[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S425-S426]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                RULES OF PROCEDURE, COMMITTEE ON FINANCE

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Rules 
for the Committee on Finance, for the 109th Congress, be printed in the 
Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                          COMMITTEE ON FINANCE

                         I. RULES OF PROCEDURE

                       (Adopted January 25, 2005)

       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

[[Page S426]]

     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.--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.
       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) Because the Senate is constitutionally prohibited from 
     passing revenue legislation originating in the Senate, 
     subcommittees may mark up legislation originating in the 
     Senate and referred to them under Rule 16(a) to develop 
     specific proposals for full committee consideration but may 
     not report such legislation to the full committee. The 
     preceding sentence does not apply to nonrevenue legislation 
     originating in the Senate.
       (f) 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.
       (g) Any member of the committee may attend hearings held by 
     any subcommittee and question witnesses testifying before 
     that subcommittee.
       (h) Subcommittee meeting times shall be coordinated by the 
     staff director to insure 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.
       (i) All nominations shall be considered by the full 
     committee.
       (j) 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. This record, 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. 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.

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