The agreement is then orally propounded on the floor, usually by the majority leader, and takes effect if no Senator objects. Once entered into, a UC 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." Once entered into, UC agreements can be altered only by unanimous consent. The Importance of Precedents The published precedents of the Senate detail 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 by the example of according priority recognition to the majority leader, it may be necessary to refer to the precedents for guidance on how the Senate's 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 precedents of the Senate to support a point of order, defend against one, or 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. Most precedents are established when the Senate votes on questions of order (i.e., on whether to uphold or overturn a ruling of the presiding officer or on a point of order that the presiding officer has submitted to the body) or when the presiding officer decides a question of order and the ruling is not appealed. Historically, the Senate follows such precedents until "the Senate in its wisdom should reverse or modify that decision." Precedents can also 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 not subject to a 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 must also 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. 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 a designee the prerogative to offer motions to proceed to the consideration of a bill, recess, or adjourn. The Senate Manual and Authorities It Contains The Senate Manual compiles in a single document many of the chief official parliamentary authorities of the Senate. 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 113 th Congress, contains the text of the following parliamentary authorities (the titles given are those found in the Manual ): Standing Rules of the Senate; Nonstatutory Standing Orders Not Embraced in the Rules, and Resolutions Affecting the Business of the Senate; Rules for Regulation of the Senate Wing of the U.S. 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 ; General and Permanent Laws Relating to the U.S. Senate; and Constitution of the United States of America. The following sections of this part of the report discuss each of these authorities in more detail. The Manual contains a general table of contents and an index. Some of the respective components in the Manual have their own tables of contents and indices that provide additional details about that source. Individual provisions of each procedural authority are assigned section numbers that run throughout the Manual in a single sequence and 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 . The indices to the Manual direct readers to these section numbers. The indices indicate, for example, that the motion to adjourn is covered in Manual sections 6.4, 9, and 22.1. For this reason, the document is cited by section number rather than page number. Standing Rules of the Senate The Senate does not re-adopt its standing rules at the beginning of each new Congress but instead regards its rules as continuing in effect without need for re-adoption. The Senate follows this practice on grounds that it is a continuing body; only one-third of its membership enters on new terms of office after every biennial election, so a quorum is continuous. Changes to the standing rules are proposed in the form of Senate resolutions, which can be adopted by majority vote. At the start of the 116 th Congress, there were 44 standing rules of the Senate. The standing rules of the Senate are set forth at the beginning of the Manual . The standing rules appear with footnotes indicating amendments adopted since their last general revision in 1979. The footnotes cite the resolution adopted by the Senate to make the rules change. The Manual presents the standing rules with an itemized table of contents and a detailed, separate index. 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 the Senate has created by adopting resolutions and that remain in effect are compiled in the Manual in sections 60-139. 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 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. Footnotes provide supplementary information, such as noting when references in the standing order (e.g., the name of a committee) were changed. Laws Relating to the Senate The most voluminous component of the 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 also includes "rulemaking statutes," or statutory provisions that establish procedures for Senate action on specified measures. Rulemaking provisions of statute are discussed further in the section below on " Rulemaking Statutes and Budget Resolutions ." Constitution The U.S. 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 to conduct 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 provide advice and consent to treaties and executive nominations, and Article I, Section 3, gives the Senate the sole power to try all impeachments. The Manual presents the text of the Constitution and 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. Additional Parliamentary Resources Included in the Manual 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 are or may be set apart for the use of the Senate." The rule is framed to extend this authority to the entire Senate side of the Capitol complex and explicitly includes reference to the press galleries and their operation. 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." 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 referred 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, the Senate has adopted amendments to these rules. 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 conference committees and conference reports as they stood at the end of the 19 th century. Although rules and practices governing conferences to resolve legislative differences between the House and the Senate have since altered in many respects, and many of the precedents now applicable to conferences were established after Cleaves' Manual was prepared, many of the principles set forth in Cleaves' Manual still apply to current practice. As presented in the Senate Manual , Cleaves' Manual includes excerpts from the Manual of Parliamentary Practice prepared by Thomas Jefferson as Vice President at the turn of the 19 th century, as well as 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. Annotated Excerpt from the Manual The page below displays an excerpt from the section of the Manual that presents the Constitution. The excerpt shows the format of the Manual , and the annotations explain some of the key features for using the reference, such as distinguishing between the Manual section numbers in bold text and the Manual page numbers at the bottom of the page. Other Official Senate Parliamentary Authorities Riddick's Senate Procedure Riddick's Senate Procedure , often referred to simply as Riddick's , 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 2001 to 2012 and Parliamentarian Emeritus since 1997. As implied by its full title, Riddick's Senate Procedure: Precedents and Practices presents Senate precedents as well as discussions of the customary practice of the Senate. 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 and subtopics organized in alphabetical order. 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 proceedings 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 Senate 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) are also provided. Useful supplementary information appears in brackets throughout the appendix. The appendix also has a separate index. 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. Standing Orders by Unanimous Consent In addition to the standing orders created by resolution, the Senate also establishes standing orders by agreeing to unanimous consent requests. These agreements usually make these standing orders effective only for the duration of a Congress or some other limited period. The current Senate practice is 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 116 th Congress in 2019, the Senate adopted 11 unanimous consent agreements re-establishing standing orders from the previous Congress on topics such as the procedures for allowing Members' staff access to the Senate floor during the consideration of matters and when the Senate Ethics Committee is permitted to meet. Unanimous Consent (UC) Agreements UC agreements also include 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, agreements of this kind may set the time for taking up or for voting on the measure, limit the time available for debate, or specify what amendments and other motions are in order. UC agreements constitute parliamentary authorities of the Senate because, once propounded and accepted on the Senate floor, they are enforced just as are the Senate's standing rules and other procedural authorities. UC agreements are propounded orally, and therefore, they are printed in the Congressional Record . Those that are accepted are printed at the front of the Senate's daily Calendar of Business and Executive Calendar until they are no longer in effect. 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. Committee rules cover important aspects of the committee stage of the legislative process, such as the procedures for preparing committee reports and issuing subpoenas, and committees are responsible for enforcing their own rules. Subcommittees may also have their own supplemental rules of procedure. Committee rules of procedure do not supersede those established by the standing rules of the Senate. 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 websites. In addition, the Senate Committee on Rules and Administration issues a document each Congress that compiles the rules of procedure adopted by all Senate committees. This document, Authority and Rules of Senate Committees , also presents the jurisdiction statement for each committee from Rule XXV of the Senate's standing rules as well as related information, such as provisions of public law affecting committee procedures. Rulemaking Statutes and Budget Resolutions 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 by the Senate alone. In certain cases, 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 rulemaking authority, they have the same standing as Senate and House rules. A statute or concurrent resolution that contains "rulemaking provisions," in this sense, often incorporates a section titled "Exercise of Rulemaking Power." This section 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"—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 measures, 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 may be contained in congressional budget resolutions, which are concurrent resolutions adopted pursuant to the Congressional Budget Act. 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 rulemaking 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 agencies. A well-known example includes the Congressional Review Act, which provides for special procedures Congress can use to overturn a rule issued by a federal agency. Some of these expedited procedures are listed in the Senate Manual section titled "General and Permanent Laws Relating to the U.S. Senate." Budget Process Statutes Four of the most important rulemaking statutes define specific procedures for considering budgetary legislation: the Congressional Budget and Impoundment Control Act of 1974 (commonly known as the Congressional Budget Act), the Balanced Budget and Emergency Deficit Control Act (the "Gramm-Rudman-Hollings Act"), the Budget Enforcement Act of 1990, and the Budget Control Act of 2011. For example, Section 305(b) of the Congressional Budget Act defines Senate floor procedures for considering the congressional budget resolution. Procedural Provisions in Budget Resolutions When adopted, the chief purpose of the concurrent resolution on the budget (provided for in the Congressional Budget Act) is to establish, between the House and the Senate, a budget plan for the fiscal year. The Senate has often included in this congressional budget resolution supplementary procedural regulations to govern subsequent action on spending bills or other budget-related measures. Many of these procedural provisions institute new points of order that, similar to those established by the Congressional Budget Act itself, are available against budgetary measures or provisions contained in these measures. For example, beginning in 1993, some budget resolutions have established "pay-as-you-go" (PAYGO) procedures for Senate consideration of legislation affecting direct spending and revenues. The procedures established by these provisions may be made applicable only to budgetary action for the coming year or an established time period, but they may also be established as permanent procedures that are altered or abolished only by further action in a subsequent budget resolution. Procedures set forth in congressional budget resolutions are not comprehensively compiled in a single source and may best be identified by examining the texts of adopted congressional budget resolutions for successive years. 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, 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 adopted rules for the 116 th Congress that are available online. Publications of Senate Committees and Offices 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. Electronic Senate Precedents Senators and their staff may access, via Webster (which is not available to the public), the Electronic Senate Precedents , a catalog of recent precedents compiled by the Office of the Parliamentarian. These unofficial documents, provided by the Office of the Secretary of the Senate, are updated periodically to reflect precedents on topics such as cloture and germaneness of amendments that were established after the publication of Riddick's Senate Procedure (1992). A Compendium of Laws and Rules of the Congressional Budget Process A Compendium of Laws and Rules of the Congressional Budget Process , a print of the House Committee on the Budget, presents the text of the Congressional Budget and Impoundment Control Act of 1974, the Gramm-Rudman-Hollings Act, and additional information related to the budget making process, such as House and Senate rules affecting the budget process. Although this document was printed by the House Budget Committee, it presents valuable information related to the budgetary process in the Senate. Senate Cloture Rule Senate Cloture Rule , a print prepared for the Senate Committee on Rules and Administration by CRS, was last issued during the 112 th Congress (2011-12). The print covers the rule's history and application through its publication and may be useful to those wanting a more detailed knowledge of the cloture rule. Significantly, however, this print does not capture precedents established during the 113 th (2013-14) and 115 th (2017-18) Congresses that changed the vote thresholds for invoking cloture on various presidential nominations or the change to the post-cloture debate time established during the 116 th Congress. Treaties and Other International Agreements Treaties and Other International Agreements: The Role of the United States Senate , was prepared as a print for the Senate Committee on Foreign Relations by CRS. The print provides detailed information about the Senate's advice and consent role, covers the procedures that govern all stages of Senate consideration of treaties and international agreements, and discusses congressional oversight of treaties and other international agreements. The latest edition (S.Prt. 106-71) appeared in the 106 th Congress. Enactment of a Law Enactment of a Law presents a concise summary of the legislative process. This document, prepared by Robert B. Dove, former Parliamentarian 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. How Our Laws Are Made How Our Laws Are Made , first published in 1953 by the House Committee on the Judiciary, 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. Appendix A. Selected CRS Products on Senate Procedure Most of these reports are available to congressional staff through the CRS home page at http://www.crs.gov . These reports may also be accessed through the Congressional Process, Administration, and Elections section of the CRS website at https://www.crs.gov/iap/congressional-process-administration-and-elections . CRS Report 98-853, The Amending Process in the Senate , by Christopher M. Davis. CRS Report R41003, Amendments Between the Houses: Procedural Options and Effects , by Elizabeth Rybicki. CRS Report RL30862, The Budget Reconciliation Process: The Senate's "Byrd Rule , " by Bill Heniff Jr. CRS Report 96-708, Conference Committee and Related Procedures: An Introduction , by Elizabeth Rybicki. CRS Report RL30360, Filibusters and Cloture in the Senate , by Valerie Heitshusen and Richard S. Beth. CRS Report 98-865, Flow of Business: A Typical Day on the Senate Floor , by Christopher M. Davis. CRS Report R43563, "Holds" in the Senate , by Mark J. Oleszek. CRS Report RS20668, How Measures Are Brought to the Senate Floor: A Brief Introduction , by Christopher M. Davis. CRS Report 98-425, Invoking Cloture in the Senate , by Christopher M. Davis. CRS Report 96-548, The Legislative Process on the Senate Floor: An Introduction , by Valerie Heitshusen. CRS Report 98-306, Points of Order, Rulings, and Appeals in the Senate , by Valerie Heitshusen. CRS Report R42929, Procedures for Considering Changes in Senate Rules , by Richard S. Beth. CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses , by Elizabeth Rybicki. CRS Report RL33939, The Rise of Senate Unanimous Consent Agreements , by Walter J. Oleszek. CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure , by Elizabeth Rybicki. CRS Report 98-308, Senate Legislative Procedures: Published Sources of Information , by Christopher M. Davis. CRS Report 98-311, Senate Rules Affecting Committees , by Valerie Heitshusen. CRS Report 96-452, Voting and Quorum Procedures in the Senate , coordinated by Elizabeth Rybicki. Appendix B. Senate Parliamentary Reference Information Available Online The vast majority of the referenced links found throughout this report can be accessed through one of two "gateway" websites maintained by legislative branch organizations: Congress.gov (a website of the Library of Congress) and govinfo.gov (a website of GPO). Each of these sites provides an entry point for research into Senate procedures. The websites provided for the documents discussed in this report are current as of the report's publication date. Congress.gov http://www.congress.gov Congress.gov is the official website for U.S. federal legislative information. The site is designed to provide access to accurate, timely, and complete legislative information for Members of Congress, legislative agencies, and the public. Congress.gov also contains information on topics such as nominations, public laws, communications, and treaties. It is presented by the Library of Congress using data from the Office of the Clerk of the U.S. House of Representatives, the Office of the Secretary of the Senate, GPO, Congressional Budget Office, and CRS. govinfo.gov https://www.govinfo.gov/ Govinfo.gov is a service of the GPO. The website provides public access to official publications of the Congress.