[Senate Prints 117-2]
[From the U.S. Government Publishing Office]
S. PRT. 117-2
----------
Rules of Procedure
ONE HUNDRED SEVENTEENTH 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
S. PRT. 117-2
----------
Rules of Procedure
ONE HUNDRED SEVENTEENTH 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 Publishing Office, Washington, DC 20402
COMMITTEE ON FINANCE
117th CONGRESS
RON WYDEN, OREGON, CHAIRMAN
DEBBIE STABENOW MIKE CRAPO
Michigan Idaho
MARIA CANTWELL CHUCK GRASSLEY
Washington Iowa
ROBERT MENENDEZ JOHN CORNYN
New Jersey Texas
THOMAS R. CARPER JOHN THUNE
Delaware South Dakota
BENJAMIN L. CARDIN RICHARD BURR
Maryland North Carolina
SHERROD BROWN ROB PORTMAN
Ohio Ohio
MICHAEL F. BENNET PATRICK J. TOOMEY
Colorado Pennsylvania
ROBERT P. CASEY, Jr. TIM SCOTT
Pennsylvania South Carolina
MARK R. WARNER BILL CASSIDY
Virginia Louisiana
SHELDON WHITEHOUSE JAMES LANKFORD
Rhode Island Oklahoma
MAGGIE HASSAN STEVE DAINES
New Hampshire Montana
CATHERINE CORTEZ MASTO TODD YOUNG
Nevada Indiana
ELIZABETH WARREN BEN SASSE
Massachusetts Nebraska
JOHN BARRASSO
Wyoming
Joshua Sheinkman, Staff Director
Gregg Richard, Republican 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 25, 2021)
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.
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.
deg.1I74II. EXCERPTS FROM THE STANDING RULES OF THE SENATE
RELATING TO STANDING COMMITTEESRULE 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.
* * * * * * *