[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.

                          ____________________