[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

[[Page S840]]

     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

[[Page S841]]

     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

[[Page S842]]

     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.

                          ____________________