[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[Senate]
[Pages 3793-3794]
[From the U.S. 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 111th 
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:

  February 10, 2009

    RULES OF THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                      I. MEETINGS OF THE COMMITTEE

       1. 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. 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. 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 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.
       5. The Chairman, with the approval of the ranking minority 
     member of the Committee, is authorized to subpoena the 
     attendance of witnesses or the production of memoranda, 
     documents, records, or any other materials at a hearing, 
     except that the Chairman may subpoena attendance or 
     production without the approval of the ranking minority 
     member where 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 section II being present. When the Committee 
     or Chairman authorizes subpoenas, subpoenas may be issued 
     upon the signature of the Chairman or any other Member of the 
     Committee designated by the Chairman.
       6. 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 to advise 
     the witness, while the witness is testifying, of the 
     witness's legal rights, except that 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 paragraph 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 the hearings. This paragraph 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.
       7. An accurate electronic or stenographic record shall be 
     kept of the testimony of all witnesses in executive and 
     public hearings. The record of a witness's testimony, whether 
     in public or executive session, 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 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 Chairman or a member of the Committee staff 
     designated by the Chairman shall rule on such requests.

                              II. QUORUMS

       1. 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. 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. 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.

                              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.

                      IV. 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.

                            V. SUBCOMMITTEES

       1. Any member of the Committee may sit with any 
     subcommittee during its hearings.
       2. Subcommittees shall be considered de novo whenever there 
     is a change in the chairmanship, and seniority on the 
     particular subcommittee shall not necessarily apply.

[[Page 3794]]



               VI. 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.

                          ____________________