[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S849-S850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION RULES OF PROCEDURE
Mr. ROCKEFELLER. Mr. President, the Committee on Commerce, Science,
and Transportation adopted rules governing its procedures for the 112th
Congress earlier today. Pursuant to Rule XXVI, paragraph 2, of the
Standing Rules of the Senate, I ask unanimous consent that the
accompanying rules from the Senate Committee on Commerce, Science, and
Transportation be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
RULES OF THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
112th Congress
RULE I--MEETINGS OF THE COMMITTEE
1. In General.--The regular meeting dates of the Committee
shall be the first and third Tuesdays of each month.
Additional meetings may be called by the Chairman as the
Chairman may deem necessary, or pursuant to the provisions of
paragraph 3 of rule XXVI of the Standing Rules of the Senate.
2. Open Meetings.--Meetings of the Committee, or any
subcommittee, including meetings to conduct hearings, shall
be open to the public, except that a meeting or series of
meetings by the Committee, or any subcommittee, on the same
subject for a period of no more than 14 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 subparagraphs (A) through (F) 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 any
subcommittee, when it is determined that the matter to be
discussed or the testimony to be taken at such meeting or
meetings--
(A) 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;
(B) will relate solely to matters of Committee staff
personnel or internal staff management or procedure;
(C) 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;
(D) 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 interest of
effective law enforcement;
(E) will disclose information relating to the trade secrets
of, or financial or commercial information pertaining
specifically to, a given person if--
(1) an Act of Congress requires the information to be kept
confidential by Government officers and employees; or
(2) 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
(F) may divulge matters required to be kept confidential
under other provisions of law or Government regulations.
3. Statements.--Each witness who is to appear before the
Committee or any subcommittee shall file with the Committee,
at least 24 hours in advance of the hearing, a written
statement of the witness's testimony in as many copies as the
Chairman of the Committee or subcommittee prescribes.
4. Field Hearings.--Field hearings of the full Committee,
and any subcommittee thereof, shall be scheduled only when
authorized by the Chairman and ranking minority member of the
full Committee.
RULE II--QUORUMS
1. Bills, Resolutions, and Nominations.--A majority of the
members, which includes at least 1 minority member, shall
constitute a quorum for official action of the Committee when
reporting a bill, resolution, or nomination. Proxies may not
be counted in making a quorum for purposes of this paragraph.
2. Other Business.--Eight members shall constitute a quorum
for the transaction of all business as may be considered by
the Committee, except for the reporting of a bill,
resolution, or nomination or authorizing a subpoena. Proxies
may not be counted in making a quorum for purposes of this
paragraph.
3. Taking Testimony.--For the purpose of taking sworn
testimony a quorum of the Committee and each subcommittee
thereof, now or hereafter appointed, shall consist of 1
Senator.
RULE III--PROXIES
When a record vote is taken in the Committee on any bill,
resolution, amendment, or any other question, the required
quorum being present, a member who is unable to attend the
meeting may submit his or her vote by proxy, in writing or by
telephone, or through personal instructions.
RULE IV--CONSIDERATION OF BILLS AND RESOLUTIONS
It shall not be in order during a meeting of the Committee
to move to proceed to the consideration of any bill or
resolution unless the bill or resolution has been filed with
the Clerk of the Committee not less than 48 hours in advance
of the Committee meeting, in as many copies as the Chairman
of the Committee prescribes. This rule may be waived with the
concurrence of the Chairman and the ranking minority member
of the full Committee.
RULE V--SUBPOENAS; COUNSEL; RECORD
1. Subpoenas.--The Chairman, with the approval of the
ranking minority member of the Committee, may subpoena the
attendance of witnesses for hearings and the production of
memoranda, documents, records, or any other materials. The
Chairman may subpoena such attendance of witnesses or
production of materials without the approval of the ranking
minority member if the Chairman or a member of the Committee
staff designated by the Chairman has not received
notification from the ranking minority member or a member of
the Committee staff designated by the ranking minority member
of disapproval of the subpoena within 72 hours, excluding
Saturdays and Sundays, of being notified of the subpoena. If
a subpoena is disapproved by the ranking minority member as
provided in this paragraph, the subpoena may be authorized by
vote of the Members of the Committee, the quorum required by
paragraph 1 of rule II being present. When the Committee or
Chairman authorizes a subpoena, it shall be issued upon the
signature of the Chairman or any other Member of the
Committee designated by the Chairman. At the direction of the
Chairman, with notification to the ranking minority member of
not less than 72 hours, the staff is authorized to take
depositions from witnesses. The ranking minority member, or a
member of the Committee staff designated by the ranking
minority member, shall be given the opportunity to attend and
participate in the taking of any deposition. Witnesses at
depositions shall be examined upon oath administered by an
individual authorized by law to administer oaths, or
administered by any member of the Committee if one is
present.
2. Counsel.--Witnesses may be accompanied at a public or
executive hearing, or the taking of a deposition, by counsel
to advise them of their rights. Counsel retained by any
witness and accompanying such witness shall be permitted to
be present during the testimony of the witness at any public
or executive hearing, or the taking of a deposition, to
advise the witness, while the witness is testifying, of the
witness's legal rights. In the case of any witness who is an
officer or employee of the government, or of a corporation or
association, the Chairman may rule that representation by
counsel from the government, corporation, or association or
by counsel representing other witnesses, creates a conflict
of interest, and that the witness may only be represented
during testimony before the Committee by personal counsel not
from the government, corporation, or association or by
personal counsel not representing other witnesses. This
subparagraph shall not be construed to excuse a witness from
testifying in the event the witness's counsel is ejected for
conducting himself or herself in such manner as to prevent,
impede, disrupt, obstruct, or interfere with the orderly
administration of a hearing or the taking of a deposition.
This subparagraph may not be construed as authorizing counsel
to coach the witness or to answer for the witness. The
failure of any witness to secure counsel shall not excuse the
witness from complying with a subpoena.
3. Record.--An accurate electronic or stenographic record
shall be kept of the testimony of all witnesses in executive
and public hearings and depositions. If testimony given by
deposition is transcribed, the individual administering the
oath shall certify on the transcript that the witness was
duly sworn in his or her presence and the transcriber shall
certify that the transcript is a true record of the
testimony. The transcript with these certifications shall be
filed with the chief clerk of the Committee. The record of a
witness's testimony, whether in public or executive session
or in a deposition, shall be made available for inspection by
the witness or the witness's counsel under Committee
supervision. A copy of any testimony given in public session,
or that part of the testimony given by the witness in
executive session or deposition and subsequently quoted or
made part of the record in a public session, shall be
provided to that witness at the witness's expense if so
requested. Upon inspecting the transcript, within a time
limit set by the Clerk of the Committee, a witness may
request changes in the transcript to correct errors of
transcription and grammatical errors. The witness may also
bring to the attention of the Committee errors of fact in the
witness's testimony by submitting a sworn statement about
those facts with a request that it be attached to the
transcript.
[[Page S850]]
The Chairman or a member of the Committee staff designated by
the Chairman shall rule on such requests.
RULE VI--BROADCASTING OF HEARINGS
Public hearings of the full Committee, or any subcommittee
thereof, shall be televised or broadcast only when authorized
by the Chairman and the ranking minority member of the full
Committee.
RULE VII--SUBCOMMITTEES
1. Hearings.--Any member of the Committee may sit with any
subcommittee during its hearings.
2. Change of Chairmanship.--Subcommittees shall be
considered de novo whenever there is a change in the
chairmanship, and seniority on the particular subcommittee
shall not necessarily apply.
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