[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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