[Congressional Record Volume 147, Number 26 (Thursday, March 1, 2001)]
[Senate]
[Pages S1738-S1741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     RULES OF THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

  Mr. GRAMM. Mr. President, in accordance with Rule XXVI.2. of the 
Standing Rules of the Senate, I submit

[[Page S1739]]

for publication in the Record the rules of the Committee on Banking, 
Housing, and Urban Affairs, as unanimously adopted the committee this 
morning.
  I present these rules, as well as the text of a Memorandum of 
Understanding entered into by Senator Sarbanes, the ranking member of 
the committee, and myself, for inclusion in the Record. While the 
Memorandum of Understanding is not a part of the committee rules, it is 
a mutual statement of the manner in which the committee will conduct 
its affairs for the best interests of all of the members of the 
committee and of the Senate.
  I ask unanimous consent that the text of the committee rules and of 
the Memorandum of Understanding be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Rules of Procedure for the Committee on Banking, Housing, and Urban 
                                Affairs

             (Adopted in executive session, March 1, 2001)


              rule 1.--regular meeting date for committee

       The regular meeting day for the Committee to transact its 
     business shall be the last Tuesday in each month that the 
     Senate is in Session; except that if the Committee has met at 
     any time during the month prior to the last Tuesday of the 
     month, the regular meeting of the Committee may be canceled 
     at the discretion of the Chairman.


                           rule 2.--committee

       (a) Investigations.--No investigation shall be initiated by 
     the Committee unless the Senate, or the full Committee, or 
     the Chairman and Ranking Member have specifically authorized 
     such investigation.
       (b) Hearings.--No hearing of the Committee shall be 
     scheduled outside the District of Columbia except by 
     agreement between the Chairman of the Committee and the 
     Ranking Member of the Committee or by a majority vote of the 
     Committee.
       (c) Confidential testimony.--No confidential testimony 
     taken or confidential material presented at an executive 
     session of the Committee or any report of the proceedings of 
     such executive session shall be made public either in whole 
     or in part or by way of summary, unless specifically 
     authorized by the Chairman of the Committee and the Ranking 
     Member of the Committee or by a majority vote of the 
     Committee.
       (d) Interrogation of witnesses.--Committee interrogation of 
     a witness shall be conducted only by members of the Committee 
     or such professional staff as is authorized by the Chairman 
     or the Ranking Member of the Committee.
       (e) Prior notice of markup sessions.--No session of the 
     Committee or a Subcommittee for marking up any measure shall 
     be held unless (1) each member of the Committee or the 
     Subcommittee, as the case may be, has been notified in 
     writing of the date, time, and place of such session and has 
     been furnished a copy of the measure to be considered at 
     least 3 business days prior to the commencement of such 
     session, or (2) the Chairman of the Committee or Subcommittee 
     determines that exigent circumstances exist requiring that 
     the session be held sooner.
       (f) Prior notice of first degree amendments.--It shall not 
     be in order for the Committee or a Subcommittee to consider 
     any amendment in the first degree proposed to any measure 
     under consideration by the Committee or Subcommittee unless 
     fifty written copies of such amendment have been delivered to 
     the office of the Committee at least 2 business days prior to 
     the meeting. It shall be in order, without prior notice, for 
     a Senator to offer a motion to strike a single section of any 
     measure under consideration. Such a motion to strike a 
     section of the measure under consideration by the Committee 
     or Subcommittee shall not be amendable. This section may 
     be waived by a majority of the members of the Committee or 
     Subcommittee voting, or by agreement of the Chairman and 
     Ranking Member. This subsection shall apply only when the 
     conditions of subsection (e)(1) have been met.
       (g) Cordon rule.--Whenever a bill or joint resolution 
     repealing or amending any statute or part thereof shall be 
     before the Committee or Subcommittee, from initial 
     consideration in hearings through 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 repealed showing by stricken-through 
     type, the part or parts to be omitted, and in italics, the 
     matter proposed to be added. In addition, whenever a member 
     of the Committee or Subcommittee offers an amendment to a 
     bill or joint resolution under consideration, those 
     amendments shall be presented to the Committee or 
     Subcommittee in a like form, showing by typographical devices 
     the effect of the proposed amendment on existing law. The 
     requirements of this subsection may be waived when, in the 
     opinion of the Committee or Subcommittee Chairman, it is 
     necessary to expedite the business of the Committee or 
     Subcommittee.


                         rule 3.--subcommittees

       (a) Authorization for.--A Subcommittee of the Committee may 
     be authorized only by the action of a majority of the 
     Committee.
       (b) Membership.--No member may be a member of more than 
     three Subcommittees and no member may chair more than one 
     Subcommittee. No member will receive assignments to a second 
     Subcommittee until, in order of seniority, all members of the 
     Committee have chosen assignments to one Subcommittee, and no 
     member shall receive assignment to a third Subcommittee 
     until, in order of seniority, all members have chosen 
     assignments to two Subcommittees.
       (c) Investigations.--No investigation shall be initiated by 
     a Subcommittee unless the Senate or the full Committee has 
     specifically authorized such investigation.
       (d) Hearings.--No hearing of a Subcommittee shall be 
     scheduled outside the District of Columbia without prior 
     consultation with the Chairman and then only by agreement 
     between the Chairman of the Subcommittee and the Ranking 
     Member of the Subcommittee or by a majority vote of the 
     Subcommittee.
       (e) Confidential testimony.--No confidential testimony 
     taken or confidential material presented at an executive 
     session of the Subcommittee or any report of the proceedings 
     of such executive session shall be made public, either in 
     whole or in part or by way of summary, unless specifically 
     authorized by the Chairman of the Subcommittee and the 
     Ranking Member of the Subcommittee, or by a majority vote of 
     the Subcommittee.
       (f) Interrogation of witnesses.--Subcommittee interrogation 
     of a witness shall be conducted only by members of the 
     Subcommittee or such professional staff as is authorized by 
     the Chairman or the Ranking Member of the Subcommittee.
       (g) Special meetings.--If at least three members of a 
     Subcommittee desire that a special meeting of the 
     Subcommittee be called by the Chairman of the Subcommittee, 
     those members may file in the offices of the Committee their 
     written request to the Chairman of the Subcommittee for that 
     special meeting. Immediately upon the filing of the request, 
     the Clerk of the Committee shall notify the Chairman of the 
     Subcommittee of the filing of the request. If, within 3 
     calendar days after the filing of the request, the Chairman 
     of the Subcommittee does not call the requested special 
     meeting, to be held within 7 calendar days after the filing 
     of the request, a majority of the members of the Subcommittee 
     may file in the offices of the Committee their written notice 
     that a special meeting of the Subcommittee will be held, 
     specifying the date and hour of that special meeting. The 
     Subcommittee shall meet on that date and hour. Immediately 
     upon the filing of the notice, the Clerk of the Committee 
     shall notify all members of the Subcommittee that such 
     special meeting will be held and inform them of its date and 
     hour. If the Chairman of the Subcommittee is not present at 
     any regular or special meeting of the Subcommittee, the 
     Ranking Member of the majority party on the Subcommittee who 
     is present shall preside at that meeting.
       (h) Voting.--No measure or matter shall be recommended from 
     a Subcommittee to the Committee unless a majority of the 
     Subcommittee are actually present. The vote of the 
     Subcommittee to recommend a measure or matter to the 
     Committee shall require the concurrence of a majority of the 
     members of the Subcommittee voting. On Subcommittee matters 
     other than a vote to recommend a measure or matter to the 
     Committee no record vote shall be taken unless a majority of 
     the Subcommittee is actual present. Any absent member of a 
     Subcommittee may affirmatively request that his or her vote 
     to recommend a measure or matter to the Committee or his vote 
     on any such other matters on which a record vote is taken, be 
     cast by proxy. The proxy shall be in writing and shall be 
     sufficiently clear to identify the subject matter and to 
     inform the Subcommittee as to how the member wishes his or 
     her vote to be recorded thereon. By written notice to the 
     Chairman of the Subcommittee any time before the record vote 
     on the measure or matter concerned is taken, the member may 
     withdraw a proxy previously given. All proxies shall be kept 
     in the files of the Committee.


                           rule 4.--witnesses

       (a) Filing of statements.--Any witness appearing before the 
     Committee or Subcommittee (including any witness representing 
     a Government agency) must file with the Committee or 
     Subcommittee (24 hours preceding his or her appearance) 75 
     copies of his or her statement to the Committee or 
     Subcommittee, and the statement must include a brief summary 
     of the testimony. In the event that the witness fails to file 
     a written statement and brief summary in accordance with this 
     rule, the Chairman of the Committee or Subcommittee has the 
     discretion to deny the witness the privilege of testifying 
     before the Committee or Subcommittee until the witness has 
     properly complied with the rule.
       (b) Length of statements.--Written statements properly 
     filed with the Committee or Subcommittee may be as lengthy as 
     the witness desires and may contain such documents or other 
     addenda as the witness feels is necessary to present properly 
     his or her views to the Committee or Subcommittee. The brief 
     summary included in the statement must be no more than 3 
     pages long. It shall be left to the discretion of the 
     Chairman of the Committee or Subcommittee as to what portion 
     of the documents presented

[[Page S1740]]

     to the Committee or Subcommittee shall be published in the 
     printed transcript of the hearings.
       (c) Ten-minute duration.--Oral statements of witnesses 
     shall be based upon their filed statements but shall be 
     limited to 10 minutes duration. This period may be limited or 
     extended at the discretion of the Chairman presiding at the 
     hearings.
       (d) Subpoena of witnesses.--Witnesses may be subpoenaed by 
     the Chairman of the Committee or a Subcommittee with the 
     agreement of the Ranking Member of the Committee or 
     Subcommittee or by a majority vote of the Committee or 
     Subcommittee.
       (e) Counsel permitted.--Any witness subpoenaed by the 
     Committee or Subcommittee to a public or executive hearing 
     may be accompanied by counsel of his or her own choosing who 
     shall be permitted, while the witness is testifying, to 
     advise him or her of his or her legal rights.
       (f) Expenses of witnesses.--No witness shall be reimbursed 
     for his or her appearance at a public or executive hearing 
     before the Committee or Subcommittee unless such 
     reimbursement is agreed to by the Chairman and Ranking Member 
     of the Committee.
       (g) Limits of questions.--Questioning of a witness by 
     members shall be limited to 5 minutes duration when 5 or more 
     members are present and 10 minutes duration when less than 5 
     members are present, except that if a member is unable to 
     finish his or her questioning in this period, he or she may 
     be permitted further questions of the witness after all 
     members have been given an opportunity to question the 
     witness.
       Additional opportunity to question a witness shall be 
     limited to a duration of 5 minutes until all members have 
     been given the opportunity of questioning the witness for a 
     second time. This 5-minute period per member will be 
     continued until all members have exhausted their questions of 
     the witness.


                            rule 5.--voting

       (a) Vote to report a measure or matter.--No measure or 
     matter shall be reported from the Committee unless a majority 
     of the Committee is actually present. The vote of the 
     Committee to report a measure or matter shall require the 
     concurrence of a majority of the members of the Committee who 
     are present.
       Any absent member may affirmatively request that his or her 
     vote to report a matter be cast by proxy. The proxy shall be 
     sufficiently clear to identify the subject matter, and to 
     inform the Committee as to how the member wishes his vote to 
     be recorded thereon. By written notice to the Chairman any 
     time before the record vote on the measure or matter 
     concerned is taken, any member may withdraw a proxy 
     previously given. All proxies shall be kept in the files of 
     the Committee, along with the record of the rollcall vote of 
     the members present and voting, as an official record of the 
     vote on the measure or matter.
       (b) Vote on matters other than to report a measure or 
     matter.--On Committee matters other than a vote to report a 
     measure or matter, no record vote shall be taken unless a 
     majority of the Committee are actually present. On any such 
     other matter, a member of the Committee may request that his 
     or her vote may be cast by proxy. The proxy shall be in 
     writing and shall be sufficiently clear to identify the 
     subject matter, and to inform the Committee as to how the 
     member wishes his or her vote to be recorded thereon. By 
     written notice to the Chairman anytime before the vote on 
     such other matter is taken, the member may withdraw a proxy 
     previously given. All proxies relating to such other matters 
     shall be kept in the files of the Committee.


                            rule 6.--quorum

       No executive session of the Committee or a Subcommittee 
     shall be called to order unless a majority of the Committee 
     or Subcommittee, as the case may be, are actually present. 
     Unless the Committee otherwise provides or is required by the 
     Rules of the Senate, one member shall constitute a quorum for 
     the receipt of evidence, the swearing in of witnesses, and 
     the taking of testimony.


                     rule 7.--staff present on dais

       Only members and the Clerk of the Committee shall be 
     permitted on the dais during public or executive hearings, 
     except that a member may have one staff person accompanying 
     him or her during such public or executive hearing on the 
     dais. If a member desires a second staff person to accompany 
     him or her on the dais he or she must make a request to the 
     Chairman for that purpose.


                      rule 8.--coinage legislation

       At least 67 Senators must cosponsor any gold medal or 
     commemorative coin bill or resolution before consideration by 
     the Committee.

             Extracts 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:

                           *   *   *   *   *

       (d)(1) Committee on Banking, Housing, and Urban Affairs, to 
     which committee shall be referred all proposed legislation, 
     messages, petitions, memorials, and other matters relating to 
     the following subjects:
       1. Banks, banking, and financial institutions.
       2. Control of prices of commodities, rents, and services.
       3. Deposit insurance.
       4. Economic stabilization and defense production.
       5. Export and foreign trade promotion.
       6. Export controls.
       7. Federal monetary policy, including Federal Reserve 
     System.
       8. Financial aid to commerce and industry.
       9. Issuance and redemption of notes.
       10. Money and credit, including currency and coinage.
       11. Nursing home construction.
       12. Public and private housing (including veterans' 
     housing).
       13. Renegotiation of Government contracts.
       14. Urban development and urban mass transit.
       (2) Such committee shall also study and review, on a 
     comprehensive basis, matters relating to international 
     economic policy as it affects United States monetary affairs, 
     credit, and financial institutions; economic growth, urban 
     affairs, and credit, and report thereon from time to time.

             Committee Procedures for Presidential Nominees

       Procedures formally adopted by the U.S. Senate Committee on 
     Banking, Housing, and Urban Affairs, February 4, 1981, 
     establish a uniform questionnaire for all Presidential 
     nominees whose confirmation hearings come before this 
     Committee.
       In addition, the procedures establish that:
       (1) A confirmation hearing shall normally be held at least 
     5 days after receipt of the completed questionnaire by the 
     Committee unless waived by a majority vote of the Committee.
       (2) The Committee shall vote on the confirmation not less 
     than 24 hours after the Committee has received transcripts of 
     the hearing unless waived by unanimous consent.
       (3) All nominees routinely shall testify under oath at 
     their confirmation hearings.
       This questionnaire shall be made a part of the public 
     record except for financial information, which shall be kept 
     confidential.
       Nominees are requested to answer all questions, and to add 
     additional pages where necessary.

    Committee on Banking, Housing, and Urban Affairs--Memorandum of 
                             Understanding

                          (February 28, 2001)

       This memorializes the understanding between Senators Gramm 
     and Sarbanes regarding budget, staffing, organizational, and 
     procedural matters affecting the Committee on Banking, 
     Housing, and Urban Affairs during the 107th Congress while 
     the Republicans and Democrats each have 50 members in the 
     Senate, except that the points regarding budget/funding and 
     the equal division of office space shall apply for the 
     duration of the 107th Congress.


                               I. Funding

       A. Staff funding will be divided in equal portions for 
     Republicans and Democrats. This will be achieved by 
     increasing the funding allocation available for the Democrats 
     to the level equal to that which has been available for 
     Republican staff.
       B. The funding for non-designated staff (the Chief Clerk, 
     the Deputy Chief Clerk, the Editor, and the front office 
     staff) would continue to be provided equally from funds 
     allocated to both Republicans and Democrats, as has been the 
     customary practice for the committee.
       C. Additional funds for administrative expenses will be 
     divided equally.


                            II. Office Space

       Office space will be divided in equal portions for staff 
     for Republicans and Democrats, not counting the space 
     allocated for non-designated staff and the hearing room and 
     the anteroom to the hearing room.


                     III. Subcommittee Organization

       Subcommittees will be organized with regard to 
     jurisdiction, leadership, and membership, as agreed to by 
     vote of the Committee in accordance with Committee rules (see 
     attached).


                             IV. Procedures

     A. Witnesses at committee and subcommittee hearings
       1. Every effort will be made to work cooperatively in the 
     identification of witnesses for each hearing. Republicans and 
     Democrats will be allowed to identify equal numbers of 
     witnesses (not counting administration or government agency 
     witnesses, or presidential nominees), both for full committee 
     hearings or any subcommittee hearings, and the Chairman of 
     the Committee or subcommittee holding the hearing will, 
     accordingly, issue invitations to all witnesses in a timely 
     fashion so as to meet the requirements of Senate rules to 
     give public notice of hearings at least one week prior to the 
     holding of the hearing.
       2. In keeping with this understanding, the general 
     intention will be to keep the number of witnesses invited to 
     a level that can be comfortably accommodated in a single 
     hearing, including equal division of witnesses at each 
     hearing, recognizing that circumstances may sometimes arise 
     where an additional day or days of hearings would be 
     advisable.
     B. Hearing topics
       1. The specific topics of hearings, both for the Committee 
     and for subcommittees, will

[[Page S1741]]

     be developed by the respective Committee or Subcommittee 
     Chairman in consultation with the appropriate Ranking Member.
       2. The topic of two hearings per month (either at the full 
     Committee or subcommittee level) may be designated by the 
     Ranking Member of the Committee, in consultation with the 
     Chairman of the Committee and relevant subcommittee, and such 
     designation will be made in a timely fashion so as to meet 
     the needs for scheduling, adequate notice of the hearing, and 
     identification of witnesses.
       3. Point 2 will not apply to any matter that could be 
     placed on the Executive Calendar of the Senate, such as 
     nominations and treaties.
     C. Agenda of committee business meetings
       The agenda for business meetings of the Committee, or of 
     any subcommittee, will be developed by the Chairman in 
     consultation with the appropriate Ranking Member.

                          ____________________