[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.