RULES FOR THE DEMOCRATIC CONFERENCE

1. The Democratic Leader is Chair of the Conference and serves as the Presiding Officer, if present, except during an election for that office during which the Whip shall preside.

2. The Conference Chair may invite any Democratic Senator to preside in the Chair’s absence.

1. The Conference is called to meet by, or under the authority of, the Conference Chair.

2. The Democratic Secretary is responsible for taking attendance and ascertaining the presence of a quorum necessary to conduct Conference business; enforcing the “three-minute rule” during Conference debate; maintaining the records of Conference proceedings; and such other functions as they be assigned by the Conference Chair or suggested by the Conference.

3. A quorum consists of a simple majority of the Members of the Conference and a quorum is necessary for the Conference to conduct official business.

4. Contested elections for any of the Officers of the Conference listed in Rule VI must be held in person, under the procedures for balloting established under Rule V. In other instances, however, if the Conference Chair, with concurrence of a majority of the Conference, determines that in-person meetings are not possible or safe, the Conference may conduct official business “virtually,” utilizing a Webinar or similar platform. Requirements and procedures in Rule II-2 above shall continue to apply.

5. The Conference Chair shall call an unscheduled meeting of the Conference at the request of 20 percent of the Members. The request for the meeting shall be in writing and include an agenda of the item(s) to be considered. The meeting shall occur within three days when the Senate is in session and conducting roll call votes.

6. Neither the Leadership nor the Conference itself shall bind Members on a particular vote, whether in Conference, in committee, or in the Senate.

1. Democratic Vice Presidents may attend, address, and preside over Conference meetings when invited by the Conference Chair.

2. Democratic Senators-elect may attend and participate in Conference meetings at the invitation of the Conference Chair.

3. Certain Senate officials and staff may attend Conference meetings on a regular basis at the invitation of the Conference Chair, including the Democratic Secretary, the Associate Secretary for the Majority, the Secretary of the Senate, and the Senate Sergeant-at-Arms.

4. The Conference Chair may invite the President, Executive Branch officials, presidential and vice presidential candidates, the Chair of the Democratic National Committee, the Executive Director of the Democratic Senatorial Campaign Committee, Leadership and Policy Committee staff, cloakroom personnel, and standing committee staff to attend Conference meetings as the need arises.

5. The Conference Chair may invite other speakers to attend Conference meetings subject to approval by the Members.

6. The Conference Chair has authority to clear staff from Conference meetings.

7. The Conference Chair is authorized to use an Official Reporter of Debates to take down the Minutes of Conference meetings.

8. With the concurrence of the Conference, the Conference Chair or other Members may relate a description of the proceedings of the Conference to the media; otherwise, they may not. Each Senator is free to discuss his or her own views. No Member shall, based on comments from a Conference meeting, identify another Member by name as being associated with a particular view or quote another Member’s comments by name without the express permission of that Member.

1. Debate in Conference is subject to a “three-minute rule,” which includes time yielded for questions. Senators may be granted additional time by unanimous consent.

2. The Democratic Secretary or his or her designee is responsible for keeping time and indicating when a Senator’s three minutes have expired.

1. Elections for Conference Leadership positions (if contested) and committee chairs or ranking member positions shall be by secret ballot. In instances during which the Conference is meeting virtually, if votes are necessary to conduct business, the Conference Secretary shall devise such steps and procedures as necessary to ensure the secrecy of the ballot when Senators are voting remotely.

2. In those instances in which candidates for committee chairs or ranking member positions are unopposed, balloting shall be for or against the candidate(s) in question, with a majority of the Conference Members voting in the affirmative required for the candidate(s) to be elected. The Democratic Secretary shall be responsible for maintaining the integrity and secrecy of all ballots. For Conference Leadership positions, nominations may be made by any Member of the Conference. For committee chairs or ranking member positions, nominations for the positions shall be the recommendations submitted to the Conference by the Democratic Steering Committee as provided in Rule XI. If a candidate for a chair or ranking member position fails to receive a majority vote of the Conference, nominations may be made by any Member of the Conference and/or the Democratic Steering Committee may submit new recommendations.

3. In those instances in which there are two or more candidates for Conference Leadership positions, committee chairs or ranking member positions, after the names of the candidates are placed in nomination, balloting shall proceed without interruption or recess from ballot to ballot until one candidate receives the votes of the majority of Conference Members present and voting, at which point such candidate shall be declared elected.

4. If there are more than two candidates for a position to be filled and no one receives a majority of the votes cast, the nominated candidate receiving the fewest votes on the first and each succeeding ballot shall be eliminated until one candidate receives a majority of the votes cast.

5. The Conference Chair may postpone the commencement of voting under Rule V, paragraph 3, for up to two days to give adequate notice and opportunity to all Members if the election is contested.

6. Proxies for all elections are authorized and will be honored.

1. Conference officers are: the Democratic Leader, who serves as Chair of the Conference; the Democratic Whip; the Chair of the Democratic Policy & Communications Committee; the Chair of the Democratic Steering & Outreach Committee; two Vice Chairs of the Conference; the Chair of Outreach; the Vice Chair of the Democratic Policy & Communications Committee; the Conference Secretary; the Vice Chair of the Democratic Policy & Communications Committee; the Vice Chair of Outreach; and the Deputy Conference Secretary.

2. Officers of the Conference are selected and confirmed solely by the Conference; no Senate action is required.

3. Officers of the Conference are subject to election by the Conference beginning no earlier than in December prior to the start of the next Congress or whenever a vacancy occurs.

1. There are six Officers of the Senate in addition to the Vice President of the United States: the President pro tempore, the Secretary of the Senate, the Sergeant-at-Arms, the Chaplain, the Secretary for the Majority, and the Secretary for the Minority.

2. When Democrats are in the majority, all Officers of the Senate are initially selected by the Party Conference except for the Secretary for the Minority and may be subject to be reconfirmed to continue in office by the Conference each Congress that Democrats continue to be in the majority.

3. When Democrats are in the minority, the Secretary for the Minority is initially selected by the Party Conference and may be subject to be reconfirmed to continue in office by the Conference each Congress that Democrats continue to be in the minority.

4. All of the Party selectees to these positions are subject, initially, to election by the full Senate, usually by resolution.

5. When the Democrats are in the majority, the most senior Member of the Conference shall be nominated to serve as President pro tempore, subject to approval by the full Conference.

6. The tenure of the President pro tempore is limited to his or her statutory term as a Senator, and he or she must be re-elected as President pro tempore following each re-election as a Senator.

7. The other, non-Member Officers have no statutory terms and serve at the pleasure of the Senate.

8. The Conference Chair nominates on the Senate floor, when necessary, the Conference choices for the elective Senate positions.

1. The Conference Chair shall appoint the Chair, two Vice Chairs, and members of the Democratic Policy & Communications Committee, following consultation with the Whip, the Vice Chairs of the Conference, and the Conference Secretary.

2. Leadership appointments to the Democratic Policy & Communications Committee are subject to confirmation by the full Conference under the procedures for balloting established under Rule V.

3. Appointments to the Democratic Policy & Communications Committee should reflect, to the extent possible, the geographic and philosophical composition of the Conference, as well as its diversity, in all its forms.

4. With the exception of the Conference Chair, no appointment may have the effect of placing the appointee on more than one of the following two Committees: the Democratic Policy & Communications Committee and the Democratic Steering & Outreach Committee, unless a waiver is granted.

5. The Whip and the Conference Secretary attend Democratic Policy & Communications Committee meetings.

6. The Democratic Policy & Communications Committee is the research arm of the Conference and, as such, is a non-binding formulator of Conference policy.

7. The Vice President, when he or she is a Democrat, may participate in Democratic Policy & Communications Committee meetings when invited by the Committee Chair but does not preside or have a vote.

1. The Conference Chair shall appoint the Chair and members of the Democratic Steering & Outreach Committee, following consultation with the Whip, the Vice Chairs of the Conference, and the Conference Secretary.

2. Leadership appointments to the Democratic Steering & Outreach Committee are subject to confirmation by the full Conference under the procedures for balloting established under Rule V.

3. Appointments to the Democratic Steering & Outreach Committee should reflect, to the extent possible, the geographic and philosophical composition of the Conference, as well as its diversity, in all its forms.

4. With the exception of the Conference Chair, no appointment may have the effect of placing the appointee on more than one of the following two Committees: the Democratic Policy & Communications Committee and the Democratic Steering & Outreach Committee, unless a waiver is granted.

5. The Democratic Steering & Outreach Committee is responsible for making recommendations to the Conference regarding Member assignments to standing, special, and select committees; committee chairs or ranking member positions; and filling committee vacancies as they occur. All such recommendations are subject to approval by the full Conference under the procedures for balloting established under Rule V.

6. The Vice President, when he or she is a Democrat, may participate in Democratic Steering & Outreach Committee meetings when invited by the Committee Chair but does not preside or have a vote.

1. Committee assignments are based on recommendations made by the Democratic Steering & Outreach Committee, subject to approval by the Conference.

2. The Democratic Steering & Outreach Committee operates independently of committee chairs or ranking minority members in nominating Members to fill committee vacancies.

3. The Democratic Steering & Outreach Committee shall recommend committee assignments giving due consideration to seniority, Member preference, and prior service on the committee(s) in question.

4. Seniority dates from a Member’s current entry into the Party Conference; that is to say that the seniority of a Member with interrupted service or service in another Party does not date from that Member’s initial entrance into the Senate.

5. The Democratic Steering & Outreach Committee may not recommend two Members from the same State for appointment to the same committee unless a waiver is granted.

6. Appointments to committees should reflect, to the extent possible, the diversity of the Conference, in all its forms.

7. Democratic Steering & Outreach Committee recommendations for committee assignments shall comply with Rule XXV of the Standing Rules of the Senate unless individual waivers are granted.

8. Each freshman Member shall be assigned, to the extent possible, to at least one of the major committees of his or her choice. A major (“A”) committee is one of the twelve standing committees listed in paragraph 2 of Rule XXV of the Standing Rules of the Senate and the Select Committee on Intelligence.

9. The Committees on Appropriations, Armed Services, and Finance shall be deemed exclusive committees. With the exception of any Member who simultaneously served on two or more of these three committees prior to the adoption of these Rules by the Conference, no Member may serve on two or more exclusive committees until every Member serves on at least one exclusive committee unless a waiver is granted. A Member who serves on one exclusive committee may be eligible for assignment to a second exclusive committee provided that the Member resigns from the first exclusive committee unless a waiver is granted.

10. If a Member is removed from a standing committee because of a reduction in the number of Democratic seats on the committee in question to reflect a changed majority-minority ratio, that Member so removed shall have first claim to the next seat available on the committee on which the Member previously served.

11. It is the policy of the Democratic Conference that if a Member, including the Conference Chair, voluntarily relinquishes his or her seat on a committee to accommodate another Member at the request of the Conference Chair and subsequently wishes to rejoin that committee, that Member shall have the next seat available on the committee on which the Member previously served, and shall retain his or her seniority.

1. Committee chairs or ranking member assignments are based on recommendations made by the Democratic Steering & Outreach Committee, subject to approval by the full Conference under the procedures for balloting established under Rule V.

2. Democratic Steering & Outreach Committee recommendations for committee chairs or ranking member assignments shall comply with Rule XXV of the Standing Rules of the Senate unless individual waivers are granted.

3. The Democratic Leader may not simultaneously serve as chair or ranking member of any standing committee or subcommittee. The Democratic Whip may only simultaneously serve as chair or ranking member of one standing committee or one subcommittee.

4. No Member who is a chair or ranking member of any “A” committee shall be permitted to select a chair or ranking member position on any subcommittee until all Members of the Conference have had an opportunity to select one chair or ranking member position for a committee on which they are a member.

5. It is the responsibility of the Democratic Leader to ensure each Member of the Conference has a chair or ranking member position on at least one subcommittee.

6. Restrictions contained in Rule XXV 4 (e) of the Standing Rules of the Senate on chairs shall apply equally to ranking member positions when the Democratic Conference is in the minority. No Member shall be permitted to select a third chair or ranking member position of any subcommittees until all Members of the Conference have had an opportunity to select two chairs or ranking member positions. This restriction on holding no more than “two gavels” applies with respect to all full committees and subcommittees of standing committees included in Rule XXV of the Standing Rules of the Senate. There is no exception to the “two gavel” restriction unless a third gavel is granted of necessity based on committee assignments and is claimed after each other Member has had an opportunity to hold a second gavel of his or her choice.

7. The Democratic members of each standing, select, special, or joint committee constitute a caucus within that committee and shall be consulted with regard to sharing committee resources, seating arrangements in the committee, the appropriate use of or exceptions to the “Early Bird Rule,” priorities for committee and subcommittee hearings and business meetings, and other matters that may be appropriate.

8. Pursuant to the preceding paragraph, committee chairs or ranking members shall make committee staff and financial resources available to subcommittee chairs or ranking members so that the subcommittees may meet, hold hearings, receive evidence, and report to their respective committees. For the 118th Congress, effective on March 1, 2023, “A” Committee chairs shall share, on an annualized basis, at least 2.5 percent of the Democratic share (excluding non-designated and other shared expenses) of committee budgets with their subcommittee chairs. “A” Committee chairs who cannot meet the minimum funding requirement for the 118th Congress as a result of extraordinary needs or hardships, must work with the Leader and their subcommittee chairs on an alternate plan, subject to the approval of the Leader. Increases in authorization levels provided to Committees that exceed the rate needed to continue the 5-month budget provided for the 117th Congress into the 118th Congress will be split 60-40 (full/subcommittees), increasing the 2.5 percent target up to a total of 5.0 percent of the Democratic share of full committee budgets. The prior sentence shall not apply in the case of one-time, special reserves, which shall be exempt from this rule. For the 119th Congress, “A” Committee chairs shall share, on an annualized basis, at least 5.0 percent of the Democratic share (excluding non-designated and other shared expenses) of total committee budgets with their subcommittee chairs. The 5.0 percent target for the 119th Congress shall be adjusted to account for any increase in authorization levels provided in the 118th Congress, up to a total of 7.5 percent of the Democratic share of full committee budgets. “A” Committee chairs who cannot meet this requirement for the 119th Congress or subsequent Congress as a result of either extraordinary needs or hardship must work with the Leader and their subcommittee chairs on an alternate plan for that Congress, subject to the approval of the Leader. If a Democratic committee budget (excluding non-designated and other shared expenses) decreases, the minimum funding level will be reduced by the same proportion as the reduction in the Democratic share (excluding non-designated funds) of the full committee’s budget. Unused subcommittee funds may be redirected by the “A” Committee chair or ranking member to other subcommittees after reasonable warning and opportunity for use; such redirection applies only for the year funds are unused. Subcommittee chairs or ranking members shall have supervisory responsibility for subcommittee personnel hired using funds provided under this section, who will work in close collaboration with personnel on the full committee. Committees are encouraged, but not required, to exceed these minimum funding levels.

At the end of the first session of the 118th Congress, the Democratic Leader shall create a working group comprised of not less than three “A” committee chairs and not less than three Senators who are not “A” committee chairs to evaluate the progress of committees in implementing the provisions in this section and provide recommendations to the Conference on how subcommittees can be better empowered in accomplishing the goals of the Conference. Further, the conference shall re-evaluate this section, including the amount of resources shared between “A” committees and their subcommittees, prior to the 120th Congress.

This section shall not apply to the Committees on Intelligence, Armed Services or Appropriations.

For purposes of this section, the term “chair” shall apply to ranking members, when Democrats are not in the majority.

9. Subcommittee chairs or ranking members are expected to be active in fulfilling their duties. Committee chairs are expected to support the work of their subcommittees, and actively consult subcommittee chairs quarterly in developing a plan for all committee hearings.

10. Committee chairs shall ensure that each subcommittee chair has the ability to hold hearings. The subcommittee chair may choose the hearing topics, within the jurisdiction of the subcommittee and in consultation with the committee chair to ensure consistency with conference goals, and timing, subject to coordination for scheduling logistics. Further, committees will be required to give an update periodically on the work of its subcommittees to the Conference at the weekly lunches, and regularly at the Chairs lunch, subject to the scheduling of the Leader. Updates to the Conference shall occur not less than quarterly, and shall include a written summary of subcommittee hearings and resources provided.

11. Each Congress, starting with the 119th Congress, prior to subcommittee selection, the Conference Secretary shall prepare and provide to Democratic Senators a report describing: (1) each committee’s practices for supporting subcommittees in the previous Congress and expected practices for the next Congress with regard to supporting subcommittees and their activities; and (2) what the subcommittees did with the support in the previous Congress. The report shall detail by “A” Committee the number of hearings held by subcommittees (specifying whether held at the request of the full committee or subcommittee), the costs of the hearings held by the subcommittees, and the funding provided by the full committee to subcommittees.

1. The Conference Chair, following consultation with the relevant committee chair or chairs or ranking member(s), recommends Democratic conferees who are then appointed on the Senate floor by the Presiding Officer.

2. Committee chairs or ranking members, when suggesting committee members to the Conference Chair, shall ensure to the extent possible that a majority of the proposed conferees support the prevailing opinion of Democratic Senators.

3. Committee chairs or ranking members need not be limited to suggesting committee members to conference committees, nor are they bound by committee seniority.

1. The Conference Chair shall appoint the Democratic Senatorial Campaign Committee Chair and committee members, and is authorized to fill vacancies, following consultation with the Whip, the Vice Chairs of the Conference, and the Conference Secretary.

2. Leadership appointments to the Democratic Senatorial Campaign Committee are subject to confirmation by the full Conference under the procedures for balloting established under Rule V.

3. The Democratic Senatorial Campaign Committee Chair and committee members shall resign when their own re-election campaigns occur within two years. The outgoing Chair, however, may remain on the Democratic Senatorial Campaign Committee as an ex officio member for one two-year term.

4. To the extent possible, the Chair of the Conference, in consultation with the Democratic Senatorial Campaign Committee Chair, the Whip, the Vice Chairs of the Conference, and the Conference Secretary, shall have a Democratic Senatorial Campaign Committee member be responsible for outreach to Senate candidates who win election to assist them with their transition to the Senate.

1. There is hereby established a Committee on Conference Rules.

2. The Conference Chair shall appoint the Chair and committee members, following consultation with the Whip, the Vice Chairs of the Conference, and the Conference Secretary.

3. Leadership appointments to the Committee on Conference Rules are subject to confirmation by the full Conference under the procedures for balloting established under Rule V.

4. The Committee on Conference Rules shall review the Conference Rules each Congress and may recommend changes to the Rules as the need arises. The Committee on Conference Rules shall submit proposed changes in writing to the full Conference for its approval. Individual Members of the Conference may bring proposed changes in the Rules to the Committee on Conference Rules or directly to the Conference for its consideration, providing Members of the Conference with the text of the proposed changes to the Conference Rules at least one week before Conference consideration. In either instance, the Members proposing the changes shall retain sole discretion on the wording of such changes.

5. The Conference has the authority to change Conference Rules or cancel or waive application of any Conference Rule by a simple majority vote, a quorum being present to conduct official business.

6. The Committee on Conference Rules shall be responsible for monitoring compliance with the Conference Rules and for reporting on compliance to the Conference.

7. The Committee on Conference Rules shall ensure that the Conference Rules are readily available to Members by providing paper copies to each Democratic Senator at the beginning of each Congress and whenever they are amended, if amended, and designating staff responsible for further outreach and fielding any inquiries or suggestions from Democratic Senators and their staff, in consultation with the Democratic Secretary.

1. The Conference Chair is authorized to appoint ad hoc committees with or without Conference approval.

2. Such committees shall be constituted to study certain matters and to report their findings and recommendations to the Conference as appropriate.

1. Any Member who serves in a Leadership position in the Conference who is charged with a felony shall cease to exercise the powers and duties of his or her Leadership position. The Conference will determine who shall exercise those powers and duties on a temporary basis.

2. If any Member who serves in a Leadership position in the Conference steps aside pursuant to paragraph 1 of this Rule and the charges are subsequently dismissed or reduced to less than a felony as described in paragraph 1, or if the Member is found not guilty of such charges, that Member shall resume the powers and duties of his or her Leadership position.

3. Any Member who serves in a Leadership position in the Conference who is convicted of a felony shall be removed from such position permanently.

4. Immediately upon the removal of any Member from a Leadership position in the Conference in accordance with paragraph 3, the Conference shall select a replacement in accordance with Rule V.

5. Any Member of the Conference who serves as chair or ranking member of a standing, select, special, or joint committee who is charged with a felony shall immediately step aside in favor of the next most senior eligible Democratic member of the committee in question, who shall serve as acting chair or ranking member.

6. If any Member who serves as chair or ranking member of a standing, select, special, or joint committee steps aside pursuant to paragraph 5 of this Rule and the charges are subsequently dismissed or reduced to less than a felony as described in paragraph 5, or if the Member is found not guilty of such charges, that Member shall resume the powers and duties of his or her chair or ranking member position.

7. Any Member who serves as chair or ranking member of a standing, select, special, or joint committee and is convicted of a felony shall be removed from such position permanently in favor of the next most senior eligible Democratic member of the committee in question, who shall serve as chair or ranking member, subject to Conference approval in accordance with Rule V.

8. In any instance in which a Member returns as chair or ranking member of a standing, select, special, or joint committee, the next most senior eligible Democratic member shall return to his or her previous position.

9. Any Member who serves in a Leadership position in the Conference or as chair or ranking member of a standing, select, special, or joint committee who is censured by a vote of the Senate shall cease to exercise the powers and duties of his or her Leadership position, chair, or ranking member position and shall be permanently replaced according to the procedures established in paragraphs 4 and 7 of this Rule.

10. The Conference, acting in Caucus, may expel any Member for cause by an affirmative vote of two-thirds of the Members.

1. Senate Democratic offices, including committee and subcommittee chairs and ranking members, shall commit to hiring diversity in all its forms.

2. The Conference Chair shall maintain a Senate Democratic Diversity Initiative office. This office shall be charged with assisting the Conference in hiring diverse staff, in all its forms.

3. Each Conference, committee, and subcommittee office determines its own hiring practices, but to the extent practicable, such offices shall: (1) engage with the Senate Democratic Diversity Initiative to identify qualified candidates for vacancies; (2) engage with Congressional staff associations and outside stakeholder groups that represent diversity to solicit resumes; and (3) interview diverse applicants for all vacancies.