[Senate Prints 111-14]
[From the U.S. Government Publishing Office]



111th Congress                                                  S. Prt.
 1st Session                COMMITTEE PRINT                      111-14
_______________________________________________________________________
 
                           RULES OF PROCEDURE

                                 OF THE

                          SENATE COMMITTEE ON

                 HEALTH, EDUCATION, LABOR, AND PENSIONS

                            PREPARED BY THE

                    COMMITTEE ON HEALTH, EDUCATION,

                          LABOR, AND PENSIONS

                          UNITED STATES SENATE

                                     
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                             FEBRUARY 2009

                       Printed for the use of the
          Committee on Health, Education, Labor, and Pensions



          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

               EDWARD M. KENNEDY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     MICHAEL B. ENZI, Wyoming
TOM HARKIN, Iowa                     JUDD GREGG, New Hampshire
BARBARA A. MIKULSKI, Maryland        LAMAR ALEXANDER, Tennessee
JEFF BINGAMAN, New Mexico            RICHARD BURR, North Carolina
PATTY MURRAY, Washington             JOHNNY ISAKSON, Georgia
JACK REED, Rhode Island              JOHN McCAIN, Arizona
BERNARD SANDERS (I), Vermont         ORRIN G. HATCH, Utah
SHERROD BROWN, Ohio                  LISA MURKOWSKI, Alaska
ROBERT P. CASEY, JR., Pennsylvania   TOM COBURN, M.D., Oklahoma
KAY R. HAGAN, North Carolina         PAT ROBERTS, Kansas
JEFF MERKLEY, Oregon
AL FRANKEN, Minnesota

           J. Michael Myers, Staff Director and Chief Counsel

              Frank Macchiarola, Republican Staff Director

                                  (ii)


                               __________

                             SUBCOMMITTEES

                               __________

                         CHILDREN AND FAMILIES

                           Mr. DODD, Chairman

          Mr. BINGAMAN                       Mr. ALEXANDER
          Mrs. MURRAY                        Mr. GREGG
          Mr. REED                           Mr. McCAIN
          Mr. SANDERS (I)                    Mr. HATCH
          Mr. BROWN                          Ms. MURKOWSKI
          Mr. CASEY                          Mr. COBURN, M.D.
          Mrs. HAGAN                         Mr. ROBERTS
          Mr. MERKLEY                        Mr. ENZI (ex officio)
          Mr. KENNEDY (ex officio)

                    EMPLOYMENT AND WORKPLACE SAFETY

                         Mrs. MURRAY, Chairman

          Mr. DODD                           Mr. ISAKSON
          Mr. HARKIN                         Mr. GREGG
          Ms. MIKULSKI                       Mr. BURR
          Mr. BROWN                          Mr. McCAIN
          Mrs. HAGAN                         Mr. HATCH
          Mr. MERKLEY                        Ms. MURKOWSKI
          Mr. FRANKEN                        Mr. ENZI (ex officio)
          Mr. KENNEDY (ex officio)

                          RETIREMENT AND AGING

                        Ms. MIKULSKI, Chairwoman

          Mr. HARKIN                         Mr. BURR
          Mr. BINGAMAN                       Mr. GREGG
          Mr. REED                           Mr. ALEXANDER
          Mr. SANDERS (I)                    Mr. ISAKSON
          Mr. CASEY                          Mr. COBURN, M.D.
          Mr. FRANKEN                        Mr. ENZI (ex officio)
          Mr. KENNEDY (ex officio)

                                 (iii)

                                     
                 SENATE COMMITTEE ON HEALTH, EDUCATION,

                          LABOR, AND PENSIONS

                      Edward M. Kennedy, Chairman

          rules of procedure (as agreed to february 26, 2009)

    Rule 1.--Subject to the provisions of rule XXVI, paragraph 
5, of the Standing Rules of the Senate, regular meetings of the 
committee shall be held on the second and fourth Wednesday of 
each month, at 10:00 a.m., in room SD-430, Dirksen Senate 
Office Building. The chairman may, upon proper notice, call 
such additional meetings as he may deem necessary.
    Rule 2.--The chairman of the committee or of a 
subcommittee, or if the chairman is not present, the ranking 
majority member present, shall preside at all meetings. The 
chairman may designate the ranking minority member to preside 
at hearings of the committee or subcommittee.
    Rule 3.--Meetings of the committee or a subcommittee, 
including meetings to conduct hearings, shall be open to the 
public except as otherwise specifically provided in subsections 
(b) and (d) of rule 26.5 of the Standing Rules of the Senate.
    Rule 4.--(a) Subject to paragraph (b), one-third of the 
membership of the committee, actually present, shall constitute 
a quorum for the purpose of transacting business. Any quorum of 
the committee which is composed of less than a majority of the 
members of the committee shall include at least one member of 
the majority and one member of the minority.
    (b) A majority of the members of a subcommittee, actually 
present, shall constitute a quorum for the purpose of 
transacting business: provided, no measure or matter shall be 
ordered reported unless such majority shall include at least 
one member of the minority who is a member of the subcommittee. 
If, at any subcommittee meeting, a measure or matter cannot be 
ordered reported because of the absence of such a minority 
member, the measure or matter shall lay over for a day. If the 
presence of a member of the minority is not then obtained, a 
majority of the members of the subcommittee, actually present, 
may order such measure or matter reported.
    (c) No measure or matter shall be ordered reported from the 
committee or a subcommittee unless a majority of the committee 
or subcommittee is physically present.
    Rule 5.--With the approval of the chairman of the committee 
or subcommittee, one member thereof may conduct public hearings 
other than taking sworn testimony.
    Rule 6.--Proxy voting shall be allowed on all measures and 
matters before the committee or a subcommittee if the absent 
member has been informed of the matter on which he is being 
recorded and has affirmatively requested that he be so 
recorded. While proxies may be voted on a motion to report a 
measure or matter from the committee, such a motion shall also 
require the concurrence of a majority of the members who are 
actually present at the time such action is taken.
    The committee may poll any matters of committee business as 
a matter of unanimous consent; provided that every member is 
polled and every poll consists of the following two questions:
          (1) Do you agree or disagree to poll the proposal; 
        and
          (2) Do you favor or oppose the proposal.
    Rule 7.--There shall be prepared and kept a complete 
transcript or electronic recording adequate to fully record the 
proceedings of each committee or subcommittee meeting or 
conference whether or not such meetings or any part thereof is 
closed pursuant to the specific provisions of subsections (b) 
and (d) of rule 26.5 of the Standing Rules of the Senate, 
unless a majority of said members vote to forgo such a record. 
Such records shall contain the vote cast by each member of the 
committee or subcommittee on any question on which a ``yea and 
nay'' vote is demanded, and shall be available for inspection 
by any committee member. The clerk of the committee, or the 
clerk's designee, shall have the responsibility to make 
appropriate arrangements to implement this rule.
    Rule 8.--The committee and each subcommittee shall 
undertake, consistent with the provisions of rule XXVI, 
paragraph 4, of the Standing Rules of the Senate, to issue 
public announcement of any hearing it intends to hold at least 
one week prior to the commencement of such hearing.
    Rule 9.--The committee or a subcommittee shall require all 
witnesses heard before it to file written statements of their 
proposed testimony at least 24 hours before a hearing, unless 
the chairman and the ranking minority member determine that 
there is good cause for failure to so file, and to limit their 
oral presentation to brief summaries of their arguments. 
Testimony may be filed electronically. The presiding officer at 
any hearing is authorized to limit the time of each witness 
appearing before the committee or a subcommittee. The committee 
or a subcommittee shall, as far as practicable, utilize 
testimony previously taken on bills and measures similar to 
those before it for consideration.
    Rule 10.--Should a subcommittee fail to report back to the 
full committee on any measure within a reasonable time, the 
chairman may withdraw the measure from such subcommittee and 
report that fact to the full committee for further disposition.
    Rule 11.--No subcommittee may schedule a meeting or hearing 
at a time designated for a hearing or meeting of the full 
committee. No more than one subcommittee executive meeting may 
be held at the same time.
    Rule 12.--It shall be the duty of the chairman in 
accordance with section 133(c) of the Legislative 
Reorganization Act of 1946, as amended, to report or cause to 
be reported to the Senate, any measure or recommendation 
approved by the committee and to take or cause to be taken, 
necessary steps to bring the matter to a vote in the Senate.
    Rule 13.--Whenever a meeting of the committee or 
subcommittee is closed pursuant to the provisions of subsection 
(b) or (d) of rule 26.5 of the Standing Rules of the Senate, no 
person other than members of the committee, members of the 
staff of the committee, and designated assistants to members of 
the committee shall be permitted to attend such closed session, 
except by special dispensation of the committee or subcommittee 
or the chairman thereof.
    Rule 14.--The chairman of the committee or a subcommittee 
shall be empowered to adjourn any meeting of the committee or a 
subcommittee if a quorum is not present within fifteen minutes 
of the time schedule for such meeting.
    Rule 15.--Whenever a bill or joint resolution repealing or 
amending any statute or part thereof shall be before the 
committee or a subcommittee for final consideration, the clerk 
shall place before each member of the committee or subcommittee 
a print of the statute or the part or section thereof to be 
amended or replaced showing by stricken-through type, the part 
or parts to be omitted and in italics, the matter proposed to 
be added, if a member makes a timely request for such print.
    Rule 16.--An appropriate opportunity shall be given the 
minority to examine the proposed text of committee reports 
prior to their filing or publication. In the event there are 
supplemental, minority, or additional views, an appropriate 
opportunity shall be given the majority to examine the proposed 
text prior to filing or publication. Unless the chairman and 
ranking minority member agree on a shorter period of time, the 
minority shall have no fewer than three business days to 
prepare supplemental, minority or additional views for 
inclusion in a committee report from the time the majority 
makes the proposed text of the committee report available to 
the minority.
    Rule 17.--(a) The committee, or any subcommittee, may issue 
subpoenas, or hold hearings to take sworn testimony or hear 
subpoenaed witnesses, only if such investigative activity has 
been authorized by majority vote of the committee.
    (b) For the purpose of holding a hearing to take sworn 
testimony or hear subpoenaed witnesses, three members of the 
committee or subcommittee shall constitute a quorum: provided, 
with the concurrence of the chairman and ranking minority 
member of the committee or subcommittee, a single member may 
hear subpoenaed witnesses or take sworn testimony.
    (c) The committee may, by a majority vote, delegate the 
authority to issue subpoenas to the chairman of the committee 
or a subcommittee, or to any member designated by such 
chairman. Prior to the issuance of each subpoena, the ranking 
minority member of the committee or subcommittee, and any other 
member so requesting, shall be notified regarding the identity 
of the person to whom it will be issued and the nature of the 
information sought and its relationship to the authorized 
investigative activity, except where the chairman of the 
committee or subcommittee, in consultation with the ranking 
minority member, determines that such notice would unduly 
impede the investigation. All information obtained pursuant to 
such investigative activity shall be made available as promptly 
as possible to each member of the committee requesting same, or 
to any assistant to a member of the committee designated by 
such member in writing, but the use of any such information is 
subject to restrictions imposed by the rules of the Senate. 
Such information, to the extent that it is relevant to the 
investigation shall, if requested by a member, be summarized in 
writing as soon as practicable. Upon the request of any member, 
the chairman of the committee or subcommittee shall call an 
executive session to discuss such investigative activity or the 
issuance of any subpoena in connection therewith.
    (d) Any witness summoned to testify at a hearing, or any 
witness giving sworn testimony, may be accompanied by counsel 
of his own choosing who shall be permitted, while the witness 
is testifying, to advise him of his legal rights.
    (e) No confidential testimony taken or confidential 
material presented in an executive hearing, or any report of 
the proceedings of such an executive hearing, shall be made 
public, either in whole or in part or by way of summary, unless 
authorized by a majority of the members of the committee or 
subcommittee.
    Rule 18.--Presidential nominees shall submit a statement of 
their background and financial interests, including the 
financial interests of their spouse and children living in 
their household, on a form approved by the committee which 
shall be sworn to as to its completeness and accuracy. The 
committee form shall be in two parts--
          (I) information relating to employment, education and 
        background of the nominee relating to the position to 
        which the individual is nominated, and which is to be 
        made public; and,
          (II) information relating to financial and other 
        background of the nominee, to be made public when the 
        committee determines that such information bears 
        directly on the nominee's qualifications to hold the 
        position to which the individual is nominated.
    Information relating to background and financial interests 
(parts I and II) shall not be required of (a) candidates for 
appointment and promotion in the Public Health Service Corps; 
and (b) nominees for less than full-time appointments to 
councils, commissions or boards when the committee determines 
that some or all of the information is not relevant to the 
nature of the position. Information relating to other 
background and financial interests (part II) shall not be 
required of any nominee when the committee determines that it 
is not relevant to the nature of the position.
    Committee action on a nomination, including hearings or 
meetings to consider a motion to recommend confirmation, shall 
not be initiated until at least five days after the nominee 
submits the form required by this rule unless the chairman, 
with the concurrence of the ranking minority member, waives 
this waiting period.
    Rule 19.--Subject to statutory requirements imposed on the 
committee with respect to procedure, the rules of the committee 
may be changed, modified, amended or suspended at any time; 
provided, not less than a majority of the entire membership so 
determine at a regular meeting with due notice, or at a meeting 
specifically called for that purpose.
    Rule 20.--When the ratio of members on the committee is 
even, the term ``majority'' as used in the committee's rules 
and guidelines shall refer to the party of the chairman for 
purposes of party identification. Numerical requirements for 
quorums, votes and the like shall be unaffected.
    Rule 21.--First degree amendments must be filed with the 
chairman at least 24 hours before an executive session. The 
chairman shall promptly distribute all filed amendments to the 
members of the committee. The chairman may modify the filing 
requirements to meet special circumstances with the concurrence 
of the ranking minority member.
    Rule 22.--In addition to the foregoing, the proceedings of 
the committee shall be governed by the Standing Rules of the 
Senate and the provisions of the Legislative Reorganization Act 
of 1946, as amended.

            [Excerpts from the Standing Rules of the Senate]

                                RULE XXV

                          standing committees

    1. The following standing committees shall be appointed at 
the commencement of each Congress, and shall continue and have 
the power to act until their successors are appointed, with 
leave to report by bill or otherwise on matters within their 
respective jurisdictions:

           *       *       *       *       *       *       *

    (m)(1) Committee on Health, Education, Labor, and Pensions, 
to which committee shall be referred all proposed legislation, 
messages, petitions, memorials, and other matters relating to 
the following subjects:
    1. Measures relating to education, labor, health, and 
public welfare.
    2. Aging.
    3. Agricultural colleges.
    4. Arts and humanities.
    5. Biomedical research and development.
    6. Child labor.
    7. Convict labor and the entry of goods made by convicts 
into interstate commerce.
    8. Domestic activities of the American National Red Cross.
    9. Equal employment opportunity.
    10. Gallaudet College, Howard University, and Saint 
Elizabeths Hospital.
    11. Individuals with disabilities \2\.
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    \2\ Effective Jan. 21, 1999, pursuant to the Committee 
Reorganization Amendments of 1999 (S. Res. 28), is amended by striking 
``Handicapped individuals'', and inserting ``Individuals with 
disabilities.''
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    12. Labor standards and labor statistics.
    13. Mediation and arbitration of labor disputes.
    14. Occupational safety and health, including the welfare 
of miners.
    15. Private pension plans.
    16. Public health.
    17. Railway labor and retirement.
    18. Regulation of foreign laborers.
    19. Student loans.
    20. Wages and hours of labor.
    (2) Such committee shall also study and review, on a 
comprehensive basis, matters relating to health, education and 
training, and public welfare, and report thereon from time to 
time.

                               RULE XXVI

                          committee procedure

    1. Each standing committee, including any subcommittee of 
any such committee, is authorized to hold such hearings, to sit 
and act at such times and places during the sessions, recesses, 
and adjourned periods of the Senate, to require by subpoena or 
otherwise the attendance of such witnesses and the production 
of such correspondence, books, papers, and documents, to take 
such testimony and to make such expenditures out of the 
contingent fund of the Senate as may be authorized by 
resolutions of the Senate. Each such committee may make 
investigations into any matter within its jurisdiction, may 
report such hearings as may be had by it, and may employ 
stenographic assistance at a cost not exceeding the amount 
prescribed by the Committee on Rules and Administration. \3\ 
The expenses of the committee shall be paid from the contingent 
fund of the Senate upon vouchers approved by the chairman.
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    \3\ Pursuant to section 68c of title 2, United States Code, the 
Committee on Rules and Administration issues Regulations Governing 
Rates Payable to Commercial Reporting Forms for Reporting Committee 
Hearings in the Senate.'' Copies of the regulations currently in effect 
may be obtained from the Committee.

           *       *       *       *       *       *       *

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    5. (a) Notwithstanding any other provision of the rules, 
when the Senate is in session, no committee of the Senate or 
any subcommittee thereof may meet, without special leave, after 
the conclusion of the first two hours after the meeting of the 
Senate commenced and in no case after two o'clock postmeridian 
unless consent therefor has been obtained from the majority 
leader and the minority leader (or in the event of the absence 
of either of such leaders, from his designee). The prohibition 
contained in the preceding sentence shall not apply to the 
Committee on Appropriations or the Committee on the Budget. The 
majority leader or his designee shall announce to the Senate 
whenever consent has been given under this subparagraph and 
shall state the time and place of such meeting. The right to 
make such announcement of consent shall have the same priority 
as the filing of a cloture motion.
    (b) Each meeting of a committee, or any subcommittee 
thereof, including meetings to conduct hearings, shall be open 
to the public, except that a meeting or series of meetings by a 
committee or a subcommittee thereof on the same subject for a 
period of no more than fourteen calendar days may be closed to 
the public on a motion made and seconded to go into closed 
session to discuss only whether the matters enumerated in 
clauses (1) through (6) would require the meeting to be closed, 
followed immediately by a record vote in open session by a 
majority of the members of the committee or subcommittee when 
it is determined that the matters to be discussed or the 
testimony to be taken at such meeting or meetings--
          (1) will disclose matters necessary to be kept secret 
        in the interests of national defense or the 
        confidential conduct of the foreign relations of the 
        United States;
          (2) will relate solely to matters of committee staff 
        personnel or internal staff management or procedure;
          (3) will tend to charge an individual with crime or 
        misconduct, to disgrace or injure the professional 
        standing of an individual, or otherwise to expose an 
        individual to public contempt or obloquy or will 
        represent a clearly unwarranted invasion of the privacy 
        of an individual;
          (4) will disclose the identity of any informer or law 
        enforcement agent or will disclose any information 
        relating to the investigation or prosecution of a 
        criminal offense that is required to be kept secret in 
        the interests of effective law enforcement;
          (5) will disclose information relating to the trade 
        secrets of financial or commercial information 
        pertaining specifically to a given person if--
                  (A) an Act of Congress requires the 
                information to be kept confidential by 
                Government officers and employees; or
                  (B) the information has been obtained by the 
                Government on a confidential basis, other than 
                through an application by such person for a 
                specific Government financial or other benefit, 
                and is required to be kept secret in order to 
                prevent undue injury to the competitive 
                position of such person; or
          (6) may divulge matters required to be kept 
        confidential under other provisions of law or 
        Government regulations.
    (c) Whenever any hearing conducted by any such committee or 
subcommittee is open to the public, that hearing may be 
broadcast by radio or television, or both, under such rules as 
the committee or subcommittee may adopt.
    (d) Whenever disorder arises during a committee meeting 
that is open to the public, or any demonstration of approval or 
disapproval is indulged in by any person in attendance of any 
such meeting, it shall be the duty of the Chair to enforce 
order on his own initiative and without any point of order 
being made by a Senator. When the Chair finds it necessary to 
maintain order, he shall have the power to clear the room, and 
the committee may act in closed session for so long as there is 
doubt of the assurance of order.
    (e) Each committee shall prepare and keep a complete 
transcript or electronic recording adequate to fully record the 
proceeding of each meeting or conference whether or not such 
meeting or any part thereof is closed under this paragraph, 
unless a majority of its members vote to forgo such a record.

           *       *       *       *       *       *       *


  Guidelines of the Senate Committee on Health, Education, Labor, and 
Pensions With Respect to Hearings, Markup Sessions, and Related Matters

                                hearings

    Section 133A(a) of the Legislative Reorganization Act 
requires each committee of the Senate to publicly announce the 
date, place, and subject matter of any hearing at least one 
week prior to the commencement of such hearing.
    The spirit of this requirement is to assure adequate notice 
to the public and other Members of the Senate as to the time 
and subject matter of proposed hearings. In the spirit of 
section 133A(a) and in order to assure that members of the 
committee are themselves fully informed and involved in the 
development of hearings:
          1. Public notice of the date, place, and subject 
        matter of each committee or subcommittee hearing should 
        be inserted in the Congressional Record seven days 
        prior to the commencement of such hearing.
          2. At least seven days prior to public notice of each 
        committee or subcommittee hearing, the majority should 
        provide notice to the minority of the time, place and 
        specific subject matter of such hearing.
          3. At least three days prior to the date of such 
        hearing, the committee or subcommittee should provide 
        to each member a list of witnesses who have been or are 
        proposed to be invited to appear.
          4. The committee and its subcommittee should, to the 
        maximum feasible extent, enforce the provisions of rule 
        9 of the committee rules as it relates to the 
        submission of written statements of witnesses twenty-
        four hours in advance of a hearing. Witnesses will be 
        urged to submit testimony even earlier whenever 
        possible. When statements are received in advance of a 
        hearing, the committee or subcommittee (as appropriate) 
        should distribute copies of such statements to each of 
        its members. Witness testimony may be submitted and 
        distributed electronically.

         executive sessions for the purpose of marking up bills

    In order to expedite the process of marking up bills and to 
assist each member of the committee so that there may be full 
and fair consideration of each bill which the committee or a 
subcommittee is marking up the following procedures should be 
followed:
    1. Seven days prior to the proposed date for an executive 
session for the purpose of marking up bills the committee or 
subcommittee (as appropriate) should provide written notice to 
each of its members as to the time, place, and specific subject 
matter of such session, including an agenda listing each bill 
or other matters to be considered and including:
          (a) a copy of each bill, joint resolution, or other 
        legislative matter (or committee print thereof) to be 
        considered at such executive session; and
          (b) a copy of a summary of the provisions of each 
        bill, joint resolution, or other legislative matter to 
        be considered at such executive session including, 
        whenever possible, an explanation of changes to 
        existing law proposed to be made.
    2. Insofar as practical, prior to the scheduled date for an 
executive session for the purpose of marking up bills, the 
committee or a subcommittee (as appropriate) should provide 
each member with a copy of the printed record or a summary of 
any hearings conducted by the committee or a subcommittee with 
respect to each bill, joint resolution, or other legislative 
matter to be considered at such executive session.

                                 


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