[Congressional Record Volume 163, Number 20 (Monday, February 6, 2017)]
[Senate]
[Pages S741-S743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MORNING BUSINESS
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COMMITTEE ON FINANCE
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RULES OF PROCEDURE
Mr. HATCH. Mr. President, the Committee on Finance has adopted rules
governing its procedures for the 115th Congress. Pursuant to rule XXVI,
paragraph 2, of the Standing Rules of the Senate, I ask unanimous
consent that the accompanying rules for the Senate Committee on Finance
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
COMMITTEE ON FINANCE
I. RULES OF PROCEDURE
Rule 1. Regular Meeting Days.--The regular meeting day of
the committee shall be the second and fourth Tuesday of each
month, except that if there be no business before the
committee the regular meeting shall be omitted.
Rule 2. Committee Meetings.--(a) Except as provided by
paragraph 3 of Rule XXVI of the Standing Rules of the Senate
(relating to special meetings called by a majority of the
committee) and subsection (b) of this rule, committee
meetings, for the conduct of business, for the purpose of
holding hearings, or for any other purpose, shall be called
by the chairman after consultation with the ranking minority
member. Members will be notified of committee meetings at
least 48 hours
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in advance, unless the chairman determines that an emergency
situation requires a meeting on shorter notice. The
notification will include a written agenda together with
materials prepared by the staff relating to that agenda.
After the agenda for a committee meeting is published and
distributed, no nongermane items may be brought up during
that meeting unless at least two-thirds of the members
present agree to consider those items.
(b) In the absence of the chairman, meetings of the
committee may be called by the ranking majority member of the
committee who is present, provided authority to call meetings
has been delegated to such member by the chairman.
Rule 3. Presiding Officer.--(a) The chairman shall preside
at all meetings and hearings of the committee except that in
his absence the ranking majority member who is present at the
meeting shall preside.
(b) Notwithstanding the rule prescribed by subsection (a)
any member of the committee may preside over the conduct of a
hearing.
Rule 4. Quorums.--(a) Except as provided in subsection (b)
one-third of the membership of the committee, including not
less than one member of the majority party and one member of
the minority party, shall constitute a quorum for the conduct
of business.
(b) Notwithstanding the rule prescribed by subsection (a),
one member shall constitute a quorum for the purpose of
conducting a hearing.
Rule 5. Reporting of Measures or Recommendations.--No
measure or recommendation shall be reported from the
committee unless a majority of the committee is actually
present and a majority of those present concur.
Rule 6. Proxy Voting; Polling.--(a) Except as provided by
paragraph 7(a)(3) of Rule XXVI of the Standing Rules of the
Senate (relating to limitation on use of proxy voting to
report a measure or matter), members who are unable to be
present may have their vote recorded by proxy.
(b) At the discretion of the committee, members who are
unable to be present and whose vote has not been cast by
proxy may be polled for the purpose of recording their vote
on any rollcall taken by the committee.
Rule 7. Order of Motions.--When several motions are before
the committee dealing with related or overlapping matters,
the chairman may specify the order in which the motions
shall be voted upon.
Rule 8. Bringing a Matter to a Vote.--If the chairman
determines that a motion or amendment has been adequately
debated, he may call for a vote on such motion or amendment,
and the vote shall then be taken, unless the committee votes
to continue debate on such motion or amendment, as the case
may be. The vote on a motion to continue debate on any motion
or amendment shall be taken without debate.
Rule 9. Public Announcement of Committee Votes.--Pursuant
to paragraph 7(b) of Rule XXVI of the Standing Rules of the
Senate (relating to public announcement of votes), the
results of rollcall votes taken by the committee on any
measure (or amendment thereto) or matter shall be announced
publicly not later than the day on which such measure or
matter is ordered reported from the committee.
Rule 10. Subpoenas.--Witnesses and memoranda, documents,
and records may be subpoenaed by the chairman of the
committee with the agreement of the ranking minority member
or by a majority vote of the committee. Subpoenas for
attendance of witnesses and the production of memoranda,
documents, and records shall be issued by the chairman, or by
any other member of the committee designated by him.
Rule 11. Nominations.--In considering a nomination, the
committee may conduct an investigation or review of the
nominee's experience, qualifications, and suitability, to
serve in the position to which he or she has been nominated.
To aid in such investigation or review, each nominee may be
required to submit a sworn detailed statement including
biographical, financial, policy, and other information which
the committee may request. The committee may specify which
items in such statement are to be received on a confidential
basis. Witnesses called to testify on the nomination may be
required to testify under oath.
Rule 12. Open Committee Hearings.--To the extent required
by paragraph 5 of Rule XXVI of the Standing Rules of the
Senate (relating to limitations on open hearings), each
hearing conducted by the committee shall be open to the
public.
Rule 13. Announcement of Hearings.--The committee shall
undertake consistent with the provisions of paragraph 4(a) of
Rule XXVI of the Standing Rules of the Senate (relating to
public notice of committee hearings) to issue public
announcements of hearings it intends to hold at least one
week prior to the commencement of such hearings.
Rule 14. Witnesses at Hearings.--(a) Each witness who is
scheduled to testify at any hearing must submit his written
testimony to the staff director not later than noon of the
business day immediately before the last business day
preceding the day on which he is scheduled to appear. Such
written testimony shall be accompanied by a brief summary of
the principal points covered in the written testimony. Having
submitted his written testimony, the witness shall be allowed
not more than ten minutes for oral presentation of his
statement.
(b) Witnesses may not read their entire written testimony,
but must confine their oral presentation to a summarization
of their arguments.
(c) Witnesses shall observe proper standards of dignity,
decorum, and propriety while presenting their views to the
committee. Any witness who violates this rule shall be
dismissed, and his testimony (both oral and written) shall
not appear in the record of the hearing.
(d) In scheduling witnesses for hearings, the staff shall
attempt to schedule witnesses so as to attain a balance of
views early in the hearings. Every member of the committee
may designate witnesses who will appear before the committee
to testify. To the extent that a witness designated by a
member cannot be scheduled to testify during the time set
aside for the hearing, a special time will be set aside for
the witness to testify if the member designating that witness
is available at that time to chair the hearing.
Rule 15. Audiences.--Persons admitted into the audience for
open hearings of the committee shall conduct themselves with
the dignity, decorum, courtesy, and propriety traditionally
observed by the Senate. Demonstrations of approval or
disapproval of any statement or act by any member or witness
are not allowed. Persons creating confusion or distractions
or otherwise disrupting the orderly proceeding of the hearing
shall be expelled from the hearing.
Rule 16. Broadcasting of Hearings.--(a) Broadcasting of
open hearings by television or radio coverage shall be
allowed upon approval by the chairman of a request filed with
the staff director not later than noon of the day before the
day on which such coverage is desired.
(b) If such approval is granted, broadcasting coverage of
the hearing shall be conducted unobtrusively and in
accordance with the standards of dignity, propriety,
courtesy, and decorum traditionally observed by the Senate.
(c) Equipment necessary for coverage by television and
radio media shall not be installed in, or removed from, the
hearing room while the committee is in session.
(d) Additional lighting may be installed in the hearing
room by the media in order to raise the ambient lighting
level to the lowest level necessary to provide adequate
television coverage of the hearing at the then current state
of the art of television coverage.
(e) The additional lighting authorized by subsection (d) of
this rule shall not be directed into the eyes of any members
of the committee or of any witness, and at the request of any
such member or witness, offending lighting shall be
extinguished.
Rule 17. Subcommittees.--(a) The chairman, subject to the
approval of the committee, shall appoint legislative
subcommittees. The ranking minority member shall recommend to
the chairman appointment of minority members to the
subcommittees. All legislation shall be kept on the full
committee calendar unless a majority of the members present
and voting agree to refer specific legislation to an
appropriate subcommittee.
(b) The chairman may limit the period during which House-
passed legislation referred to a subcommittee under paragraph
(a) will remain in that subcommittee. At the end of that
period, the legislation will be restored to the full
committee calendar. The period referred to in the preceding
sentences should be 6 weeks, but may be extended in the event
that adjournment or a long recess is imminent.
(c) All decisions of the chairman are subject to approval
or modification by a majority vote of the committee.
(d) The full committee may at any time by majority vote of
those members present discharge a subcommittee from further
consideration of a specific piece of legislation.
(e) The chairman and ranking minority members shall serve
as nonvoting ex officio members of the subcommittees on which
they do not serve as voting members.
(f) Any member of the committee may attend hearings held by
any subcommittee and question witnesses testifying before
that subcommittee.
(g) Subcommittee meeting times shall be coordinated by the
staff director to ensure that--
(1) no subcommittee meeting will be held when the committee
is in executive session, except by unanimous consent;
(2) no more than one subcommittee will meet when the full
committee is holding hearings; and
(3) not more than two subcommittees will meet at the same
time.
Notwithstanding paragraphs (2) and (3), a subcommittee may
meet when the full committee is holding hearings and two
subcommittees may meet at the same time only upon the
approval of the chairman and the ranking minority member of
the committee and subcommittees involved.
(h) All nominations shall be considered by the full
committee.
(i) The chairman will attempt to schedule reasonably
frequent meetings of the full committee to permit
consideration of legislation reported favorably to the
committee by the subcommittees.
Rule 18. Transcripts of Committee Meetings.--An accurate
record shall be kept of all markups of the committee, whether
they be open or closed to the public. A transcript, marked as
``uncorrected,'' shall be available for inspection by Members
of the Senate, or members of the committee together with
their staffs, at any time. Not later than 21 business days
after the meeting occurs, the committee shall make publicly
available through the Internet--
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(a) a video recording;
(b) an audio recording; or
(c) after all members of the committee have had a
reasonable opportunity to correct their remarks for
grammatical errors or to accurately reflect statements, a
corrected transcript.
Notwithstanding the above, in the case of the record of an
executive session of the committee that is closed to the
public pursuant to Rule XXVI of the Standing Rules of the
Senate, the record shall not be published or made public in
any way except by majority vote of the committee after all
members of the committee have had a reasonable opportunity to
correct their remarks for grammatical errors or to accurately
reflect statements made.
Rule 19. Amendment of Rules.--The foregoing rules may be
added to, modified, amended, or suspended at any time.
II. EXCERPTS FROM THE STANDING RULES OF THE SENATE RELATING TO STANDING
COMMITTEES
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:
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(i) Committee on Finance, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
1. Bonded debt of the United States, except as provided in
the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry and
delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and health
programs financed by a specific tax or trust fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in the
Congressional Budget Act of 1974.
9. Revenue measures relating to the insular possessions.
10. Tariffs and import quotas, and matters related thereto.
11. Transportation of dutiable goods.
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RULE XXVI
committee procedure
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2. Each committee shall adopt rules (not inconsistent with
the Rules of the Senate) governing the procedure of such
committee. The rules of each committee shall be published in
the Congressional Record not later than March 1 of the first
year of each Congress, except that if any such committee is
established on or after February 1 of a year, the rules of
that committee during the year of establishment shall be
published in the Congressional Record not later than sixty
days after such establishment. Any amendment to the rules of
a committee shall not take effect until the amendment is
published in the Congressional Record.
* * *
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 post
meridian 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 at
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.
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