[Senate Prints 117-7]
[From the U.S. Government Publishing Office]






                                               S. Prt. 117-7

                       COMMITTEE PRINT

                     Rules of Procedure

                           of the

               COMMITTEE ON HOMELAND SECURITY

                  AND GOVERNMENTAL AFFAIRS


                    United States Senate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 


                         MARCH 2021

           PRINTED FOR THE USE OF THE COMMITTEE ON
         HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
         
         




                                               S. Prt. 117-7

                       COMMITTEE PRINT
                       
 
                     Rules of Procedure

                           of the

               COMMITTEE ON HOMELAND SECURITY

                  AND GOVERNMENTAL AFFAIRS


                    United States Senate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 


                         MARCH 2021

           PRINTED FOR THE USE OF THE COMMITTEE ON
         HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
         


     COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
             GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware        ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire      RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona           RAND PAUL, Kentucky
JACKY ROSEN, Nevada               JAMES LANKFORD, Oklahoma
ALEX PADILLA, California          MITT ROMNEY, Utah
JON OSOFF, Georgia                RICK SCOTT, Florida
                                  JOSH HAWLEY, Missouri

              David M. Weinberg, Staff Director
          Pamela Thiessen, Minority Staff Director
               Laura W. Kilbride, 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. Presiding at meetings and hearings...................... 10
  Rule 5. Hearings and hearing procedures......................... 11
  Rule 6. Committee reporting procedures.......................... 20
  Rule 7. Committee confidentiality............................... 22
  Rule 8. Subcommittees and Subcommittee procedures............... 23
  Rule 9. Confirmation standards and procedures................... 26
  Rule 10. Personnel actions affecting Committee staff............ 30
  Rule 11. Apprisal of Committee business......................... 30
  Rule 12. Per Diem for Foreign Travel............................ 30
S. Res. 70 (funding and jurisdiction of the Committee)............ 31
                                 (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 Wednesday of each month, when the 
Congress is in session, or at such other times as the Chair 
shall determine. Additional meetings may be called by the 
Chair as the Chair 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 Chair to call a special 
meeting, they may file in the offices of the Committee a 
written request therefor, addressed to the Chair. 
Immediately thereafter, the clerk of the Committee shall 
notify the Chair of such request. If, within 3 calendar days 
after the filing of such request, the Chair 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 
chief 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 5 calendar 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 sufficient 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 Chair to enforce order 
on the Chair's own initiative and without any point of order 
being made by a Member of the Committee or Subcommittee; 
provided, further, that when the Chair finds it necessary to 
maintain order, the Chair 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. 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, by no 
later than 4:00 p.m. two calendar days before the meeting of 
the Committee or Subcommittee at which the amendment is to 
be proposed, and, in the case of a first degree amendment in 
the nature of a substitute proposed by the manager of the 
measure, by no later than 5:00 p.m. five calendar days 
before the meeting. 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, or by consent of the Chair and 
Ranking Minority Member of the Committee or Subcommittee. 
This subsection shall apply only when at least 5 calendar 
days 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 subpoenas or 
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, matters, and routine business before the 
Committee, or any Subcommittee thereof, provided:
  (1)When the Committee, or any Subcommittee thereof, is 
voting to report a measure or matter, proxy votes shall be 
allowed solely for the purpose of recording a Member's 
position on the pending question. Proxy votes are not 
included in the vote tally when reporting the measure or 
matter.
  (2) Proxy voting shall be allowed only if the absent 
Committee or Subcommittee Member has been informed of the 
matter on which the Member is being recorded and has 
affirmatively requested that the vote be so recorded.
  (3) 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 the 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 Chair, or a Committee Member or staff officer 
designated by the Chair, 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.
  F. Naming postal facilities. The Committee will not 
consider any legislation that would name a postal facility 
for a living person with the exception of bills naming 
facilities after former Presidents and Vice Presidents of 
the United States, former Members of Congress over 70 years 
of age, former State or local elected officials over 70 
years of age, former judges over 70 years of age, or wounded 
veterans. The Committee will not consider legislation that 
would name a postal facility unless it has the support of 
both Senators in the delegation of the state in which the 
facility is located.
  G. Technical and conforming changes. A Committee vote to 
report a measure to the Senate shall also authorize the 
Committee Chair and Ranking Member by mutual agreement to 
make any required technical and conforming changes to the 
measure.
         RULE 4. PRESIDING AT MEETINGS AND HEARINGS
  The Chair shall preside at all Committee meetings and 
hearings except that the Chair shall designate a temporary 
Chair to act in the Chair's place if the Chair is unable to 
be present at a scheduled meeting or hearing. If the Chair 
(or a designee) is absent 10 minutes after the scheduled 
time set for a meeting or hearing, the Ranking Majority 
Member present shall preside until the Chair's arrival. If 
there is no Member of the Majority present, the Ranking 
Minority Member present, with the prior approval of the 
Chair, 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 5 calendar days 
in advance of such hearing, excluding Saturdays, Sundays, 
and legal holidays in which the Senate is not in session, 
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 Chair to enforce order 
on the Chair's own initiative and without any point of order 
being made by a Member of the Committee or Subcommittee; 
provided, further, that when the Chair finds it necessary to 
maintain order, the Chair 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 Chair, with the approval 
of the Ranking Minority Member of the Committee, is 
authorized to subpoena the attendance of witnesses at a 
hearing or deposition or the production of memoranda, 
documents, records, or any other materials. The Chair may 
subpoena attendance or production without the approval of 
the Ranking Minority Member where the Chair has not received 
a letter of disapproval signed by the Ranking Minority 
Member within 3 calendar days, excluding Saturdays, Sundays, 
and legal holidays in which the Senate is not in session, of 
the Ranking Minority Member's receipt of a letter signed by 
the Chair providing notice of the Chair's intent to issue a 
subpoena, including an identification of all individuals and 
items sought to be subpoenaed. Delivery and receipt of the 
signed notice and signed disapproval letters and any 
additional communications related to the subpoena may be 
carried out by staff officers of the Chair and Ranking 
Minority Member, and may occur through electronic mail. 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 Chair authorizes subpoenas, subpoenas may be issued upon 
the signature of the Chair or any other Member of the 
Committee designated by the Chair.
  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 
the witness is testifying, of the witness's 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 Chair 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 the witness's counsel is ejected for conduct 
that prevents, impedes, disrupts, obstructs, or interferes 
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 a 
witness's testimony whether in public or executive session 
shall be made available for inspection by the witness or the 
witness's counsel under Committee supervision; a copy of any 
testimony given in public session or that part of the 
testimony given by the witness in executive session and 
subsequently quoted or made part of the record in a public 
session shall be provided to any witness at the witness's 
expense if the witness so requests. Upon inspecting that 
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 Chair or a staff officer designated 
by the Chair 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 the person's character or adversely affect the 
person's 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 the person's own behalf, which 
request shall be considered by the Committee; and
    (c) Submit questions in writing which the person 
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 electronically a written statement of the witness's 
proposed testimony at least 2 calendar days prior to the 
witness' appearance, excluding Saturdays, Sundays, and legal 
holidays in which the Senate is not in session. This 
requirement may be waived by the Chair 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. Selection of hearing witnesses. In any hearing 
conducted by the Committee, or any Subcommittee thereof, the 
Chair and Ranking Minority Member shall consult and seek 
agreement on the selection of witnesses. Should the Chair 
and Ranking Minority Member not reach agreement on the 
selection of witnesses and the Chair has selected non-
government witnesses, the Ranking Minority Member is 
entitled to select at least one non-government witness. The 
Chair will set the total number of non-government witnesses 
with the Ranking Minority Member entitled to select an equal 
number of non-government witnesses, where the total number 
of non-government witnesses is an even number, or to select 
one less witness than the Chair, where the total number of 
non-government witnesses is an odd number.
  J. Swearing in witnesses. In any hearings conducted by the 
Committee, the Chair or the Chair's designee may swear in 
each witness prior to their testimony.
  K. 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 Chair, with the approval of the 
Ranking Minority Member of the Committee. The Chair may 
initiate depositions without the approval of the Ranking 
Minority Member where the Chair has not received a letter of 
disapproval of the deposition notice signed by the Ranking 
Minority Member within 3 calendar days, excluding Saturdays, 
Sundays, and legal holidays in which the Senate is not in 
session, of the Ranking Minority Member's receipt of a 
letter signed by the Chair providing notification of the 
Chair's intent to issue a deposition notice, including 
identification of all individuals sought to be deposed. 
Delivery and receipt of the signed notification letter and 
signed disapproval letter and any additional communications 
related to the deposition may be carried out by staff 
officers of the Chair and Ranking Member, and may occur 
through electronic mail. 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 a 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 or 
audio/video recordings). If it is transcribed, the 
transcript shall be made available for inspection by the 
witness or the witness's 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 their 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 Chair or a staff officer 
designated by the Chair 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 the witness's 
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 an 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 excluding 
Saturdays, Sundays, and legal holidays in which the Senate 
is not in session, 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 Chair of each 
Subcommittee shall notify the Chair 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 Chair 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. COMMITTEE CONFIDENTIALITY
  Any Senator, officer, or employee of the Senate who shall 
disclose the secret or confidential business or proceedings 
of the Senate, including the business and proceedings of the 
committees, subcommittees, and offices of the Senate, shall 
be liable, if a Senator, to suffer expulsion from the body; 
and if an officer or employee, to dismissal from the service 
of the Senate, and to punishment for contempt. (Rule XXIX, 
Sec. 5, Standing Rules of the Senate.)
      RULE 8. 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
              SUBCOMMITTEE ON EMERGING THREATS
                   AND SPENDING OVERSIGHT
                 SUBCOMMITTEE ON GOVERNMENT
              OPERATIONS AND BORDER MANAGEMENT
  B. Ad hoc Subcommittees. Following consultation with the 
Ranking Minority Member, the Chair shall, from time to time, 
establish such ad hoc Subcommittees as the Chair deems 
necessary to expedite Committee business.
  C. Subcommittee membership. Following consultation with 
the Majority Members, and the Ranking Minority Member of the 
Committee, the Chair shall announce selections for 
membership on the Subcommittees referred to in paragraphs A 
and B, above.
  (1) The Chair and Ranking Minority Member shall serve as 
nonvoting ex officio members of the subcommittees on which 
they do not serve as voting members.
  (2) Any Member of the Committee may attend hearings held 
by any subcommittee and question witnesses testifying before 
that Subcommittee, subject to the approval of the 
Subcommittee Chair and Ranking Member.
  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 8(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:
  (1) A written notice of intent to issue the subpoena shall 
be provided to the Chair and Ranking Minority Member of the 
Committee, or staff officers designated by them, by the 
Subcommittee Chair or a staff officer designated by the 
Subcommittee Chair immediately upon such authorization, and 
no subpoena shall be issued for at least 2 calendar days, 
excluding Saturdays, Sundays, and legal holidays in which 
the Senate is not in session, from delivery to the 
appropriate offices, unless the Chair and Ranking Minority 
Member waive the notice period or unless the Subcommittee 
Chair certifies in writing to the Chair and Ranking Minority 
Member that, in the Subcommittee Chair's 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 Chair, 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 Chair 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 Chair 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 9. 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 
the nominee 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 the nominee 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 the person's 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) (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 Chair 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 the 
person is nominated;
    (2) A review of the financial information provided by 
the nominee, including tax returns for the 3 years preceding 
the time of the person's 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 the person 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 
Chair and a Minority investigator or investigators shall be 
designated by the Ranking Minority Member. The Chair, 
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, including access to the report of the Federal Bureau 
of Investigation. The Committee may request the assistance 
of the U.S. Government Accountability 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 Chair 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 the nominee's suitability 
for office, including the policies and programs which the 
nominee will pursue while in that position. No hearing shall 
be held until at least 3 calendar days 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 Chair 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 prehearing 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 Chair and 
Ranking Minority Member, those procedures may apply to 
persons nominated by the President to serve on a part-time 
basis.
    RULE 10. 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.
           RULE 11. APPRISAL OF COMMITTEE BUSINESS
  The Chair and Ranking Minority Member shall keep each 
other apprised of hearings, investigations, and other 
Committee business.
            RULE 12. PER DIEM FOR FOREIGN TRAVEL
  A per diem allowance provided a Member of the Committee or 
staff of the Committee in connection with foreign travel 
shall be used solely for lodging, food, and related expenses 
and it is the responsibility of the Member of the Committee 
or staff of the Committee receiving such an allowance to 
return to the United States Government that portion of the 
allowance received which is not actually used for necessary 
lodging, food, and related expenses. (Rule XXXIX, Paragraph 
3, Standing Rules of the Senate.)
                               
     SENATE RESOLUTION 70, 117th CONGRESS, 1st SESSION 
        (CONSIDERED AND AGREED TO FEBRUARY 24, 2021)
AUTHORIZING EXPENDITURES BY COMMITTEES OF THE SENATE FOR THE 
      PERIODS MARCH 1, 2021 THROUGH FEBRUARY 28, 2023.
                              
  SEC. 12. 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 the Standing Rules of the Senate and S. Res. 445, agreed 
to October 9, 2004 (108th Congress), 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 is authorized from March 
1, 2021 through February 28, 2023, 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, 2019--The 
expenses of the committee for the period March 1, 2021, 
through September 30, 2021, under this section shall not 
exceed $6,430,401, 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. 
4301(i))); 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).
  (c) Expenses for Fiscal Year 2020 Period.--The expenses of 
the committee for the period October 1, 2021, through 
September 30, 2022, under this section shall not exceed 
$11,023,545, 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. 
4301(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, 2021.--The 
expenses of the committee for the period October 1, 2022, 
through February 28, 2023, under this section shall not 
exceed $4,593,144, 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. 
4301(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).
  (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 the Government's 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 is authorized, in its, his, 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 any duly authorized 
subcommittee of the committee authorized under S. Res. 70, 
agreed to February 27, 2019 (116th Congress) are authorized 
to continue.



U.S. GOVERNMENT PUBLISHING OFFICE : 2021  43-473 (F1406)