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S578 CONGRESSIONAL RECORD — SENATE February 1, 2017 COMMITTEE ON ENERGY AND NATURAL for the purpose of transacting business. Any cause for failure to so file, and to limit their RESOURCES quorum of the committee which is composed oral presentation to brief summaries of their 115TH CONGRESS SUBCOMMITTEE ASSIGNMENTS of less than a majority of the members of the arguments. Testimony may be filed elec- committee shall include at least one member tronically. The presiding officer at any hear- ENERGY of the majority and one member of the mi- ing is authorized to limit the time of each Cory Gardner, Chairman nority. witness appearing before the committee or a James E. Risch; Jeff Flake; ; (b) A majority of the members of a sub- subcommittee. The committee or a sub- Jeff Sessions; ; John committee, actually present, shall con- committee shall, as far as practicable, uti- Hoeven; ; ; Joe stitute a quorum for the purpose of lize testimony previously taken on bills and Manchin III, Ranking; ; Bernard transacting business: provided, no measure measures similar to those before it for con- Sanders; Al Franken; ; or matter shall be ordered reported unless sideration. ; ; Catherine such majority shall include at least one Rule 10.—Should a subcommittee fail to re- Cortez Masto. member of the minority who is a member of port back to the full committee on any measure within a reasonable time, the chair- PUBLIC LANDS, FORESTS, AND MINING the subcommittee. If, at any subcommittee meeting, a measure or matter cannot be or- man may withdraw the measure from such Mike Lee, Chairman dered reported because of the absence of such subcommittee and report that fact to the ; James E. Risch; Jeff Flake; a minority member, the measure or matter full committee for further disposition. Steve Daines; Cory Gardner; Jeff Sessions; shall lay over for a day. If the presence of a Rule 11.—No subcommittee may schedule a Lamar Alexander; ; Bill Cassidy; member of the minority is not then ob- meeting or hearing at a time designated for Ron Wyden, Ranking; ; Al tained, a majority of the members of the a hearing or meeting of the full committee. Franken; III; Martin Heinrich; subcommittee, actually present, may order No more than one subcommittee executive ; . such measure or matter reported. meeting may be held at the same time. NATIONAL PARKS (c) No measure or matter shall be ordered Rule 12.—It shall be the duty of the chair- man in accordance with section 133(c) of the Steve Daines, Chairman reported from the committee or a sub- committee unless a majority of the com- Legislative Reorganization Act of 1946, as John Barrasso; Mike Lee; Cory Gardner; mittee or subcommittee is physically amended, to report or cause to be reported to Lamar Alexander; John Hoeven; Rob present. the Senate, any measure or recommendation Portman; Mazie Hirono, Ranking; Bernard Rule 5.—With the approval of the chairman approved by the committee and to take or Sanders; Debbie Stabenow; Martin Heinrich; of the committee or subcommittee, one cause to be taken, necessary steps to bring Angus King; Tammy Duckworth. member thereof may conduct public hearings the matter to a vote in the Senate. WATER AND POWER other than taking sworn testimony. Rule 13.—Whenever a meeting of the com- mittee or subcommittee is closed pursuant Jeff Flake, Chairman Rule 6.—Proxy voting shall be allowed on all measures and matters before the com- to the provisions of subsection (b) or (d) of John Barrasso; James E. Risch; Mike Lee; mittee or a subcommittee if the absent rule 26.5 of the Standing Rules of the Senate, Jeff Sessions; Bill Cassidy; Rob Portman; member has been informed of the matter on no person other than members of the com- Angus King, Ranking; Ron Wyden; Bernard which he is being recorded and has affirma- mittee, members of the staff of the com- Sanders; Al Franken; Joe Manchin III; tively requested that he be so recorded. mittee, and designated assistants to mem- Tammy Duckworth. While proxies may be voted on a motion to bers of the committee shall be permitted to and are ex report a measure or matter from the com- attend such closed session, except by special officio members of all Subcommittees. mittee, such a motion shall also require the dispensation of the committee or sub- f concurrence of a majority of the members committee or the chairman thereof. who are actually present at the time such Rule 14.—The chairman of the committee COMMITTEE ON HEALTH, EDU- action is taken. or a subcommittee shall be empowered to ad- CATION, LABOR, AND PENSIONS The committee may poll any matters of journ any meeting of the committee or a committee business as a matter of unani- subcommittee if a quorum is not present mous consent; provided that every member within fifteen minutes of the time schedule RULES OF PROCEDURE is polled and every poll consists of the fol- for such meeting. lowing two questions: Rule 15.—Whenever a bill or joint resolu- Mr. ALEXANDER. Mr. President, I (1) Do you agree or disagree to poll the pro- tion shall be before the committee or a sub- ask unanimous consent to have the posal; and committee for final consideration, the clerk committee rules for the Health, Edu- (2) Do you favor or oppose the proposal. shall distribute to each member of the com- cation, Labor, and Pensions Committee Rule 7.—There shall be prepared and kept a mittee or subcommittee a document, pre- complete transcript or electronic recording pared by the sponsor of the bill or joint reso- printed in the RECORD. adequate to fully record the proceedings of lution. If the bill or joint resolution has no There being no objection, the mate- each committee or subcommittee meeting or underlying statutory language, the docu- rial was ordered to be printed in the conference whether or not such meetings or ment shall consist of a detailed summary of RECORD, as follows: any part thereof is closed pursuant to the the purpose and impact of each section. If SENATE COMMITTEE ON HEALTH, specific provisions of subsections (b) and (d) the bill or joint resolution repeals or amends EDUCATION, LABOR, AND PENSIONS of rule 26.5 of the Standing Rules of the Sen- any statute or part thereof, the document shall consist of a detailed summary of the LAMAR ALEXANDER, Chairman ate, unless a majority of said members vote to forgo such a record. Such records shall underlying statute and the proposed changes RULES OF PROCEDURE (AS AGREED TO JANUARY, contain the vote cast by each member of the in each section of the underlying law and ei- 2017) committee or subcommittee on any question ther a print of the statute or the part or sec- Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, tion thereof to be amended or replaced show- XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any ing by stricken-through type, the part or the Senate, regular meetings of the com- committee member. The clerk of the com- parts to be omitted and, in italics, the mat- mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have ter proposed to be added, along with a sum- Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- mary of the proposed changes; or a side-by- room SD–430, Dirksen Senate Office Build- rangements to implement this rule. side document showing a comparison of cur- ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- rent law, the proposed legislative changes, call such additional meetings as he may committee shall undertake, consistent with and a detailed description of the proposed deem necessary. the provisions of rule XXVI, paragraph 4, of changes. Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue Rule 16.—An appropriate opportunity shall of a subcommittee, or if the chairman is not public announcement of any hearing or exec- be given the minority to examine the pro- present, the ranking majority member utive session it intends to hold at least one posed text of committee reports prior to present, shall preside at all meetings. The week prior to the commencement of such their filing or publication. In the event there chairman may designate the ranking minor- hearing or executive session. In the case of are supplemental, minority, or additional ity member to preside at hearings of the an executive session, the text of any bill or views, an appropriate opportunity shall be committee or subcommittee. joint resolution to be considered must be given the majority to examine the proposed Rule 3.—Meetings of the committee or a provided to the chairman for prompt elec- text prior to filing or publication. Unless the subcommittee, including meetings to con- tronic distribution to the members of the chairman and ranking minority member duct hearings, shall be open to the public ex- committee. agree on a shorter period of time, the minor- cept as otherwise specifically provided in Rule 9.—The committee or a subcommittee ity shall have no fewer than three business subsections (b) and (d) of rule 26.5 of the shall require all witnesses heard before it to days to prepare supplemental, minority or Standing Rules of the Senate. file written statements of their proposed tes- additional views for inclusion in a com- Rule 4.—(a) Subject to paragraph (b), one- timony at least 24 hours before a hearing, mittee report from the time the majority third of the membership of the committee, unless the chairman and the ranking minor- makes the proposed text of the committee actually present, shall constitute a quorum ity member determine that there is good report available to the minority.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.045 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S579 Rule 17.—(a) The committee, or any sub- evant to the nature of the position. Informa- received in advance of a hearing, the com- committee, may issue subpoenas, or hold tion relating to other background and finan- mittee or subcommittee (as appropriate) hearings to take sworn testimony or hear cial interests (part II) shall not be required should distribute copies of such statements subpoenaed witnesses, only if such investiga- of any nominee when the committee deter- to each of its members. Witness testimony tive activity has been authorized by major- mines that it is not relevant to the nature of may be submitted and distributed electroni- ity vote of the committee. the position. cally. (b) For the purpose of holding a hearing to Committee action on a nomination, includ- EXECUTIVE SESSIONS FOR THE PURPOSE OF take sworn testimony or hear subpoenaed ing hearings or meetings to consider a mo- MARKING UP BILLS witnesses, three members of the committee tion to recommend confirmation, shall not In order to expedite the process of marking or subcommittee shall constitute a quorum: be initiated until at least five days after the up bills and to assist each member of the provided, with the concurrence of the chair- nominee submits the form required by this committee so that there may be full and fair man and ranking minority member of the rule unless the chairman, with the concur- consideration of each bill which the com- committee or subcommittee, a single mem- rence of the ranking minority member, mittee or a subcommittee is marking up the ber may hear subpoenaed witnesses or take waives this waiting period. following procedures should be followed: sworn testimony. Rule 19.—Subject to statutory require- 1. Seven days prior to the proposed date for (c) The committee may, by a majority ments imposed on the committee with re- an executive session for the purpose of mark- vote, delegate the authority to issue sub- spect to procedure, the rules of the com- ing up bills the committee or subcommittee poenas to the chairman of the committee or mittee may be changed, modified, amended (as appropriate) should provide written no- a subcommittee, or to any member des- or suspended at any time; provided, not less tice to each of its members as to the time, ignated by such chairman. Prior to the than a majority of the entire membership so place, and specific subject matter of such issuance of each subpoena, the ranking mi- determine at a regular meeting with due no- session, including an agenda listing each bill nority member of the committee or sub- tice, or at a meeting specifically called for or other matters to be considered and includ- committee, and any other member so re- that purpose. ing: questing, shall be notified regarding the Rule 20.—When the ratio of members on the (a) a copy of each bill, joint resolution, or identity of the person to whom it will be committee is even, the term ‘‘majority’’ as other legislative matter (or committee print issued and the nature of the information used in the committee’s rules and guidelines thereof) to be considered at such executive sought and its relationship to the authorized shall refer to the party of the chairman for session; and investigative activity, except where the purposes of party identification. Numerical (b) a copy of a summary of the provisions chairman of the committee or sub- requirements for quorums, votes and the like of each bill, joint resolution, or other legis- committee, in consultation with the ranking shall be unaffected. lative matter to be considered at such execu- minority member, determines that such no- Rule 21.—First degree amendments must be tive session including, whenever possible, an tice would unduly impede the investigation. filed with the chairman at least 24 hours be- explanation of changes to existing law pro- All information obtained pursuant to such fore an executive session. The chairman posed to be made. investigative activity shall be made avail- shall promptly distribute all filed amend- 2. Insofar as practical, prior to the sched- able as promptly as possible to each member ments electronically to the members of the uled date for an executive session for the of the committee requesting same, or to any committee. The chairman may modify the purpose of marking up bills, the committee assistant to a member of the committee des- filing requirements to meet special cir- or a subcommittee (as appropriate) should ignated by such member in writing, but the cumstances with the concurrence of the provide each member with a copy of the use of any such information is subject to re- ranking minority member. printed record or a summary of any hearings strictions imposed by the rules of the Sen- Rule 22.—In addition to the foregoing, the conducted by the committee or a sub- ate. Such information, to the extent that it proceedings of the committee shall be gov- committee with respect to each bill, joint is relevant to the investigation shall, if re- erned by the Standing Rules of the Senate resolution, or other legislative matter to be quested by a member, be summarized in and the provisions of the Legislative Reorga- considered at such executive session. writing as soon as practicable. Upon the re- nization Act of 1946, as amended. f quest of any member, the chairman of the ***** committee or subcommittee shall call an ex- GUIDELINES OF THE SENATE COMMITTEE ON COMMITTEE ON HEALTH, EDU- ecutive session to discuss such investigative HEALTH, EDUCATION, LABOR, AND PENSIONS CATION, LABOR, AND PENSIONS activity or the issuance of any subpoena in WITH RESPECT TO HEARINGS, MARKUP SES- connection therewith. SIONS, AND RELATED MATTERS (d) Any witness summoned to testify at a SUBCOMMITTEE MEMBERSHIP hearing, or any witness giving sworn testi- HEARINGS mony, may be accompanied by counsel of his Section 133A(a) of the Legislative Reorga- Mr. ALEXANDER. Mr. President, I own choosing who shall be permitted, while nization Act requires each committee of the ask unanimous consent to have the the witness is testifying, to advise him of his Senate to publicly announce the date, place, subcommittee assignments for the legal rights. and subject matter of any hearing at least Health, Education, Labor, and Pen- one week prior to the commencement of such (e) No confidential testimony taken or con- sions Committee printed in the fidential material presented in an executive hearing. hearing, or any report of the proceedings of The spirit of this requirement is to assure RECORD. such an executive hearing, shall be made adequate notice to the public and other There being no objection, the mate- public, either in whole or in part or by way Members of the Senate as to the time and rial was ordered to be printed in the of summary, unless authorized by a majority subject matter of proposed hearings. In the RECORD, as follows: of the members of the committee or sub- spirit of section 133A(a) and in order to as- SUBCOMMITTEES OF THE COMMITTEE ON committee. sure that members of the committee are HEALTH, EDUCATION, LABOR, AND PENSIONS Rule 18.—Presidential nominees shall sub- themselves fully informed and involved in CHILDREN AND FAMILIES mit a statement of their background and fi- the development of hearings: Mr. Paul, Kentucky, Chairman nancial interests, including the financial in- 1. Public notice of the date, place, and sub- terests of their spouse and children living in ject matter of each committee or sub- Mr. Casey, Pennsylvania, Ranking Member their household, on a form approved by the committee hearing should be inserted in the Ms. Murkowski, Alaska; Mr. Burr, North committee which shall be sworn to as to its Congressional Record seven days prior to the Carolina; Mr. Cassidy, Louisiana; Mr. Young, completeness and accuracy. The committee commencement of such hearing. Indiana; Mr. Hatch, Utah; Mr. Roberts, Kan- form shall be in two parts— 2. At least seven days prior to public notice sas; Mr. Alexander, Tennessee (Ex Officio); (I) information relating to employment, of each committee or subcommittee hearing, Mr. Sanders, ; Mr. Franken, Min- education and background of the nominee re- the majority should provide notice to the nesota; Mr. Bennet, Colorado; Mr. Kaine, lating to the position to which the individual minority of the time, place and specific sub- ; Ms. Hassan, New Hampshire; Mrs. is nominated, and which is to be made pub- ject matter of such hearing. Murray, Washington (Ex Officio). lic; and, 3. At least three days prior to the date of EMPLOYMENT AND WORKPLACE SAFETY (II) information relating to financial and such hearing, the committee or sub- Mr. Isakson, Georgia, Chairman other background of the nominee, to be made committee should provide to each member a public when the committee determines that list of witnesses who have been or are pro- Mr. Franken, , Ranking Member such information bears directly on the nomi- posed to be invited to appear. Mr. Roberts, Kansas; Mr. Scott, South nee’s qualifications to hold the position to 4. The committee and its subcommittee Carolina; Mr. Burr, North Carolina; Mr. which the individual is nominated. should, to the maximum feasible extent, en- Paul, Kentucky; Mr. Cassidy, Louisiana; Mr. Information relating to background and fi- force the provisions of rule 9 of the com- Young, Indiana; Mr. Alexander, Tennessee nancial interests (parts I and II) shall not be mittee rules as it relates to the submission (Ex Officio); Mr. Casey, Pennsylvania; Mr. required of nominees for less than full-time of written statements of witnesses twenty- Whitehouse, Rhode Island; Ms. Baldwin, Wis- appointments to councils, commissions or four hours in advance of a hearing. Witnesses consin; Mr. Murphy, Connecticut; Ms. War- boards when the committee determines that will be urged to submit testimony even ear- ren, Massachusetts; Mrs. Murray, Wash- some or all of the information is not rel- lier whenever possible. When statements are ington (Ex Officio).

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