[Senate Prints 116-2]
[From the U.S. Government Publishing Office]



                                                          S. PRT. 116-2

      
      
      
                         Rules of Procedure

                 ONE HUNDRED SIXTEENTH CONGRESS

                       COMMITTEE ON FINANCE

                      United States Senate

           [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


       Printed for the Use of the Committee on Finance
         Pursuant to Rule XXVI of the Standing Rules
                          of the Senate





                                                          S. PRT. 116-2

      
      
.      
                         Rules of Procedure

                 ONE HUNDRED SIXTEENTH CONGRESS

                       COMMITTEE ON FINANCE

                      United States Senate

           [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


       Printed for the Use of the Committee on Finance
         Pursuant to Rule XXVI of the Standing Rules
                          of the Senate



For sale by the Superintendent of Documents, Congressional Sales Office
       U.S. Government Printing Office, Washington, DC 20402 deg.






                          COMMITTEE ON FINANCE

                             116th CONGRESS

                     CHUCK GRASSLEY, IOWA, CHAIRMAN
                     

                 MIKE CRAPO                  RON WYDEN
                  Oregon                       Idaho

               PAT ROBERTS               DEBBIE STABENOW  
                  Kansas                    Michigan

              MICHAEL B. ENZI             MARIA CANTWELL
                 Wyoming                   Washington

               JOHN CORNYN               ROBERT MENENDEZ
                 Texas                      New Jersey

               JOHN THUNE                THOMAS R. CARPER
               South Dakota                  Delaware

             RICHARD BURR               BENJAMIN L. CARDIN
            North Carolina                   Maryland

              JOHNNY ISAKSON               SHERROD BROWN
               Georgia                         Ohio

               ROB PORTMAN               MICHAEL F. BENNET
                 Ohio                         Colorado

            PATRICK J. TOOMEY          ROBERT P. CASEY, Jr.
              Pennsylvania                 Pennsylvania

               TIM SCOTT                 MARK R. WARNER
              South Carolina                 Virginia

             BILL CASSIDY               SHELDON WHITEHOUSE
              Louisiana                    Rhode Island

              JAMES LANKFORD              MAGGIE HASSAN
                Oklahoma                   New Hampshire

             STEVE DAINES             CATHERINE CORTEZ MASTO
               Montana                       Nevada

              TODD YOUNG
               Indiana

             
             Kolan Davis, Staff Director and Chief Counsel
              Joshua Sheinkman, Democratic Staff Director

                                  (ii)




                                        
            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                 (iii)


                                     

                            TABLE OF CONTENTS

                                                                         Page

I. Rules of Procedure                                                      1

     Rule  1. Regular Meeting Days                                         1

     Rule  2. Committee Meetings                                           1

     Rule  3. Presiding Officer                                            2

     Rule  4. Quorums                                                      2

     Rule  5. Reporting of Measures or Recommendations                     2

     Rule  6. Proxy Voting; Polling                                        2

     Rule  7. Order of Motions                                             2

     Rule  8. Bringing a Matter to a Vote                                  3

     Rule  9. Public Announcement of Committee Votes                       3

     Rule 10. Subpoenas                                                    3

     Rule 11. Nominations                                                  3

     Rule 12. Open Committee Hearings                                      4

     Rule 13. Announcement of Hearings                                     4

     Rule 14. Witnesses at Hearings                                        4

     Rule 15. Audiences                                                    5

     Rule 16. Broadcasting of Hearings                                     5

     Rule 17. Subcommittees                                                6

     Rule 18. Transcripts of Committee Meetings                            7

     Rule 19. Amendment of Rules                                           8

II. Excerpts From the Standing Rules of the Senate Relating to Standing 
Committees                                                                 9

                                  (v)
COMMITTEE ON FINANCE

I. RULES OF PROCEDURE

(Adopted February 5, 2019)

Rule 1. Regular Meeting Days.--The regular meeting day of the committee 
shall be the second and fourth Tuesday of each month, except that if there 
be no business before the committee the regular meeting shall be omitted.

Rule 2. Committee Meetings.--(a) Except as provided by paragraph 3 of Rule 
XXVI of the Standing Rules of the Senate (relating to special meetings 
called by a majority of the committee) and subsection (b) of this rule, 
committee meetings, for the conduct of business, for the purpose of holding 
hearings, or for any other purpose, shall be called by the chairman after 
consultation with the ranking minority member. Members will be notified of 
committee meetings at least 48 hours in advance, unless the chairman 
determines that an emergency situation requires a meeting on shorter 
notice. The notification will include a written agenda together with 
materials prepared by the staff relating to that agenda. After the agenda 
for a committee meeting is published and distributed, no nongermane items 
may be brought up during that meeting unless at least two-thirds of the 
members present agree to consider those items.

(b) In the absence of the chairman, meetings of the committee may be called 
by the ranking majority member of the committee who is present, provided 
authority to call meetings has been delegated to such member by the 
chairman.

Rule 3. Presiding Officer.--(a) The chairman shall preside at all meetings 
and hearings of the committee except that in his absence the ranking 
majority member who is present at the meeting shall preside.

(b) Notwithstanding the rule prescribed by subsection (a) any member of the 
committee may preside over the conduct of a hearing.

Rule 4. Quorums.--(a) Except as provided in subsection (b) one-third of the 
membership of the committee, including not less than one member of the 
majority party and one member of the minority party, shall constitute a 
quorum for the conduct of business.

(b) Notwithstanding the rule prescribed by subsection (a), one member shall 
constitute a quorum for the purpose of conducting a hearing.

Rule 5. Reporting of Measures or Recommendations.--No measure or 
recommendation shall be reported from the committee unless a majority of 
the committee is actually present and a majority of those present concur.

Rule 6. Proxy Voting; Polling.--(a) Except as provided by paragraph 7(a)(3) 
of Rule XXVI of the Standing Rules of the Senate (relating to limitation on 
use of proxy voting to report a measure or matter), members who are unable 
to be present may have their vote recorded by proxy.

(b) At the discretion of the committee, members who are unable to be 
present and whose vote has not been cast by proxy may be polled for the 
purpose of recording their vote on any rollcall taken by the committee.

Rule 7. Order of Motions.--When several motions are before the committee 
dealing with related or overlapping matters, the chairman may specify the 
order in which the motions shall be voted upon.

Rule 8. Bringing a Matter to a Vote.--If the chairman determines that a 
motion or amendment has been adequately debated, he may call for a vote on 
such motion or amendment, and the vote shall then be taken, unless the 
committee votes to continue debate on such motion or amendment, as the case 
may be. The vote on a motion to continue debate on any motion or amendment 
shall be taken without debate.

Rule 9. Public Announcement of Committee Votes.--Pursuant to paragraph 7(b) 
of Rule XXVI of the Standing Rules of the Senate (relating to public 
announcement of votes), the results of rollcall votes taken by the 
committee on any measure (or amendment thereto) or matter shall be 
announced publicly not later than the day on which such measure or matter 
is ordered reported from the committee.

Rule 10. Subpoenas.--Subpoenas for attendance of witnesses and the 
production of memoranda, documents, and records shall be issued by the 
chairman, or by any other member of the committee designated by 
him. deg.Witnesses and memoranda, documents, and records may be subpoenaed 
by the chairman of the committee with the agreement of the ranking minority 
member or by a majority vote of the committee. Subpoenas for attendance of 
witnesses and the production of memoranda, documents, and records shall be 
issued by the chairman, or by any other member of the committee designated 
by him.

Rule  11.  Nominations.--In considering a nomination, the committee may 
conduct an investigation or review of the nominee's experience, 
qualifications, and suitability, to serve in the position to which he or 
she has been nominated. To aid in such investigation or review, each 
nominee may be required to submit a sworn detailed statement including 
biographical, financial, policy, and other information which the committee 
may request. The committee may specify which items in such statement are to 
be received on a confidential basis. Witnesses called to testify on the 
nomination may be required to testify under oath.

Rule 12. Open Committee Hearings.--To the extent required by paragraph 5 of 
Rule XXVI of the Standing Rules of the Senate (relating to limitations on 
open hearings), each hearing conducted by the committee shall be open to 
the public.

Rule 13. Announcement of Hearings.--The committee shall undertake 
consistent with the provisions of paragraph 4(a) of Rule XXVI of the 
Standing Rules of the Senate (relating to public notice of committee 
hearings) to issue public announcements of hearings it intends to hold at 
least one week prior to the commencement of such hearings.

Rule 14. Witnesses at Hearings.--(a) Each witness who is scheduled to 
testify at any hearing must submit his written testimony to the staff 
director not later than noon of the business day immediately before the 
last business day preceding the day on which he is scheduled to appear. 
Such written testimony shall be accompanied by a brief summary of the 
principal points covered in the written testimony. Having submitted his 
written testimony, the witness shall be allowed not more than ten minutes 
for oral presentation of his statement.

(b) Witnesses may not read their entire written testimony, but must confine 
their oral presentation to a summarization of their arguments.

(c) Witnesses shall observe proper standards of dignity, decorum, and 
propriety while presenting their views to the committee. Any witness who 
violates this rule shall be dismissed, and his testimony (both oral and 
written) shall not appear in the record of the hearing.

(d) In scheduling witnesses for hearings, the staff shall attempt to 
schedule witnesses so as to attain a balance of views early in the 
hearings. Every member of the committee may designate witnesses who will 
appear before the committee to testify. To the extent that a witness 
designated by a member cannot be scheduled to testify during the time set 
aside for the hearing, a special time will be set aside for the witness to 
testify if the member designating that witness is available at that time to 
chair the hearing.

Rule 15. Audiences.--Persons admitted into the audience for open hearings 
of the committee shall conduct themselves with the dignity, decorum, 
courtesy, and propriety traditionally observed by the Senate. 
Demonstrations of approval or disapproval of any statement or act by any 
member or witness are not allowed. Persons creating confusion or 
distractions or otherwise disrupting the orderly proceeding of the hearing 
shall be expelled from the hearing.

Rule 16. Broadcasting of Hearings.--(a) Broadcasting of open hearings by 
television or radio coverage shall be allowed upon approval by the chairman 
of a request filed with the staff director not later than noon of the day 
before the day on which such coverage is desired.

(b) If such approval is granted, broadcasting coverage of the hearing shall 
be conducted unobtrusively and in accordance with the standards of dignity, 
propriety, courtesy, and decorum traditionally observed by the Senate.

(c) Equipment necessary for coverage by television and radio media shall 
not be installed in, or removed from, the hearing room while the committee 
is in session.

(d) Additional lighting may be installed in the hearing room by the media 
in order to raise the ambient lighting level to the lowest level necessary 
to provide adequate television coverage of the hearing at the then current 
state of the art of television coverage.

(e) The additional lighting authorized by subsection (d) of this rule shall 
not be directed into the eyes of any members of the committee or of any 
witness, and at the request of any such member or witness, offending 
lighting shall be extinguished.

(f) No witness shall be required to be photographed at any hearing or to 
give testimony while the broadcasting (or coverage) of that hearing is 
being conducted. At the request of any such witness who does not wish to be 
subjected to radio or television coverage, all equipment used for coverage 
shall be turned off. deg.

Rule 17. Subcommittees.--(a) The chairman, subject to the approval of the 
committee, shall appoint legislative subcommittees. The ranking minority 
member shall recommend to the chairman appointment of minority members to 
the subcommittees. All legislation shall be kept on the full committee 
calendar unless a majority of the members present and voting agree to refer 
specific legislation to an appropriate subcommittee.

(b) The chairman may limit the period during which House-passed legislation 
referred to a subcommittee under paragraph (a) will remain in that 
subcommittee. At the end of that period, the legislation will be restored 
to the full committee calendar. The period referred to in the preceding 
sentences should be 6 weeks, but may be extended in the event that 
adjournment or a long recess is imminent.

(c) All decisions of the chairman are subject to approval or modification 
by a majority vote of the committee.

(d) The full committee may at any time by majority vote of those members 
present discharge a subcommittee from further consideration of a specific 
piece of legislation.

(e) The chairman and ranking minority members shall serve as nonvoting ex 
officio members of the subcommittees on which they do not serve as voting 
members.

(f) Any member of the committee may attend hearings held by any 
subcommittee and question witnesses testifying before that subcommittee.

(g) Subcommittee meeting times shall be coordinated by the staff director 
to ensure that--

(1) no subcommittee meeting will be held when the committee is in executive 
session, except by unanimous consent;

(2) no more than one subcommittee will meet when the full committee is 
holding hearings; and

(3) not more than two subcommittees will meet at the same time.

Notwithstanding paragraphs (2) and (3), a subcommittee may meet when the 
full committee is holding hearings and two subcommittees may meet at the 
same time only upon the approval of the chairman and the ranking minority 
member of the committee and subcommittees involved.

(h) All nominations shall be considered by the full committee.

(i) The chairman will attempt to schedule reasonably frequent meetings of 
the full committee to permit consideration of legislation reported 
favorably to the committee by the subcommittees.

Rule 18. Transcripts of Committee Meetings.--An accurate record shall be 
kept of all markups of the committee, whether they be open or closed to the 
public. A transcript, marked as ``uncorrected,'' shall be available for 
inspection by members of the Senate, or members of the committee together 
with their staffs, at any time. Not later than 21 business days after the 
meeting occurs, the committee shall make publicly available through the 
Internet--

(a) a video recording;

(b) an audio recording; or

(c) after all members of the committee have had a reasonable opportunity to 
correct their remarks for grammatical errors or to accurately reflect 
statements, a corrected transcript.                                    and 
such record shall remain available until the end of the Congress following 
the date of the meeting. [DELETED]

This record shall not be published or made public in any way except:

(a) By majority vote of the committee after all members of the committee 
have had a reasonable opportunity to correct their remarks for grammatical 
errors or to accurately reflect statements made.

(b) Any member may release his own remarks made in any markup of the 
committee provided that every member or witness whose remarks are contained 
in the released portion is given a reasonable opportunity before release to 
correct their remarks. deg.

Notwithstanding the above, in the case of the record of an executive 
session of the committee that is closed to the public pursuant to Rule XXVI 
of the Standing Rules of the Senate, the record shall not be published or 
made public in any way except by majority vote of the committee after all 
members of the committee have had a reasonable opportunity to correct their 
remarks for grammatical errors or to accurately reflect statements made.

Rule 19. Amendment of Rules.--The foregoing rules may be added to, 
modified, amended, or suspended at any time.

II. EXCERPTS FROM THE STANDING RULES OF THE SENATE RELATING TO STANDING 
COMMITTEES

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:

*    *    *

(i) Committee on Finance, to which committee shall be referred all proposed 
legislation, messages, petitions, memorials, and other matters relating to 
the following subjects:

1. Bonded debt of the United States, except as provided in the 
Congressional Budget Act of 1974.

2. Customs, collection districts, and ports of entry and delivery.

3. Deposit of public moneys.

4. General revenue sharing.

5. Health programs under the Social Security Act and health programs 
financed by a specific tax or trust fund.

6. National social security.

7. Reciprocal trade agreements.

8. Revenue measures generally, except as provided in the Congressional 
Budget Act of 1974.

9. Revenue measures relating to the insular possessions.

10. Tariffs and import quotas, and matters related thereto.

11. Transportation of dutiable goods.

*    *    *

RULE XXVI

committee procedure

*    *    *

2. Each committee shall adopt rules (not inconsistent with the Rules of the 
Senate) governing the procedure of such committee. The rules of each 
committee shall be published in the Congressional Record not later than 
March 1 of the first year of each Congress, except that if any such 
committee is established on or after February 1 of a year, the rules of 
that committee during the year of establishment shall be published in the 
Congressional Record not later than sixty days after such establishment. 
Any amendment to the rules of a committee shall not take effect until the 
amendment is published in the Congressional Record.

*    *    *

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 
post meridian 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 at 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.

*    *    *