[Senate Prints 107-15]
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                                              S. Prt. 107-15

                       COMMITTEE PRINT
 
                     Rules of Procedure
                           of the
                  COMMITTEE ON GOVERNMENTAL
                           AFFAIRS

                    United States Senate

[GRAPHIC] [TIFF OMITTED] TONGRESS.#13


                         MARCH 2001

            PRINTED FOR THE USE OF THE COMMITTEE
                   ON GOVERNMENTAL AFFAIRS
____________________________________________________________
 For sale by the Superintendent of Documents, Congressional 
                        Sales Office
    U.S. Government Printing Office, Washington, DC 20402




                COMMITTEE ON GOVERNMENTAL AFFAIRS
             FRED THOMPSON, Tennessee, Chairman
      JOSEPH I. LIEBERMAN, Connecticut, Ranking Member
TED STEVENS, Alaska               CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine           DANIEL K. AKAKA, Hawaii
GEORGE V. VOINOVICH, Ohio         RICHARD J. DURBIN, 
PETE V. DOMENICI, New Mexico        Illinois
THAD COCHRAN, Mississippi         ROBERT G. TORRICELLI, New 
JUDD GREGG, New Hampshire           Jersey
ROBERT F. BENNETT, Utah           MAX CLELAND, Georgia
                                  THOMAS R. CARPER, Delaware
                                  JEAN CARNAHAN, Missouri
        Hannah S. Sistare, Staff Director and Counsel
   Joyce A. Rechtschaffen, Democratic Staff Director and 
                           Counsel
                Darla D. Cassell, Chief Clerk
                              (ii)




                       C O N T E N T S

                        -----------

Rules of procedure adopted by the Committee on Governmental 
 Affairs:
                                                                 Page

  Rule 1. Meetings and meeting procedures other than hearings.....  1
  Rule 2. Quorums.................................................  5
  Rule 3. Voting..................................................  6
  Rule 4. Chairmanship of meetings and hearings...................  9
  Rule 5. Hearings and hearing procedures......................... 10
  Rule 6. Committee reporting procedures.......................... 18
  Rule 7. Subcommittees and Subcommittee procedures............... 21
  Rule 8. Confirmation standards and procedures................... 23
  Rule 9. Personnel actions affecting Committee staff............. 27
S. Res. 54 (funding and jurisdiction of the Committee)............ 29
                            (III)
    
    
 RULES OF PROCEDURE OF THE COMMITTEE ON GOVERNMENTAL AFFAIRS
 PURSUANT TO RULE XXVI, SEC. 2, STANDING RULES OF THE SENATE
 RULE 1. MEETINGS AND MEETING PROCEDURES OTHER THAN HEARINGS
  A. Meeting dates. The Committee shall hold its regular 
meetings on the first Thursday of each month, when the 
Congress is in session, or at such other times as the 
chairman shall determine. Additional meetings may be called 
by the chairman as he deems necessary to expedite Committee 
business. (Rule XXVI, Sec. 3, Standing Rules of the Senate.)
  B. Calling special Committee meetings. If at least three 
members of the Committee desire the chairman to call a 
special meeting, they may file in the offices of the 
Committee a written request therefor, addressed to the 
chairman. Immediately thereafter, the clerk of the Committee 
shall notify the chairman of such request. If, within 3 
calendar days after the filing of such request, the chairman 
fails to call the requested special meeting, which is to be 
held within 7 calendar days after the filing of such 
request, a majority of the Committee members may file in the 
offices of the Committee their written notice that a special 
Committee meeting will be held, specifying the date and hour 
thereof, and the Committee shall meet on that date and hour. 
Immediately upon the filing of such notice, the Committee 
clerk shall notify all Committee members that such special 
meeting will be held and inform them of its date and hour. 
(Rule XXVI, Sec. 3, Standing Rules of the Senate.)
  C. Meeting notices and agenda. Written notices of 
Committee meetings, accompanied by an agenda, enumerating 
the items of business to be considered, shall be sent to all 
Committee members at least 3 days in advance of such 
meetings, excluding Saturdays, Sundays, and legal holidays 
in which the Senate is not in session. The written notices 
required by this Rule may be provided by electronic mail. In 
the event that unforeseen requirements or Committee business 
prevent a 3-day notice of either the meeting or agenda, the 
Committee staff shall communicate such notice and agenda, or 
any revisions to the agenda, as soon as practicable by 
telephone or otherwise to members or appropriate staff 
assistants in their offices.
  D. Open business meetings. Meetings for the transaction of 
Committee or Subcommittee business shall be conducted in 
open session, except that a meeting or series of meetings 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 clauses (1) through (6) below 
would require the meeting to be closed, followed immediately 
by a record vote in open session by a majority of the 
Committee or Subcommittee members when it is determined that 
the matters to be discussed or the testimony to be taken at 
such meeting or meetings--
  (1) will disclose matters necessary to be kept secret in 
the interests of national defense or the confidential 
conduct of foreign relations of the United States;
  (2) will relate solely to matters of Committee or 
Subcommittee staff personnel or internal staff management or 
procedure;
  (3) will tend to charge an individual with crime or 
misconduct, to disgrace or injure the professional standing 
of an individual, or otherwise expose an individual to 
public contempt or obloquy or will represent a clearly 
unwarranted invasion of the privacy of an individual;
  (4) will disclose the identity of an 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 interests of 
effective law enforcement;
  (5) will disclose information relating to the trade 
secrets of financial or commercial information pertaining 
specifically to a given person if--
       (A) an Act of Congress requires the information to be 
    kept confidential by Government officers and employees; 
    or
       (B) 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
  (6) may divulge matters required to be kept confidential 
under other provisions of law or Government regulations. 
(Rule XXVI, Sec. 5(b), Standing Rules of the Senate.)
  Notwithstanding the foregoing, whenever disorder arises 
during a Committee or Subcommittee meeting that is open to 
the public, or any demonstration of approval or disapproval 
is indulged in by any person in attendance at any such 
meeting, it shall be the duty of the chairman to enforce 
order on his own initiative and without any point of order 
being made by a member of the Committee or Subcommittee; 
provided, further, that when the chairman finds it necessary 
to maintain order, he shall have the power to clear the 
room, and the Committee or Subcommittee may act in closed 
session for so long as there is doubt of the assurance of 
order. (Rule XXVI, Sec. 5(d), Standing Rules of the Senate.)
  E. Prior notice of first degree amendments. It shall not 
be in order for the Committee, or a Subcommittee thereof, to 
consider any amendment in the first degree proposed to any 
measure under consideration by the Committee or Subcommittee 
unless a written copy of such amendment has been delivered 
to each member of the Committee or Subcommittee, as the case 
may be, and to the office of the Committee or Subcommittee, 
at least 24 hours before the meeting of the Committee or 
Subcommittee at which the amendment is to be proposed. The 
written copy of amendments in the first degree required by 
this Rule may be provided by electronic mail. This 
subsection may be waived by a majority of the members 
present. This subsection shall apply only when at least 72 
hours written notice of a session to mark-up a measure is 
provided to the Committee or Subcommittee.
  F. Meeting transcript. The Committee or Subcommittee shall 
prepare and keep a complete transcript or electronic 
recording adequate to fully record the proceeding of each 
meeting whether or not such meeting or any part thereof is 
closed to the public, unless a majority of the Committee or 
Subcommittee members vote to forgo such a record. (Rule 
XXVI, Sec. 5(e), Standing Rules of the Senate.)
                       RULE 2. QUORUMS
  A. Reporting measures and matters. A majority of the 
members of the Committee shall constitute a quorum for 
reporting to the Senate any measures, matters or 
recommendations. (Rule XXVI, Sec. 7(a)(1), Standing Rules of 
the Senate.)
  B. Transaction of routine business. One-third of the 
membership of the Committee shall constitute a quorum for 
the transaction of routine business, provided that one 
member of the minority is present.
  For the purpose of this paragraph, the term ``routine 
business'' includes the convening of a meeting and the 
consideration of any business of the Committee other than 
reporting to the Senate any measures, matters or 
recommendations. (Rule XXVI, Sec. 7(a)(1), Standing Rules of 
the Senate.)
  C. Taking testimony. One member of the Committee shall 
constitute a quorum for taking sworn or unsworn testimony. 
(Rule XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules of the 
Senate.)
  D. Subcommittee quorums. Subject to the provisions of 
sections 7(a)(1) and (2) of Rule XXVI of the Standing Rules 
of the Senate, the Subcommittees of this Committee are 
authorized to establish their own quorums for the 
transaction of business and the taking of sworn testimony.
  E. Proxies prohibited in establishment of quorum. Proxies 
shall not be considered for the establishment of a quorum.
                       RULE 3. VOTING
  A. Quorum required. Subject to the provisions of 
subsection (E), no vote may be taken by the Committee, or 
any Subcommittee thereof, on any measure or matter unless a 
quorum, as prescribed in the preceding section, is actually 
present.
  B. Reporting measures and matters. No measure, matter or 
recommendation shall be reported from the Committee unless a 
majority of the Committee members are actually present, and 
the vote of the Committee to report a measure or matter 
shall require the concurrence of a majority of those members 
who are actually present at the time the vote is taken. 
(Rule XXVI, Sec. 7(a)(1) and (3), Standing Rules of the 
Senate.)
  C. Proxy voting. Proxy voting shall be allowed on all 
measures and matters before the Committee, or any 
Subcommittee thereof, except that, when the Committee, or 
any Subcommittee thereof, is voting to report a measure or 
matter, proxy votes shall be allowed solely for the purposes 
of recording a member's position on the pending question. 
Proxy voting shall be allowed only if the absent Committee 
or Subcommittee member has been informed of the matter on 
which he is being recorded and has affirmatively requested 
that he be so recorded. All proxies shall be filed with the 
chief clerk of the Committee or Subcommittee thereof, as the 
case may be. All proxies shall be in writing and shall 
contain sufficient reference to the pending matter as is 
necessary to identify it and to inform the Committee or 
Subcommittee as to how the member establishes his vote to be 
recorded thereon. (Rule XXVI, Sec. 7(a)(3) and 7(c)(1), 
Standing Rules of the Senate.)
  D. Announcement of vote. (1) Whenever the Committee by 
roll call vote reports any measure or matter, the report of 
the Committee upon such a measure or matter shall include a 
tabulation of the votes cast in favor of and the votes cast 
in opposition to such measure or matter by each member of 
the Committee. (Rule XXVI, Sec. 7(c), Standing Rules of the 
Senate.)
  (2) Whenever the Committee by roll call vote acts upon any 
measure or amendment thereto, other than reporting a measure 
or matter, the results thereof shall be announced in the 
Committee report on that measure unless previously announced 
by the Committee, and such announcement shall include a 
tabulation of the votes cast in favor of and the votes cast 
in opposition to each such measure and amendment thereto by 
each member of the Committee who was present at the meeting. 
(Rule XXVI, Sec. 7(b), Standing Rules of the Senate.)
  (3) In any case in which a roll call vote is announced, 
the tabulation of votes shall state separately the proxy 
vote recorded in favor of and in opposition to that measure, 
amendment thereto, or matter. (Rule XXVI, Sec. 7(b) and (c), 
Standing Rules of the Senate.)
  E. Polling. (1) The Committee, or any Subcommittee 
thereof, may poll (a) internal Committee or Subcommittee 
matters including the Committee's or Subcommittee's staff, 
records and budget; (b) steps in an investigation, including 
issuance of subpoenas, applications for immunity orders, and 
requests for documents from agencies; and (c) other 
Committee or Subcommittee business other than a vote on 
reporting to the Senate any measures, matters or 
recommendations or a vote on closing a meeting or hearing to 
the public.
  (2) Only the chairman, or a Committee member or staff 
officer designated by him, may undertake any poll of the 
members of the Committee. If any member requests, any matter 
to be polled shall be held for meeting rather than being 
polled. The chief clerk of the Committee shall keep a record 
of polls; if a majority of the members of the Committee 
determine that the polled matter is in one of the areas 
enumerated in subsection (D) of Rule 1, the record of the 
poll shall be confidential. Any Committee member may move at 
the Committee meeting following the poll for a vote on the 
polled decision, such motion and vote to be subject to the 
provisions of subsection (D) of Rule 1, where applicable.
        RULE 4. CHAIRMANSHIP OF MEETINGS AND HEARINGS
  The chairman shall preside at all Committee meetings and 
hearings except that he shall designate a temporary chairman 
to act in his place if he is unable to be present at a 
scheduled meeting or hearing. If the chairman (or his 
designee) is absent 10 minutes after the scheduled time set 
for a meeting or hearing, the ranking majority member 
present shall preside until the chairman's arrival. If there 
is no member of the majority present, the ranking minority 
member present, with the prior approval of the chairman, may 
open and conduct the meeting or hearing until such time as a 
member of the majority arrives.
          RULE 5. HEARINGS AND HEARINGS PROCEDURES
  A. Announcement of hearings. The Committee, or any 
Subcommittee thereof, shall make public announcement of the 
date, time and subject matter of any hearing to be conducted 
on any measure or matter at least 1 week in advance of such 
hearing, unless the Committee, or Subcommittee, determines 
that there is good cause to begin such hearing at an earlier 
date. (Rule XXVI, Sec. 4(a), Standing Rules of the Senate.)
  B. Open hearings. Each hearing conducted by the Committee, 
or any Subcommittee thereof, shall be open to the public, 
except that a hearing or series of hearings 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 clauses (1) through (6) below would require 
the hearing to be closed, followed immediately by a record 
vote in open session by a majority of the Committee or 
Subcommittee members when it is determined that the matters 
to be discussed or the testimony to be taken at such hearing 
or hearings--
  (1) will disclose matters necessary to be kept secret in 
the interests of national defense or the confidential 
conduct of foreign relations of the United States;
  (2) will relate solely to matters of Committee or 
Subcommittee staff personnel or internal staff management or 
procedure;
  (3) will tend to charge an individual with crime or 
misconduct, to disgrace or injure the professional standing 
of an individual, or otherwise expose an individual to 
public contempt or obloquy or will represent a clearly 
unwarranted invasion of the privacy of an individual;
  (4) will disclose the identity of an 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 interests of 
effective law enforcement;
  (5) will disclose information relating to the trade 
secrets of financial or commercial information pertaining 
specifically to a given person if--
       (A) an Act of Congress requires the information to be 
    kept confidential by Government officers and employees; 
    or
       (B) 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
  (6) may divulge matters required to be kept confidential 
under other provisions of law or Government regulations. 
(Rule XXVI, Sec. 5(b), Standing Rules of the Senate.)
  Notwithstanding the foregoing, whenever disorder arises 
during a Committee or Subcommittee meeting that is open to 
the public, or any demonstration of approval or disapproval 
is indulged in by any person in attendance at any such 
meeting, it shall be the duty of the chairman to enforce 
order on his own initiative and without any point of order 
being made by a member of the Committee or Subcommittee; 
provided, further, that when the chairman finds it necessary 
to maintain order, he shall have the power to clear the 
room, and the Committee or Subcommittee may act in closed 
session for so long as there is doubt of the assurance of 
order. (Rule XXVI, Sec. 5(d), Standing Rules of the Senate.)
  C. Full Committee subpoenas. 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 or deposition, provided that the 
chairman may subpoena attendance or production without the 
approval of the ranking minority member where the chairman 
or a staff officer designated by him has not received 
notification from the ranking minority member or a staff 
officer designated by him 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 subsection, 
the subpoena may be authorized by vote of the members of the 
Committee. 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.
  D. Witness counsel. Counsel retained by any witness and 
accompanying such witness shall be permitted to be present 
during the testimony of such witness at any public or 
executive hearing or deposition to advise such witness while 
he or she is testifying, of his or her legal rights; 
provided, however, that in the case of any witness who is an 
officer or employee of the government, or of a corporation 
or association, the Committee 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 interrogation by staff or during 
testimony before the Committee by personal counsel not from 
the government, corporation, or association or by personal 
counsel not representing other witnesses. This subsection 
shall not be construed to excuse a witness from testifying 
in the event his counsel is ejected for conducting himself 
in such manner so as to prevent, impede, disrupt, obstruct 
or interfere with the orderly administration of the 
hearings; nor shall this subsection be construed as 
authorizing counsel to coach the witness or answer for the 
witness. The failure of any witness to secure counsel shall 
not excuse such witness from complying with a subpoena or 
deposition notice.
  E. Witness transcripts. An accurate electronic or 
stenographic record shall be kept of the testimony of all 
witnesses in executive and public hearings. The record of 
his or her testimony whether in public or executive session 
shall be made available for inspection by the witness or his 
or her 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 any witness at his or her 
expense if he or she so requests. Upon inspecting his or her 
transcript, within a time limit set by the chief clerk of 
the Committee, a witness may request changes in the 
transcript to correct errors of transcription and 
grammatical errors; the chairman or a staff officer 
designated by him shall rule on such requests.
  F. Impugned persons. Any person whose name is mentioned or 
is specifically identified, and who believes that evidence 
presented, or comment made by a member of the Committee or 
staff officer, at a public hearing or at a closed hearing 
concerning which there have been public reports, tends to 
impugn his or her character or adversely affect his or her 
reputation may:
       (a) File a sworn statement of facts relevant to the 
    evidence or comment, which statement shall be considered 
    for placement in the hearing record by the Committee;
       (b) Request the opportunity to appear personally 
    before the Committee to testify in his or her own 
    behalf, which request shall be considered by the 
    Committee; and
       (c) Submit questions in writing which he or she 
    requests be used for the cross-examination of other 
    witnesses called by the Committee, which questions shall 
    be considered for use by the Committee.
  G. Radio, television, and photography. The Committee, or 
any Subcommittee thereof, may permit the proceedings of 
hearings which are open to the public to be photographed and 
broadcast by radio, television or both, subject to such 
conditions as the Committee, or Subcommittee, may impose. 
(Rule XXVI, Sec. 5(c), Standing Rules of the Senate.)
  H. Advance statements of witnesses. A witness appearing 
before the Committee, or any Subcommittee thereof, shall 
provide 100 copies of a written statement and an executive 
summary or synopsis of his proposed testimony at least 48 
hours prior to his appearance. This requirement may be 
waived by the chairman and the ranking minority member 
following their determination that there is good cause for 
failure of compliance. (Rule XXVI, Sec. 4(b), Standing Rules 
of the Senate.)
  I. Minority witnesses. In any hearings conducted by the 
Committee, or any Subcommittee thereof, the minority members 
of the Committee or Subcommittee shall be entitled, upon 
request to the chairman by a majority of the minority 
members, to call witnesses of their selection during at 
least 1 day of such hearings. (Rule XXVI, Sec. 4(d), 
Standing Rules of the Senate.)
  J. Full Committee depositions. Depositions may be taken 
prior to or after a hearing as provided in this subsection.
  (1) Notices for the taking of depositions shall be 
authorized and issued by the chairman, with the approval of 
the ranking minority member of the Committee, provided that 
the chairman may initiate depositions without the approval 
of the ranking minority member where the chairman or a staff 
officer designated by him has not received notification from 
the ranking minority member or a staff officer designated by 
him of disapproval of the deposition within 72 hours, 
excluding Saturdays and Sundays, of being notified of the 
deposition notice. If a deposition notice is disapproved by 
the ranking minority member as provided in this subsection, 
the deposition notice may be authorized by a vote of the 
members of the Committee. Committee deposition notices shall 
specify a time and place for examination, and the name of 
the Committee member or members or staff officer or officers 
who will take the deposition. Unless otherwise specified, 
the deposition shall be in private. The Committee shall not 
initiate procedures leading to criminal or civil enforcement 
proceedings for a witness' failure to appear or produce 
unless the deposition notice was accompanied by a Committee 
subpoena.
  (2) Witnesses may be accompanied at a deposition by 
counsel to advise them of their legal rights, subject to the 
provisions of Rule 5D.
  (3) Oaths at depositions may be administered by an 
individual authorized by local law to administer oaths. 
Questions shall be propounded orally by Committee member or 
members or staff. If a witness objects to a question and 
refuses to testify, the objection shall be noted for the 
record and the Committee member or members or staff may 
proceed with the remainder of the deposition.
  (4) The Committee shall see that the testimony is 
transcribed or electronically recorded (which may include 
audio or audio/video recordings). If it is transcribed, the 
transcript shall be made available for inspection by the 
witness or his or her counsel under Committee supervision. 
The witness shall sign a copy of the transcript and may 
request changes to it, which shall be handled in accordance 
with the procedure set forth in subsection (E). If the 
witness fails to sign a copy, the staff shall note that fact 
on the transcript. The individual administering the oath 
shall certify on the transcript that the witness was duly 
sworn in his presence, the transcriber shall certify that 
the transcript is a true record of the testimony, and the 
transcript shall then be filed with the chief clerk of the 
Committee. The chairman or a staff officer designated by him 
may stipulate with the witness to changes in the procedure; 
deviations from this procedure which do not substantially 
impair the reliability of the record shall not relieve the 
witness from his or her obligation to testify truthfully.
           RULE 6. COMMITTEE REPORTING PROCEDURES
  A. Timely filing. When the Committee has ordered a measure 
or matter reported, following final action the report 
thereon shall be filed in the Senate at the earliest 
practicable time. (Rule XXVI, Sec. 10(b), Standing Rules of 
the Senate.)
  B. Supplemental, minority, and additional views. A member 
of the Committee who gives notice of his intention to file 
supplemental, minority or additional views at the time of 
final Committee approval of a measure or matter, shall be 
entitled to not less than 3 calendar days in which to file 
such views, in writing, with the chief clerk of the 
Committee. Such views shall then be included in the 
Committee report and printed in the same volume, as a part 
thereof, and their inclusion shall be noted on the cover of 
the report. In the absence of timely notice, the Committee 
report may be filed and printed immediately without such 
views. (Rule XXVI, Sec. 10(c), Standing Rules of the 
Senate.)
  C. Notice by Subcommittee chairmen. The chairman of each 
Subcommittee shall notify the chairman in writing whenever 
any measure has been ordered reported by such Subcommittee 
and is ready for consideration by the full Committee.
  D. Draft reports of Subcommittees. All draft reports 
prepared by Subcommittees of this Committee on any measure 
or matter referred to it by the chairman, shall be in the 
form, style, and arrangement required to conform to the 
applicable provisions of the Standing Rules of the Senate, 
and shall be in accordance with the established practices 
followed by the Committee. Upon completion of such draft 
reports, copies thereof shall be filed with the chief clerk 
of the Committee at the earliest practicable time.
  E. Impact statements in reports. All Committee reports, 
accompanying a bill or joint resolution of a public 
character reported by the Committee, shall contain (1) an 
estimate, made by the Committee, of the costs which would be 
incurred in carrying out the legislation for the then 
current fiscal year and for each of the next 5 years 
thereafter (or for the authorized duration of the proposed 
legislation, if less than 5 years); and (2) a comparison of 
such cost estimates with any made by a Federal agency; or 
(3) in lieu of such estimate or comparison, or both, a 
statement of the reasons for failure by the Committee to 
comply with these requirements as impracticable, in the 
event of inability to comply therewith. (Rule XXVI, Sec. 
11(a), Standing Rules of the Senate.)
  Each such report shall also contain an evaluation, made by 
the Committee, of the regulatory impact which would be 
incurred in carrying out the bill or joint resolution. The 
evaluation shall include (a) an estimate of the numbers of 
individuals and businesses who would be regulated and a 
determination of the groups and classes of such individuals 
and businesses, (b) a determination of the economic impact 
of such regulation on the individuals, consumers, and 
businesses affected, (c) a determination of the impact on 
the personal privacy of the individuals affected, and (d) a 
determination of the amount of paperwork that will result 
from the regulations to be promulgated pursuant to the bill 
or joint resolution, which determination may include, but 
need not be limited to, estimates of the amount of time and 
financial costs required of affected parties, showing 
whether the effects of the bill or joint resolution could be 
substantial, as well as reasonable estimates of the 
recordkeeping requirements that may be associated with the 
bill or joint resolution. Or, in lieu of the forgoing 
evaluation, the report shall include a statement of the 
reasons for failure by the Committee to comply with these 
requirements as impracticable, in the event of inability to 
comply therewith. (Rule XXVI, Sec. 11(b), Standing Rules of 
the Senate.)
      RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE PROCEDURES
  A. Regularly establish Subcommittees. The Committee shall 
have three regularly established Subcommittees. The 
Subcommittees are as follows:
          PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
 OVERSIGHT OF GOVERNMENT MANAGEMENT, RESTRUCTURING AND THE 
                    DISTRICT OF COLUMBIA
 INTERNATIONAL SECURITY, PROLIFERATION AND FEDERAL SERVICES
  B. Ad hoc Subcommittees. Following consultation with the 
ranking minority member, the chairman shall, from time to 
time, establish such ad hoc Subcommittees as he deems 
necessary to expedite Committee business.
  C. Subcommittee membership. Following consultation with 
the majority members, and the ranking minority member of the 
Committee, the chairman shall announce selections for 
membership on the Subcommittees referred to in paragraphs A 
and B, above.
  D. Subcommittee meetings and hearings. Each Subcommittee 
of this Committee is authorized to establish meeting dates 
and adopt rules not inconsistent with the rules of the 
Committee except as provided in Rules 2(D) and 7(E).
  E. Subcommittee subpoenas. Each Subcommittee is authorized 
to adopt rules concerning subpoenas which need not be 
consistent with the rules of the Committee; provided, 
however, that in the event the Subcommittee authorizes the 
issuance of a subpoena pursuant to its own rules, a written 
notice of intent to issue the subpoena shall be provided to 
the chairman and ranking minority member of the Committee, 
or staff officers designated by them, by the Subcommittee 
chairman or a staff officer designated by him immediately 
upon such authorization, and no subpoena shall be issued for 
at least 48 hours, excluding Saturdays and Sundays, from 
delivery to the appropriate offices, unless the chairman and 
ranking minority member waive the 48 hour waiting period or 
unless the Subcommittee chairman certifies in writing to the 
chairman and ranking minority member that, in his opinion, 
it is necessary to issue a subpoena immediately.
  F. Subcommittee budgets. Each Subcommittee of this 
Committee, which requires authorization for the expenditure 
of funds for the conduct of inquiries and investigations, 
shall file with the chief clerk of the Committee, not later 
than January 10 of the first year of each new Congress, its 
request for funds for the two (2) 12-month periods beginning 
on March 1 and extending through and including the last day 
of February of the 2 following years, which years comprise 
that Congress. Each such request shall be submitted on the 
budget form prescribed by the Committee on Rules and 
Administration, and shall be accompanied by a written 
justification addressed to the chairman of the Committee, 
which shall include (1) a statement of the Subcommittee's 
area of activities, (2) its accomplishments during the 
preceding Congress detailed year by year, and (3) a table 
showing a comparison between (a) the funds authorized for 
expenditure during the preceding Congress detailed year by 
year, (b) the funds actually expended during that Congress 
detailed year by year, (c) the amount requested for each 
year of the Congress, and (d) the number of professional and 
clerical staff members and consultants employed by the 
Subcommittee during the preceding Congress detailed year by 
year and the number of such personnel requested for each 
year of the Congress. The chairman may request additional 
reports from the Subcommittees regarding their activities 
and budgets at any time during a Congress. (Rule XXVI, Sec. 
9, Standing Rules of the Senate.)
        RULE 8. CONFIRMATION STANDARDS AND PROCEDURES
  A. Standards. In considering a nomination, the Committee 
shall inquire into the nominee's experience, qualifications, 
suitability, and integrity to serve in the position to which 
he or she has been nominated. The Committee shall recommend 
confirmation, upon finding that the nominee has the 
necessary integrity and is affirmatively qualified by reason 
of training, education, or experience to carry out the 
functions of the office to which he or she was nominated.
  B. Information Concerning the Nominee. Each nominee shall 
submit the following information to the Committee:
       (1) A detailed biographical resume which contains 
    information relating to education, employment and 
    achievements;
       (2) Financial information, including a financial 
    statement which lists assets and liabilities of the 
    nominee and tax returns for the 3 years preceding the 
    time of his or her nomination, and copies of other 
    relevant documents requested by the Committee, such as a 
    proposed blind trust agreement, necessary for the 
    Committee's consideration; and,
       (3) Copies of other relevant documents the Committee 
    may request, such as responses to questions concerning 
    the policies and programs the nominee intends to pursue 
    upon taking office.
  At the request of the chairman or the ranking minority 
member, a nominee shall be required to submit a certified 
financial statement compiled by an independent auditor.
  Information received pursuant to this subsection shall be 
made available for public inspection; provided, however, 
that tax returns shall, after review by persons designated 
in subsection (C) of this rule, be placed under seal to 
ensure confidentiality.
  C. Procedures for Committee inquiry. The Committee shall 
conduct an inquiry into the experience, qualifications, 
suitability, and integrity of nominees, and shall give 
particular attention to the following matters:
       (1) A review of the biographical information provided 
    by the nominee, including, but not limited to, any 
    professional activities related to the duties of the 
    office to which he or she is nominated;
       (2) A review of the financial information provided by 
    the nominee, including tax returns for the 3 years 
    preceding the time of his or her nomination;
       (3) A review of any actions, taken or proposed by the 
    nominee, to remedy conflicts of interest; and
       (4) A review of any personal or legal matter which 
    may bear upon the nominee's qualifications for the 
    office to which he or she is nominated.
  For the purpose of assisting the Committee in the conduct 
of this inquiry, a majority investigator or investigators 
shall be designated by the chairman and a minority 
investigator or investigators shall be designated by the 
ranking minority member. The chairman, ranking minority 
member, other members of the Committee and designated 
investigators shall have access to all investigative reports 
on nominees prepared by any Federal agency, except that only 
the chairman, the ranking minority member, or other members 
of the Committee, upon request, shall have access to the 
report of the Federal Bureau of Investigation. The Committee 
may request the assistance of the General Accounting Office 
and any other such expert opinion as may be necessary in 
conducting its review of information provided by nominees.
  D. Report on the Nominee. After a review of all 
information pertinent to the nomination, a confidential 
report on the nominee shall be made by the designated 
investigators to the chairman and the ranking minority 
member and, upon request, to any other member of the 
Committee. The report shall summarize the steps taken by the 
Committee during its investigation of the nominee and 
identify any unresolved or questionable matters that have 
been raised during the course of the inquiry.
  E. Hearings. The Committee shall conduct a public hearing 
during which the nominee shall be called to testify under 
oath on all matters relating to his or her suitability for 
office, including the policies and programs which he or she 
will pursue while in that position. No hearing shall be held 
until at least 72 hours after the following events have 
occurred: The nominee has responded to pre-hearing questions 
submitted by the Committee; and the report required by 
subsection (D) has been made to the chairman and ranking 
minority member, and is available to other members of the 
Committee, upon request.
  F. Action on confirmation. A mark-up on a nomination shall 
not occur on the same day that the hearing on the nominee is 
held. In order to assist the Committee in reaching a 
recommendation on confirmation, the staff may make an oral 
presentation to the Committee at the mark-up, factually 
summarizing the nominee's background and the steps taken 
during the pre-hearing inquiry.
  G. Application. The procedures contained in subsections 
(C), (D), (E), and (F) of this rule shall apply to persons 
nominated by the President to positions requiring their 
full-time service. At the discretion of the chairman and 
ranking minority member, those procedures may apply to 
persons nominated by the President to serve on a part-time 
basis.
     RULE 9. PERSONNEL ACTIONS AFFECTING COMMITTEE STAFF
  In accordance with Rule XLII of the Standing Rules of the 
Senate and the Congressional Accountability Act of 1995 
(P.L. 104-1), all personnel actions affecting the staff of 
the Committee shall be made free from any discrimination 
based on race, color, religion, sex, national origin, age, 
state of physical handicap, or disability.
    
    
     SENATE RESOLUTION 54, 107th CONGRESS, 1st SESSION 
          (CONSIDERED AND AGREED TO MARCH 8, 2001)
AUTHORIZING EXPENDITURES BY COMMITTEES OF THE SENATE FOR THE 
PERIODS MARCH 1, 2001 THROUGH SEPTEMBER 30, 2001, OCTOBER 1, 
   2001, THROUGH SEPTEMBER 30, 2002, AND OCTOBER 1, 2002, 
                  THROUGH FEBRUARY 28, 2003
            
         SEC. 11. COMMITTEE ON GOVERNMENTAL AFFAIRS
  (a) General Authority.--In carrying out its powers, 
duties, and functions under the Standing Rules of the 
Senate, in accordance with its jurisdiction under rule XXV 
of such rules, including holding hearings, reporting such 
hearings, and making investigations as authorized by 
paragraphs 1 and 8 of rule XXVI of the Standing Rules of the 
Senate, the Committee on Governmental Affairs is authorized 
from March 1, 2001, through February 28, 2003, in its 
discretion--
    (1) to make expenditures from the contingent fund of the 
Senate;
    (2) to employ personnel; and
    (3) with the prior consent of the Government department 
or agency concerned and the Committee on Rules and 
Administration to use, on a reimbursable, or 
nonreimbursable, basis the services of personnel of any such 
department or agency.
  (b) Expenses for Period Ending September 30, 2001.--The 
expenses of the committee for the period March 1, 2001, 
through September 30, 2001, under this section shall not 
exceed $4,380,936, of which amount--
    (1) not to exceed $75,000, may be expended for the 
procurement of the services of individual consultants, or 
organizations thereof (as authorized by section 202(i) of 
the Legislative Reorganization Act of 1946 (2 U.S.C. 
72a(i))); and
    (2) not to exceed $20,000, may be expended for the 
training of the professional staff of such committee (under 
procedures specified by section 202(j) of that Act).
  (c) Expenses for Fiscal Year 2002 Period.--The expenses of 
the committee for the period October 1, 2001, through 
September 30, 2002, under this section shall not exceed 
$7,771,451, of which amount--
    (1) not to exceed $75,000, may be expended for the 
procurement of the services of individual consultants, or 
organizations thereof (as authorized by section 202(i) of 
the Legislative Reorganization Act of 1946 (2 U.S.C. 
72a(i))); and
    (2) not to exceed $20,000, may be expended for the 
training of the professional staff of such committee (under 
procedures specified by section 202(j) of that Act).
  (d) Expenses for Period Ending February 28, 2003.--For the 
period October 1, 2002, through February 28, 2003, expenses 
of the committee under this section shall not exceed 
$3,323,832, of which amount--
    (1) not to exceed $75,000, may be expended for the 
procurement of the services of individual consultants, or 
organizations thereof (as authorized by section 202(i) of 
the Legislative Reorganization Act of 1946); and
    (2) not to exceed $20,000, may be expended for the 
training of the professional staff of the committee (under 
procedures specified by section 202(j) of that Act).
  (e) Investigations.--
    (1) In General.--The committee, or any duly authorized 
subcommittee of the committee, is authorized to study or 
investigate--
      (A) the efficiency and economy of operations of all 
branches of the Government including the possible existence 
of fraud, misfeasance, malfeasance, collusion, 
mismanagement, incompetence, corruption, or unethical 
practices, waste, extravagance, conflicts of interest, and 
the improper expenditure of Government funds in 
transactions, contracts, and activities of the Government or 
of Government officials and employees and any and all such 
improper practices between Government personnel and 
corporations, individuals, companies, or persons affiliated 
therewith, doing business with the Government; and the 
compliance or noncompliance of such corporations, companies, 
or individuals or other entities with the rules, 
regulations, and laws governing the various governmental 
agencies and its relationships with the public;
      (B) the extent to which criminal or other improper 
practices or activities are, or have been, engaged in the 
field of labor-management relations or in groups or 
organizations of employees or employers, to the detriment of 
interests of the public, employers, or employees, and to 
determine whether any changes are required in the laws of 
the United States in order to protect such interests against 
the occurrence of such practices or activities;
      (C) organized criminal activity which may operate in 
or otherwise utilize the facilities of interstate or 
international commerce in furtherance of any transactions 
and the manner and extent to which, and the identity of the 
persons, firms, or corporations, or other entities by whom 
such utilization is being made, and further, to study and 
investigate the manner in which and the extent to which 
persons engaged in organized criminal activity have 
infiltrated lawful business enterprise, and to study the 
adequacy of Federal laws to prevent the operations of 
organized crime in interstate or international commerce; and 
to determine whether any changes are required in the laws of 
the United States in order to protect the public against 
such practices or activities;
      (D) all other aspects of crime and lawlessness within 
the United States which have an impact upon or affect the 
national health, welfare, and safety; including but not 
limited to investment fraud schemes, commodity and security 
fraud, computer fraud, and the use of offshore banking and 
corporate facilities to carry out criminal objectives;
      (E) the efficiency and economy of operations of all 
branches and functions of the Government with particular 
reference to--
        (i) the effectiveness of present national security 
methods, staffing, and processes as tested against the 
requirements imposed by the rapidly mounting complexity of 
national security problems;
        (ii) the capacity of present national security 
staffing, methods, and processes to make full use of the 
Nation's resources of knowledge and talents;
        (iii) the adequacy of present intergovernmental 
relations between the United States and international 
organizations principally concerned with national security 
of which the United States is a member; and
        (iv) legislative and other proposals to improve 
these methods, processes, and relationships;
      (F) the efficiency, economy, and effectiveness of all 
agencies and departments of the Government involved in the 
control and management of energy shortages including, but 
not limited to, their performance with respect to--
        (i) the collection and dissemination of accurate 
statistics on fuel demand and supply;
        (ii) the implementation of effective energy 
conservation measures;
        (iii) the pricing of energy in all forms;
        (iv) coordination of energy programs with State and 
local government;
        (v) control of exports of scarce fuels;
        (vi) the management of tax, import, pricing, and 
other policies affecting energy supplies;
        (vii) maintenance of the independent sector of the 
petroleum industry as a strong competitive force;
        (viii) the allocation of fuels in short supply by 
public and private entities;
        (ix) the management of energy supplies owned or 
controlled by the Government;
        (x) relations with other oil producing and consuming 
countries;
        (xi) the monitoring of compliance by governments, 
corporations, or individuals with the laws and regulations 
governing the allocation, conservation, or pricing of energy 
supplies; and
        (xii) research into the discovery and development of 
alternative energy supplies; and
      (G) the efficiency and economy of all branches and 
functions of Government with particular references to the 
operations and management of Federal regulatory policies and 
programs.
  (2) Extent of inquiries.--In carrying out the duties 
provided in paragraph (1), the inquiries of this committee 
or any subcommittee of the committee shall not be construed 
to be limited to the records, functions, and operations of 
any particular branch of the Government and may extend to 
the records and activities of any persons, corporation, or 
other entity.
  (3) Special committee authority.--For the purposes of this 
subsection, the committee, or any duly authorized 
subcommittee of the committee, or its chairman, or any other 
member of the committee or subcommittee designated by the 
chairman, from March 1, 2001, through February 28, 2003, is 
authorized, in its, his, or their discretion--
    (A) to require by subpoena or otherwise the attendance 
of witnesses and production of correspondence, books, 
papers, and documents;
    (B) to hold hearings;
    (C) to sit and act at any time or place during the 
sessions, recess, and adjournment periods of the Senate;
    (D) to administer oaths; and
    (E) to take testimony, either orally or by sworn 
statement, or, in the case of staff members of the Committee 
and the Permanent Subcommittee on Investigations, by 
deposition in accordance with the Committee Rules of 
Procedure.
  (4) Authority of other committees.--Nothing in this 
subsection shall affect or impair the exercise of any other 
standing committee of the Senate of any power, or the 
discharge by such committee of any duty, conferred or 
imposed upon it by the Standing Rules of the Senate or by 
the Legislative Reorganization Act of 1946.
  (5) Subpoena authority.--All subpoenas and related legal 
processes of the committee and its subcommittee authorized 
under S. Res. 189, agreed to September 29, 1999 (106th 
Congress) are authorized to continue.

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