[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S839-S842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS RULES OF PROCEDURE
Mr. HARKIN. Mr. President, in accordance with Rule XXVI.2 of the
Standing Rules of the Senate, I ask unanimous consent to have printed
in the Record the rules of procedure for the Committee on Health,
Education, Labor, and Pensions, as unanimously adopted by the committee
on February 16, 2011.
There being no objection, the material was ordered to be printed in
the Record, as follows:
SENATE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS RULES OF
PROCEDURE
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. The
chairman may designate the ranking minority member to preside
at hearings of the committee or subcommittee.
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 a 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
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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 physically present.
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 matter 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 or executive session it
intends to hold at least one week prior to the commencement
of such hearing or executive session. In the case of an
executive session, the text of any bill or joint resolution
to be considered must be provided to the chairman for prompt
electronic distribution to the members of the committee.
Rule 9.--The committee or a subcommittee shall 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. Testimony may be filed electronically. 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 distribute to 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, along with a summary of the
proposed changes prepared by the sponsor of the bill or joint
resolution.
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 views, an appropriate
opportunity shall be given the majority to examine the
proposed text prior to filing or publication. Unless the
chairman and ranking minority member agree on a shorter
period of time, the minority shall have no fewer than three
business days to prepare supplemental, minority or additional
views for inclusion in a committee report from the time the
majority makes the proposed text of the committee report
available to the minority.
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 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.--When the ratio of members on the committee is
even, the term ``majority'' as used in the committee's rules
and guidelines shall refer to the party of the chairman for
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purposes of party identification. Numerical requirements for
quorums, votes and the like shall be unaffected.
Rule 21.--First degree amendments must be filed with the
chairman at least 24 hours before an executive session. The
chairman shall promptly distribute all filed amendments
electronically to the members of the committee. The chairman
may modify the filing requirements to meet special
circumstances with the concurrence of the ranking minority
member.
Rule 22.--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.
8. Domestic activities of the American National Red Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and Saint
Elizabeths Hospital.
11. Individuals with disabilities.
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. The expenses of the committee shall be paid
from the contingent fund of the Senate upon vouchers approved
by the chairman.
* * * * *
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. At least seven days prior to public notice of each
committee or subcommittee hearing, the majority should
provide notice to the minority of the time, place and
specific subject matter of such hearing.
3. At least three days prior to the date of such hearing,
the committee or subcommittee should provide to each member a
list of witnesses who have been or are proposed to be invited
to appear.
4. 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
written statements of witnesses twenty-four hours in advance
of a hearing. Witnesses will be urged to submit testimony
even earlier whenever possible. 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. Witness testimony may be submitted and
distributed electronically.
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) a copy of each bill, joint resolution, or other
legislative matter (or committee print thereof) to be
considered at such executive session; and
(b) a copy of a summary of the provisions of each bill,
joint resolution, or other legislative matter to be
considered at such executive session including, whenever
possible, an
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explanation of changes to existing law proposed to be made.
2. 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.
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