Congressional Record, Volume 157 Issue 26 (Thursday, February 17, 2011)

[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S853-S855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS RULES OF PROCEDURE

Mr. JOHNSON. Mr. President, today the Committee on Banking, Housing,
and Urban Affairs adopted rules of procedure for the 112th Congress. I
ask unanimous consent that the rules of procedure be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

RULES OF PROCEDURE FOR THE COMMITTEE ON BANKING, HOUSING, AND URBAN
AFFAIRS

Rule 1--Regular Meeting Date for Committee

The regular meeting day for the Committee to transact its
business shall be the last Tuesday in each month that the
Senate is in Session; except that if the Committee has met at
any time during the month prior to the last Tuesday of the
month, the regular meeting of the Committee may be canceled
at the discretion of the Chairman.

Rule 2--Committee

[a] Investigations.--No investigation shall be initiated by
the Committee unless the Senate, or the full Committee, or
the Chairman and Ranking Member have specifically authorized
such investigation.
[b] Hearings.--No hearing of the Committee shall be
scheduled outside the District of Columbia except by
agreement between the Chairman of the Committee and the
Ranking Member of the Committee or by a majority vote of the
Committee.
[c] Confidential testimony.--No confidential testimony
taken or confidential material presented at an executive
session of the Committee or any report of the proceedings of
such executive session shall be made public either in whole
or in part or by way of summary, unless specifically
authorized by the Chairman of the Committee and the Ranking
Member of the Committee or by a majority vote of the
Committee.
[d] Interrogation of witnesses.--Committee interrogation of
a witness shall be conducted only by members of the Committee
or such professional staff as is authorized by the Chairman
or the Ranking Member of the Committee.
[e] Prior notice of markup sessions.--No session of the
Committee or a Subcommittee for marking up any measure shall
be held unless [1] each member of the Committee or the
Subcommittee, as the case may be, has been notified in
writing via electronic mail or paper mail of the date, time,
and place of such session and has been furnished a copy of
the measure to be considered, in a searchable electronic
format, at least 3 business days prior to the commencement of
such session, or [2] the Chairman of the Committee or
Subcommittee determines that exigent circumstances exist
requiring that the session be held sooner.
[f] Prior notice of first degree amendments.--It shall not
be in order for the Committee or a Subcommittee to consider
any amendment in the first degree proposed to any measure
under consideration by the Committee or Subcommittee unless
fifty written copies of such amendment have been delivered to
the office of the Committee at least 2 business days prior to
the meeting. It shall be in order, without prior notice, for
a Senator to offer a motion to strike a single section of any
measure under consideration. Such a motion to strike a
section of the measure under consideration by the Committee
or Subcommittee shall not be amendable. This section may be
waived by a majority of the members of the Committee or
Subcommittee voting, or by agreement of the Chairman and
Ranking Member. This subsection shall apply only when the
conditions of subsection [e][1] have been met.
[g] Cordon rule.--Whenever a bill or joint resolution
repealing or amending any statute or part thereof shall be
before the Committee or Subcommittee, from initial
consideration in hearings through final consideration, the
Clerk shall place before each member of the Committee or
Subcommittee a print of the statute or the part or section
thereof to be amended or repealed showing by stricken-through
type, the part or parts to be omitted, and in italics, the
matter proposed to be added. In addition, whenever a member
of the Committee or Subcommittee offers an amendment to a
bill or joint resolution under consideration, those
amendments shall be presented to the Committee or
Subcommittee in a like form, showing by typographical devices
the effect of the proposed amendment on existing law. The
requirements of this subsection may be waived when, in the
opinion of the Committee or Subcommittee Chairman, it is
necessary to expedite the business of the Committee or
Subcommittee.

Rule 3.--Subcommittees

[a] Authorization for.--A Subcommittee of the Committee may
be authorized only by the action of a majority of the
Committee.
[b] Membership. No member may be a member of more than
three Subcommittees and no member may chair more than one

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Subcommittee. No member will receive assignment to a second
Subcommittee until, in order of seniority, all members of the
Committee have chosen assignments to one Subcommittee, and no
member shall receive assignment to a third Subcommittee
until, in order of seniority, all members have chosen
assignments to two Subcommittees.
[c] Investigations.--No investigation shall be initiated by
a Subcommittee unless the Senate or the full Committee has
specifically authorized such investigation.
[d] Hearings.--No hearing of a Subcommittee shall be
scheduled outside the District of Columbia without prior
consultation with the Chairman and then only by agreement
between the Chairman of the Subcommittee and the Ranking
Member of the Subcommittee or by a majority vote of the
Subcommittee.
[e] Confidential testimony.--No confidential testimony
taken or confidential material presented at an executive
session of the Subcommittee or any report of the proceedings
of such executive session shall be made public, either in
whole or in part or by way of summary, unless specifically
authorized by the Chairman of the Subcommittee and the
Ranking Member of the Subcommittee, or by a majority vote of
the Subcommittee.
[f] Interrogation of witnesses.--Subcommittee interrogation
of a witness shall be conducted only by members of the
Subcommittee or such professional staff as is authorized by
the Chairman or the Ranking Member of the Subcommittee.
[g] Special meetings.--If at least three members of a
Subcommittee desire that a special meeting of the
Subcommittee be called by the Chairman of the Subcommittee,
those members may file in the offices of the Committee their
written request to the Chairman of the Subcommittee for that
special meeting. Immediately upon the filing of the request,
the Clerk of the Committee shall notify the Chairman of the
Subcommittee of the filing of the request. If, within 3
calendar days after the filing of the request, the Chairman
of the Subcommittee does not call the requested special
meeting, to be held within 7 calendar days after the filing
of the request, a majority of the members of the Subcommittee
may file in the offices of the Committee their written notice
that a special meeting of the Subcommittee will be held,
specifying the date and hour of that special meeting. The
Subcommittee shall meet on that date and hour. Immediately
upon the filing of the notice, the Clerk of the Committee
shall notify all members of the Subcommittee that such
special meeting will be held and inform them of its date and
hour. If the Chairman of the Subcommittee is not present at
any regular or special meeting of the Subcommittee, the
Ranking Member of the majority party on the Subcommittee who
is present shall preside at that meeting.
[h] Voting.--No measure or matter shall be recommended from
a Subcommittee to the Committee unless a majority of the
Subcommittee are actually present. The vote of the
Subcommittee to recommend a measure or matter to the
Committee shall require the concurrence of a majority of the
members of the Subcommittee voting. On Subcommittee matters
other than a vote to recommend a measure or matter to the
Committee no record vote shall be taken unless a majority of
the Subcommittee is actually present. Any absent member of a
Subcommittee may affirmatively request that his or her vote
to recommend a measure or matter to the Committee or his vote
on any such other matters on which a record vote is taken, be
cast by proxy. The proxy shall be in writing and shall be
sufficiently clear to identify the subject matter and to
inform the Subcommittee as to how the member wishes his or
her vote to be recorded thereon. By written notice to the
Chairman of the Subcommittee any time before the record vote
on the measure or matter concerned is taken, the member may
withdraw a proxy previously given. All proxies shall be kept
in the files of the Committee.

Rule 4.--Witnesses

[a] Filing of statements.--Any witness appearing before the
Committee or Subcommittee [including any witness representing
a Government agency] must file with the Committee or
Subcommittee [24 hours preceding his or her appearance] 75
copies of his or her statement to the Committee or
Subcommittee, and the statement must include a brief summary
of the testimony. In the event that the witness fails to file
a written statement and brief summary in accordance with this
rule, the Chairman of the Committee or Subcommittee has the
discretion to deny the witness the privilege of testifying
before the Committee or Subcommittee until the witness has
properly complied with the rule.
[b] Length of statements.--Written statements properly
filed with the Committee or Subcommittee may be as lengthy as
the witness desires and may contain such documents or other
addenda as the witness feels is necessary to present properly
his or her views to the Committee or Subcommittee. The brief
summary included in the statement must be no more than 3
pages long. It shall be left to the discretion of the
Chairman of the Committee or Subcommittee as to what portion
of the documents presented to the Committee or Subcommittee
shall be published in the printed transcript of the hearings.
[c] Ten-minute duration.--Oral statements of witnesses
shall be based upon their filed statements but shall be
limited to 10 minutes duration. This period may be limited or
extended at the discretion of the Chairman presiding at the
hearings.
[d] Subpoena of witnesses.--Witnesses may be subpoenaed by
the Chairman of the Committee or a Subcommittee with the
agreement of the Ranking Member of the Committee or
Subcommittee or by a majority vote of the Committee or
Subcommittee.
[e] Counsel permitted.--Any witness subpoenaed by the
Committee or Subcommittee to a public or executive hearing
may be accompanied by counsel of his or her own choosing who
shall be permitted, while the witness is testifying, to
advise him or her of his or her legal rights.
[f] Expenses of witnesses.--No witness shall be reimbursed
for his or her appearance at a public or executive hearing
before the Committee or Subcommittee unless such
reimbursement is agreed to by the Chairman and Ranking Member
of the Committee.
[g] Limits of questions.--Questioning of a witness by
members shall be limited to 5 minutes duration when 5 or more
members are present and 10 minutes duration when less than 5
members are present, except that if a member is unable to
finish his or her questioning in this period, he or she may
be permitted further questions of the witness after all
members have been given an opportunity to question the
witness.
Additional opportunity to question a witness shall be
limited to a duration of 5 minutes until all members have
been given the opportunity of questioning the witness for a
second time. This 5-minute period per member will be
continued until all members have exhausted their questions of
the witness.

Rule 5.--Voting

[a] Vote to report a measure or matter.--No measure or
matter shall be reported from the Committee unless a majority
of the Committee is actually present. The vote of the
Committee to report a measure or matter shall require the
concurrence of a majority of the members of the Committee who
are present.
Any absent member may affirmatively request that his or her
vote to report a matter be cast by proxy. The proxy shall be
sufficiently clear to identify the subject matter, and to
inform the Committee as to how the member wishes his vote to
be recorded thereon. By written notice to the Chairman any
time before the record vote on the measure or matter
concerned is taken, any member may withdraw a proxy
previously given. All proxies shall be kept in the files of
the Committee, along with the record of the rollcall vote of
the members present and voting, as an official record of the
vote on the measure or matter.
[b] Vote on matters other than to report a measure or
matter.--On Committee matters other than a vote to report a
measure or matter, no record vote shall be taken unless a
majority of the Committee are actually present. On any such
other matter, a member of the Committee may request that his
or her vote may be cast by proxy. The proxy shall be in
writing and shall be sufficiently clear to identify the
subject matter, and to inform the Committee as to how the
member wishes his or her vote to be recorded thereon. By
written notice to the Chairman any time before the vote on
such other matter is taken, the member may withdraw a proxy
previously given. All proxies relating to such other matters
shall be kept in the files of the Committee.

Rule 6.--Quorum

No executive session of the Committee or a Subcommittee
shall be called to order unless a majority of the Committee
or Subcommittee, as the case may be, are actually present.
Unless the Committee otherwise provides or is required by the
Rules of the Senate, one member shall constitute a quorum for
the receipt of evidence, the swearing in of witnesses, and
the taking of testimony.

Rule 7.--Staff Present on Dais

Only members and the Clerk of the Committee shall be
permitted on the dais during public or executive hearings,
except that a member may have one staff person accompany him
or her during such public or executive hearing on the dais.
If a member desires a second staff person to accompany him or
her on the dais he or she must make a request to the Chairman
for that purpose.

Rule 8.--Coinage Legislation

At least 67 Senators must cosponsor any gold medal or
commemorative coin bill or resolution before consideration by
the Committee.

EXTRACTS 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:

* * * * *

[d][1] Committee on Banking, Housing, and Urban Affairs, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating to
the following subjects:
1. Banks, banking, and financial institutions.
2. Control of prices of commodities, rents, and services.

[[Page S855]]

3. Deposit insurance.
4. Economic stabilization and defense production.
5. Export and foreign trade promotion.
6. Export controls.
7. Federal monetary policy, including Federal Reserve
System.
8. Financial aid to commerce and industry.
9. Issuance and redemption of notes.
10. Money and credit, including currency and coinage.
11. Nursing home construction.
12. Public and private housing [including veterans'
housing].
13. Renegotiation of Government contracts.
14. Urban development and urban mass transit.
[2] Such committee shall also study and review, on a
comprehensive basis, matters relating to international
economic policy as it affects United States monetary affairs,
credit, and financial institutions; economic growth, urban
affairs, and credit, and report thereon from time to time.

COMMITTEE PROCEDURES FOR PRESIDENTIAL NOMINEES

Procedures formally adopted by the U.S. Senate Committee on
Banking, Housing, and Urban Affairs, February 4, 1981,
establish a uniform questionnaire for all Presidential
nominees whose confirmation hearings come before this
Committee.
In addition, the procedures establish that:
[1] A confirmation hearing shall normally be held at least
5 days after receipt of the completed questionnaire by the
Committee unless waived by a majority vote of the Committee.
[2] The Committee shall vote on the confirmation not less
than 24 hours after the Committee has received transcripts of
the hearing unless waived by unanimous consent.
[3] All nominees routinely shall testify under oath at
their confirmation hearings.
This questionnaire shall be made a part of the public
record except for financial information, which shall be kept
confidential.
Nominees are requested to answer all questions, and to add
additional pages where necessary.

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