[Congressional Record Volume 169, Number 27 (Thursday, February 9, 2023)]
[Senate]
[Pages S295-S296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS RULES OF
PROCEDURE
Mr. SANDERS. Mr. President, the Committee on Health, Education,
Labor, and Pensions has adopted rules governing its procedures for the
118th Congress. Pursuant to rule XXVI, paragraph 2, of the Standing
Rules of the Senate, I ask unanimous consent that a copy of the
committee rules be printed in the Record.
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 chair may, upon proper
notice, call such additional meetings as the chair deems
necessary.
Rule 2.--The chair of the committee or of a subcommittee,
or if the chair is not present, the ranking majority member
present, shall preside at all meetings. The chair 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 XXVI, paragraph 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 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 chair 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 the member is
being recorded and has affirmatively requested that the
member 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 meeting, subcommittee
meeting, or conference, whether or not such meeting or any
part thereof is closed pursuant to the specific provisions of
subsections (b) and (d) of rule XXVI, paragraph 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 chair 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 testimony at least
48 hours before a hearing, unless the chair 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. Written 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
chair 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 chair 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 XXVI, paragraph 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 chair
thereof.
Rule 14.--The chair 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 scheduled for such meeting.
Rule 15.--Whenever a bill or joint resolution shall be
before the committee or a subcommittee for final
consideration, the clerk shall distribute to each member of
the committee or subcommittee a document prepared by the
sponsor of the bill or joint resolution. If the bill or joint
resolution has no underlying statutory language, the document
shall consist of a detailed summary of the purpose and impact
of each section. If the bill or joint resolution repeals or
amends any statute or part thereof, the document
[[Page S296]]
shall consist of a detailed summary of the underlying statute
and the proposed changes in each section of the underlying
law and either 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; or a side-by-side document showing a
comparison of current law, the proposed legislative changes,
and a detailed description of the proposed changes.
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
chair 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 a 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 chair 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 chair of the committee or
a subcommittee, or to any member designated by such chair.
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 chair 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 the information, 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 chair 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 the witness's own choosing who shall be permitted, while
the witness is testifying, to advise the witness of any 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
the nominee's background and financial interests, including
the financial interests of the nominee's spouse and children
living in the 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 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
chair, 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 chair for
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
chair at least 24 hours before an executive session. The
chair shall promptly distribute all filed amendments
electronically to the members of the committee. The chair 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.
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 testimony of witnesses 48 hours in advance of a
hearing. Witnesses will be urged to submit written testimony
even earlier whenever possible. When written testimony is
received in advance of a hearing, the committee or
subcommittee (as appropriate) should distribute copies of
such testimony 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:
(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 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.
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