Congressional Record—Senate S1929

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Congressional Record—Senate S1929 March 22, 2017 CONGRESSIONAL RECORD — SENATE S1929 claims are simply unfounded scare- contempt or obloquy, or will represent a (4)(a) The committee may poll— mongering. If this resolution is en- clearly unwarranted invasion of the privacy (i) internal committee matters including acted, it will repeal only a specific of an individual; those concerning the committee’s staff, (d) will disclose the identity of any in- records, and budget; rulemaking at the FCC that has yet to former or law enforcement agent or will dis- (ii) steps in an investigation, including be implemented. What we are talking close any information relating to the inves- issuance of subpoenas, applications for im- about here hasn’t even been imple- tigation or prosecution of a criminal offense munity orders, and requests for documents mented yet. It will not touch the FCC’s that is required to be kept secret in the in- from agencies; and underlying statutory authority. In- terests of effective law enforcement; or (iii) other committee business that the deed, the FCC will still be obligated to (e) will disclose information relating to the committee has designated for polling at a trade secrets or financial or commercial in- meeting, except that the committee may not police the privacy practices of formation pertaining specifically to a given broadband providers, as provided for in vote by poll on reporting to the Senate any person if— measure, matter, or recommendation, and the Communications Act. The new (i) an act of Congress requires the informa- may not vote by poll on closing a meeting or chairman of the FCC confirmed this tion to be kept confidential by Government hearing to the public. when he appeared before the Commerce officers and employees; or (b) To conduct a poll, the chair shall cir- (ii) the information has been obtained by Committee earlier this month. No mat- culate polling sheets to each member speci- the Government on a confidential basis, fying the matter being polled and the time ter what happens with this resolution, other than through an application by such limit for completion of the poll. If any mem- the FTC will continue to have its au- person for a specific Government financial or ber requests, the matter shall be held for a thority to police the rest of the online other benefit, and is required to be kept se- meeting rather than being polled. The chief world. cret in order to prevent undue injury to the clerk shall keep a record of polls; if the com- It is my hope that once the Senate competitive position of such person. (f) may divulge matters required to be kept mittee determines by record vote in open passes this resolution, the House will session of a majority of the members of the move quickly to take it up and send it confidential under other provisions of law or Government regulations. committee present that the polled matter is to the President for his signature be- (3) Notice of, and the agenda for, any busi- one of those enumerated in rule I(2)(a)–(e), cause, before our country can get back ness meeting or markup shall be provided to then the record of the poll shall be confiden- on the right track, we must first move each member and made available to the pub- tial. Any member may move at the com- past the damaging regulations adopted lic at least 72 hours prior to such meeting or mittee meeting following a poll for a vote on in the waning days of the Obama ad- markup. the polled decision. ministration. II. CONSIDERATION OF BUDGET RESOLUTIONS V. PROXIES I thank Senator FLAKE for his leader- (1) If the chair of the committee makes When a record vote is taken in the com- ship on this issue. Without his tireless proposed legislative text of a concurrent res- mittee on any bill, resolution, amendment, efforts, we would not be here today, olution on the budget available to all com- or any other question, a quorum being mittee members by 12:00 p.m., five days prior present, a member who is unable to attend standing ready to move decisively to- to the start of a meeting or markup to con- the meeting may vote by proxy if the absent ward a better future for the internet. sider the resolution, during that meeting or member has been informed of the matter on I urge my colleagues to support the markup: which the vote is being recorded and has af- resolution that we will vote on tomor- (a) it shall not be in order to consider a firmatively requested to be so recorded; ex- row at noon. first degree amendment unless the amend- cept that no member may vote by proxy dur- ment has been submitted to the chief clerk ing the deliberations on Budget Resolutions f by 5:00 p.m. two days prior to the start of the unless a member is experiencing a health MORNING BUSINESS meeting or markup, except that an amend- issue and the chair and ranking member ment in the nature of a substitute offered by agree to allow that member to vote by proxy the chair of the committee shall not be re- on amendments to a Budget Resolution. quired to be filed in advance, and VI. HEARINGS AND HEARING PROCEDURES COMMITTEE ON THE BUDGET (b) it shall not be in order to consider a second degree amendment unless the amend- (1) The committee shall make public an- ment has been submitted to the chief clerk nouncement of the date, place, time, and RULES OF PROCEDURE by 5:00 p.m. on the day prior to the start of subject matter of any hearing to be con- the meeting or markup, and ducted on any measure or matter at least 1 Mr. ENZI. Mr. President, I ask unani- (c) it shall not be in order to consider a week in advance of such hearing, unless the mous consent that the rules of the Sen- side-by-side amendment unless the amend- chair and ranking member determine that ate Committee on the Budget for the ment has been submitted to the chief clerk there is good cause to begin such hearing at 115th Congress be printed in the by 5:00 p.m. on the day prior to the start of an earlier date. RECORD. the meeting or markup, and the amendment (2) At least 24 hours prior to the scheduled There being no objection, the mate- is filed in relation to a particular first de- start time of the hearing, a witness appear- ing before the committee shall file a written rial was ordered to be printed in the gree amendment that is considered by the committee. statement of proposed testimony with the RECORD, as follows: (2) During consideration of a concurrent chief clerk who is responsible for circulating RULES OF PROCEDURE resolution on the budget, it shall not be in the proposed testimony to all members at I. MEETINGS order to consider an amendment that would the same time. The requirement that a wit- ness submit testimony 24 hours prior to a (1) The committee shall hold its regular have no force or effect if adopted. hearing may be waived by the chair and the meeting on the first Thursday of each III. ORDER OF RECOGNITION ranking member, following their determina- month. Additional meetings may be called Those members who are present at the tion that there is good cause for the failure by the chair as the chair deems necessary to start of any meeting of the committee in- of compliance. expedite committee business. cluding meetings to conduct hearings, shall (2) Each meeting of the committee, includ- be recognized in order of seniority based on VII. COMMITTEE REPORTS ing meetings to conduct hearings, shall be time served as a member of the committee. (1) When the committee has ordered a open to the public, except that a portion or Any members arriving after the start of the measure or recommendation reported, fol- portions of any such meeting may be closed meeting shall be recognized, in order of ap- lowing final action, the report thereon shall to the public if the committee determines by pearance, after the most junior member. be filed in the Senate at the earliest prac- record vote in open session of a majority of IV. QUORUMS AND VOTING ticable time. the members of the committee present that (1) Except as provided in paragraphs (2) and (2) A member of the committee, who gives the matters to be discussed or the testimony (3) of this section, a quorum for the trans- notice of an intention to file supplemental, to be taken at such portion or portions— action of committee business shall consist of minority, or additional views at the time of (a) will disclose matters necessary to be not less than one-third of the membership of final committee approval of a measure or kept secret in the interests of national de- the entire committee: Provided, that proxies matter, shall be entitled to not less than 3 fense or the confidential conduct of the for- shall not be counted in making a quorum. calendar days in which to file such views, in eign relations of the United States; (2) A majority of the committee shall con- writing, with the chief clerk of the com- (b) will relate solely to matters of the com- stitute a quorum for reporting budget resolu- mittee. Such views shall then be included in mittee staff personnel or internal staff man- tions, legislative measures or recommenda- the committee report and printed in the agement or procedure; tions: Provided, that proxies shall not be same volume, as a part thereof, and their in- (c) will tend to charge an individual with counted in making a quorum.
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