[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Pages S2147-S2150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    RULES OF THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

 Mr. JEFFORDS. Mr. President, Senate Standing Rule XXVI 
requires each committee to adopt rules to govern the procedures of the 
Committee and to publish those rules in the Congressional Record of the 
first year of each Congress. On January 20, 1999, the committee on 
Health, Education, Labor, and Pensions held a business meeting during 
which the members of the Committee unanimously adopted rules to govern 
the procedures of the Committee. Consistent with Standing Rule XXVI, 
today I am submitting for printing in the Congressional Record a

[[Page S2148]]

copy of the Rules of the Senate Committee on Health, Education, Labor, 
and Pensions.\1\
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     \1\ Pursuant to S. Res. 20, Committee on Labor and Human 
     Resources name was changed to Committee on Health, Education, 
     Labor, and Pensions on January 19, 1999.
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  The rules follow:

    Rules of the Committee on Health, Education, Labor, and Pensions

           (As adopted in executive session January 20, 1999)

       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.
       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 the 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 actually present at the time 
     such action is taken.
       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 mater 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, so far as 
     practicable, 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. 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 view, and appropriate 
     opportunity shall be given the majority to examine the 
     proposed text prior to filing or publication.
       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

[[Page S2149]]

     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.--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.
       Domestic activities of the American National Red Cross.
       9. Equal employment opportunity.
       10. Gallaudet College, Howard University, and Saint 
     Elizabeths Hospital.
       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. Seven days prior to public notice of each committee or 
     subcommittee hearing, the committee or subcommittee should 
     provide written notice to each member of the committee of 
     the time, place, and specific subject matter of such 
     hearing, accompanied by a list of those witnesses who have 
     been or are proposed to be invited to appear.
       3. 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

[[Page S2150]]

     written statements of witnesses twenty-four hours in advance 
     of a hearing. 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.


         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) two copies of each bill, joint resolution, or other 
     legislative matter (or committee print thereof) to be 
     considered at such executive session; and
       (b) two copies of a summary of the provisions of each bill, 
     joint resolution, or other legislative matter to be 
     considered at such executive session; and
       2. Three days prior to the scheduled date for an executive 
     session for the purpose of marking up bills, the committee or 
     subcommittee (as appropriate) should deliver to each of its 
     members two copies of a cordon print or an equivalent 
     explanation of changes of existing law proposed to be made by 
     each bill, joint resolution, or other legislative matter to 
     be considered at such executive session.
       3. Insofar as practical, prior to the scheduled date for an 
     executive session for the purpose of marking up bills, each 
     member of the committee or a subcommittee (as appropriate) 
     should provide to all other such members two written copies 
     of any amendment or a description of any amendment which that 
     member proposes to offer to each bill, joint resolution, or 
     other legislative matter to be considered at such executive 
     session.
       4. 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.


         committee reports, publications, and related documents

       Rule 16 of the committee rules requires that the minority 
     be given an opportunity to examine the proposed text of 
     committee reports prior to their filing and that the majority 
     be given an opportunity to examine the proposed text of 
     supplemental, minority, or additional views prior to their 
     filing. The views of all members of the committee should be 
     taken fully and fairly into account with respect to all 
     official documents filed or published by the committee. Thus, 
     consistent with the spirit of rule 16, the proposed text of 
     each committee report, hearing record, and other related 
     committee document or publication should be provided to the 
     chairman and ranking minority member of the committee and the 
     chairman and ranking minority member of the appropriate 
     subcommittee at least forty-eight hours prior to its filing 
     or publication.

                          ____________________