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[1] (April 5, 2016)

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CRS   INSIGHT


Discharging a Senate Committee from Consideration of

a   Nomination

April 5, 2016 (IN10468)




Related   Congressional Operations Issue


        SeaeFlor P roceeins

 Related  Author


   *  ElizabethRybicki




Elizabeth Rybicki, Specialist on Congress and the Legislative Process (erybicki crs lc gov, 7-0644)

Some  press reports have suggested that the full Senate could vote in relation to the nomination of Merrick B. Garland to
be an Associate Justice of the Supreme Court, even if the Senate Judiciary Committee does not act on the nomination.
(See, for example, the Roll Call articeoM h    2    .) This CRS Insight addresses questions concerning the exact
nature of such a vote; it also explains the procedural steps that could be necessary to bring the nomination to a direct
vote on the floor. Not all procedural options are discussed in this product; additional resources and relevant CRS
experts on the confirmation process are listed at the end. CRS resources provide background and explanatory
information. Only the Office of the Senate Parliamentarian can provide authoritative advice regarding Senate
proceedings, and consultation with that office regarding any specific floor action is advised.

Very few nominations proceed without the support of the committee of jurisdiction, but chamber rules do make it
possible for the full Senate to consider a nomination the committee does not report. Senate Rule XVII permits any
Senator to submit a motion or resolution that a committee be discharged from the consideration of a subject referred to
it. While it is common for committees to be discharged by unanimous consent, doing so by motion or resolution is rare.

A motion or resolution to discharge a committee from the consideration of a nomination is in order only after the Senate
has agreed to enter executive session, a parliamentary form of the Senate that has its own Journal and Calendar and,
to some extent, its own rules of procedure. All business concerning nominations and treaties is considered in executive
session.

Typically, the Senate begins each day in legislative session, where bills and resolutions are considered, and enters
executive session by unanimous consent request or motion made by the majority leader. Only if the Senate adjourned or
recessed while in executive session would the next meeting automatically open in executive session. The majority
leader (or a designee) generally makes the motions that affect the Senate's agenda, and under long-standing practice, the

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