[Congressional Record Volume 151, Number 15 (Monday, February 14, 2005)]
[Senate]
[Pages S1336-S1337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            RULES OF PROCEDURE--COMMITTEE ON INDIAN AFFAIRS

  Mr. McCAIN. 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 not later than March 
1 of the first year of each Congress. On January 26, 2005, the 
Committee on Indian Affairs 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 ask unanimous consent to print in the Record the rules of the Senate 
Committee on Indian Affairs.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                RULES OF THE COMMITTEE ON INDIAN AFFAIRS

       Rule 1. The Standing Rules of the Senate, Senate Resolution 
     4, and the provisions of the Legislative Reorganization Act 
     of 1946, as amended by the Legislative Reorganization Act of 
     1970, to the extent the provisions of such Act are applicable 
     to the Committee on Indian Affairs and supplemented by these 
     rules, are adopted as the rules of the Committee.


                       MEETINGS OF THE COMMITTEE

       Rule 2. The Committee shall meet on the first Tuesday of 
     each month while the Congress is in session for the purpose 
     of conducting business, unless for the convenience of the 
     Members, the Chairman shall set some other day for a meeting. 
     Additional meetings may be called by the Chairman as he may 
     deem necessary.


                       OPEN HEARINGS AND MEETINGS

       Rule 3. Hearings and business meetings of the Committee 
     shall be open to the public

[[Page S1337]]

     except when the Chairman by a majority vote orders a closed 
     hearing or meeting.


                           HEARING PROCEDURE

       Rule 4(a). Public notice shall be given of the date, place 
     and subject matter of any hearing to be held by the Committee 
     at least one week in advance of such hearing unless the 
     Chairman of the Committee determines that the hearing is 
     noncontroversial or that special circumstances require 
     expedited procedures and a majority of the Committee involved 
     concurs. In no case shall a hearing be conducted with less 
     than 24 hours notice.
       (b). Each witness who is to appear before the Committee 
     shall file with the Committee, at least 72 hours in advance 
     of the hearing, an original, printed version of his or her 
     written testimony. In addition, each witness shall provide an 
     electronic copy of the testimony on a computer disk formatted 
     and suitable for use by the Committee. Further, each witness 
     is required to submit by way of electronic mail, one copy of 
     his or her testimony in a format determined by the Committee 
     and sent to an electronic mail addres specified by the 
     Committee.
       (c). Each member shall be limited to five (5) minutes in 
     questioning of any witness until such times as all Members 
     who so desire have had an opportunity to question the witness 
     unless the Committee shall decide otherwise.
       (d). The Chairman and Vice Chairman or the ranking Majority 
     and Minority Members present at the hearing may each appoint 
     one Committee staff member to question each witness. Such 
     staff member may question the witness only after all Members 
     present have completed their questioning of the witness or at 
     such time as the Chairman and Vice Chairman or the Ranking 
     Majority and Minority Members present may agree.


                        BUSINESS MEETING AGENDA

       Rule 5(a). A legislative measure or subject shall be 
     included in the agenda of the next following business meeting 
     of the Committee if a written request by a Member for such 
     information has been filed with the Chairman of the Committee 
     at least one week prior to such meeting. Nothing in this rule 
     shall be construed to limit the authority of the Chairman of 
     the Committee to include legislative measures or subject on 
     the Committee agenda in the absence of such request.
       (b). Notice of, and the agenda for, any business meeting of 
     the Committee shall be provided to each Member and made 
     available to the public at least two days prior to such 
     meeting, and no new items may be added after the agenda is 
     published except by the approval of a majority of the Members 
     of the Committee. The notice and agenda of any business 
     meeting may be provided to the Members by electronic mail, 
     provided that a paper copy will be provided to any Member 
     upon request. The Clerk shall promptly notify absent members 
     of any action taken by the Committee on matters not included 
     in the published agenda.


                                 QUORUM

       Rule 6(a). Except as provided in subsections (b) and (c), a 
     majority of the Members shall constitute a quorum for the 
     transaction of business of the Committee. Consistent with 
     Senate rules, a quorum is presumed to be present unless the 
     absence of a quorum is noted by a Member.
       (b). A measure may be ordered reported from the Committee 
     unless an objection is made by a Member, in which case a 
     recorded vote of the Members shall be required.
       (c). One Member shall constitute a quorum for the purpose 
     of conducting a hearing or taking testimony on any measure 
     before the Committee.


                                 VOTING

       Rule 7(a). A Recorded vote of the Members shall be taken 
     upon the request of any Member.
       (b). Proxy voting shall be permitted on all matters, except 
     that proxies may not be counted for the purpose of 
     determining the presence of a quorum. Unless further 
     limited, a proxy shall be exercised only for the date for 
     which it is given and upon the terms published in the 
     agenda for that date.


                sworn testimony and financial statements

       Rule 8. Witnesses in Committee hearings may be required to 
     give testimony under oath whenever the Chairman or Vice 
     Chairman of the Committee deems it to be necessary. At any 
     hearing to confirm a Presidential nomination, the testimony 
     of the nominee, and at the request of any Member, any other 
     witness, shall be under oath.
       Every nominee shall submit a financial statement, on forms 
     to be perfected by the Committee, which shall be sworn to by 
     the nominee as to its completeness and accuracy. All such 
     statements shall be made public by the Committee unless the 
     Committee, in executive session, determines that special 
     circumstances require a full or partial exception to this 
     rule. Members of the Committee are urged to make public a 
     complete disclosure of their financial interests on forms to 
     be perfected by the Committee in the manner required in the 
     case of Presidential nominees.


                         confidential testimony

       Rule 9. No confidential testimony taken by, or confidential 
     material presented to the Committee or any report of the 
     proceedings of a closed Committee hearing or business meeting 
     shall be made public in whole or in part by way of summary, 
     unless authorized by a majority of the Members of the 
     Committee at a business meeting called for the purpose of 
     making such a determination.


                         defamatory statements

       Rule 10. Any person whose name is mentioned or who is 
     specifically identified in, or who believes that testimony or 
     other evidence presented at, an open Committee hearing tends 
     to defame him or her or otherwise adversely affect his or her 
     reputation may file with the Committee for its consideration 
     and action a sworn statement of facts relevant to such 
     testimony of evidence.


                  broadcasting or hearings or meetings

       Rule 11. Any meeting or hearing by the Committee which is 
     open to the public may be covered in whole or in part by 
     television, radio broadcast, or still photography. 
     Photographers and reporters using mechanical recording, 
     filming, or broadcasting devices shall position their 
     equipment so as not to interfere with the sight, vision, and 
     hearing of Members and staff on the dais or with the orderly 
     process of the meeting or hearing.


                         authorizing subpoenas

       Rule 12. The Chairman may, with the agreement of the Vice 
     Chairman, or the Committee may, by majority vote, authorize 
     the issuance of subpoenas.


                           amending the rules

       Rule 13. These rules may be amended only by a vote of a 
     majority of all the Members of the Committee in a business 
     meeting of the Committee; Provided, that no vote may be taken 
     on any proposed amendment unless such amendment is reproduced 
     in full in the Committee agenda for such meeting at least 
     seven (7) days in advance of such meeting.

  Mr. BENNETT. Mr. President, I am proud to join the Senator from 
Vermont today introduce the Artist-Museum Partnership Act. He and I 
have introduced this legislation in the past, and we hope that our 
colleagues will see this bill for what it is: a reasonable solution to 
an unintentional inequity in our tax code.
  This legislation would allow living artist to deduct the fair-market 
value of their art work when they contribute their work to museums or 
other public institutions. As the tax code is currently written, art 
collectors are able to deduct the fair market value of any piece of art 
they donate to a museum. However, if the artist who created that same 
piece of work were to donate it, he or she would only be able to deduct 
the material cost of the work, which may be nothing more than a canvas, 
a tube of paint, and a wooden frame. Thus, there exists a disincentive 
for artists to donate their work to museums. The solution is simple: 
treat collectors and artists the same way. This bill would do just 
that.
  Certainly, this bill would benefit artists, but more importantly, the 
beneficiaries would be the museums that would receive the art work and 
the general public who would be able to view it in a timely manner. 
This change in the tax code would increase the number of original 
pieces donated to public institutions, giving scholars greater access 
to an artist's work during the lifetime of that artist, as well as 
provide for an increase in the public display of such work.
  I would like to thank Senator Leahy for his work on this bill. I urge 
my colleagues to support this common-sense legislation. The fiscal 
impact of the Artist-Museum Partnership Act on the federal budget would 
be minimal, but the benefit to our nation's cultural and artistic 
heritage cannot be overstated. This minor correction to the tax code is 
long overdue, and the Senate should act on this legislation to remedy 
the problem.

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