[Senate Prints 109-21]
[From the U.S. Government Publishing Office]



                                              S. Prt. 109-21

                       COMMITTEE PRINT
 
                     Rules of Procedure

                           of the

               COMMITTEE ON HOMELAND SECURITY

                  AND GOVERNMENTAL AFFAIRS


                    United States Senate




[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]





                         MARCH 2005

           PRINTED FOR THE USE OF THE COMMITTEE ON
         HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
____________________________________________________________
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     COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
              SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska               JOSEPH I. LIEBERMAN, 
GEORGE V. VOINOVICH, Ohio           Connecticut
NORM COLEMAN, Minnesota           CARL LEVIN, Michigan
TOM COBURN, Oklahoma              DANIEL K. AKAKA, Hawaii
LINCOLN D. CHAFEE, Rhode Island   THOMAS R. CARPER, Deleware
ROBERT F. BENNETT, Utah           MARK DAYTON, Minnesota
PETE V. DOMENICI, New Mexico      FRANK LAUTENBERG, New 
JOHN W. WARNER, Virginia            Jersey
                                  MARK PRYOR, Arkansas

      Michael D. Bopp, Staff Director and Chief Counsel
 Joyce A. Rechtschaffen, Minority Staff Director and Counsel
                Amy B. Newhouse, Chief Clerk
                              (ii)














                       C O N T E N T S

                        -----------

Rules of procedure adopted by the Committee on Homeland Security 
 and 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. 50 (funding and jurisdiction of the Committee)............ 29
                              (iii)
                               
RULES OF PROCEDURE OF THE COMMITTEE ON HOMELAND SECURITY AND 
                    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/she 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 or her 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/she 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 or she is being recorded and has affirmatively 
requested that he or she 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 or her 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/her, 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 or she shall designate a temporary 
Chairman to act in his or her place if he or she is unable 
to be present at a scheduled meeting or hearing. If the 
Chairman (or his or her 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 HEARING 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 or her 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 or she 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/her has not received 
notification from the Ranking Minority Member or a staff 
officer designated by him/her 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 or her counsel is ejected for conducting 
himself or herself 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/her 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 or her proposed testimony at 
least 48 hours prior to his or her 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/her has not received notification 
from the Ranking Minority Member or a staff officer 
designated by him/her 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 or her 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/her 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 or her 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 established Subcommittees. The Committee 
shall have three regularly established Subcommittees. The 
Subcommittees are as follows:
          PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
 OVERSIGHT OF GOVERNMENT MANAGEMENT, THE FEDERAL WORKFORCE, 
                AND THE DISTRICT OF COLUMBIA
 FEDERAL FINANCIAL MANAGEMENT, GOVERNMENT INFORMATION, AND 
                   INTERNATIONAL SECURITY
  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/she 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/her 
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 or her opinion, it is necessary to issue a subpoena 
immediately.
  F. Subcommittee budgets. During the first year of a new 
Congress, each Subcommittee that requires authorization for 
the expenditure of funds for the conduct of inquiries and 
investigations, shall file with the chief clerk of the 
Committee, by a date and time prescribed by the Chairman, 
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, in such specificity as the 
Committee deems necessary, including a list of 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 in the case of judicial 
nominees and may be made in the case of non-judicial 
nominees 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 the results of the Committee inquiry, including 
any unresolved 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 prehearing questions 
submitted by the Committee; and, if applicable, the report 
described in 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 50, 109th CONGRESS, 1st SESSION 
        (CONSIDERED AND AGREED TO FEBRUARY 17, 2005)
AUTHORIZING EXPENDITURES BY COMMITTEES OF THE SENATE FOR THE 
 PERIODS MARCH 1, 2005, THROUGH SEPTEMBER 30, 2005, OCTOBER 
 1, 2005, THROUGH SEPTEMBER 30, 2006, AND OCTOBER 1, 2006, 
                  THROUGH FEBRUARY 28, 2007
                              
  SEC. 11. COMMITTEE ON HOMELAND SECURITY AND 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 Homeland Security and Governmental 
Affairs (referred to in this resolution as the 
``committee'') is authorized from March 1, 2005, through 
February 28, 2007, 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, 2005.--The 
expenses of the committee for the period March 1, 2005, 
through September 30, 2005, under this section shall not 
exceed $5,112,891, 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 2006 Period.--The expenses of 
the committee for the period October 1, 2005, through 
September 30, 2006, under this section shall not exceed 
$8,977,796, 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, 2007.--For the 
period October 1, 2006, through February 28, 2007, expenses 
of the committee under this section shall not exceed 
$3,821,870, 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 such 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 
inves-tigate--
      (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, 2005, through February 28, 2007, is 
authorized, in its, his or her, 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 contained 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. 66, agreed to February 26, 2003 (108th 
Congress) are authorized to continue.



      U.S. GOVERNMENT PRINTING OFFICE : 2005  99-760 (F1406)
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