[Congressional Record Volume 155, Number 24 (Friday, February 6, 2009)]
[Senate]
[Pages S1860-S1861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             COMMITTEE ON INDIAN AFFAIRS RULES OF PROCEDURE

  Mr. DORGAN. Mr. President, I ask unanimous consent to have printed in 
the Record the Committee on Indian Affairs Rules of Procedure. There 
being no objection, the material was ordered to be printed in the 
Record, as follows:


                      COMMITTEE ON INDIAN AFFAIRS

       Rule 1. The Standing Rules of the Senate, Senate Resolution 
     4, and the provisions of the Legislative Reorganization Act 
     of 1946, as amended by the Legislative Reorganization Act of 
     1970, to the extent the provisions of such Act are applicable 
     to the Committee on Indian Affairs and supplemented by these 
     rules, are adopted as the rules of the Committee.


                       MEETINGS OF THE COMMITTEE

       Rule 2. The Committee shall meet on Thursdays while the 
     Congress is in session for the purpose of conducting 
     business, unless for the convenience of the Members, the 
     Chairman shall set some other day for a meeting. Additional 
     meetings may be called by the Chairman as he may deem 
     necessary.


                       OPEN HEARINGS AND MEETINGS

       Rule 3. Hearings and business meetings of the Committee 
     shall be open to the public except when the Chairman by a 
     majority vote orders a closed hearing or meeting.


                           HEARING PROCEDURE

       Rule 4(a). Public notice, including notice to Members of 
     the Committee, shall be given of the date, place and subject 
     matter of any hearing to be held by the Committee at least 
     one week in advance of such hearing unless the Chairman of 
     the Committee, with the concurrence of the Vice Chairman, 
     determines that the hearing is non-controversial or that 
     special circumstances require expedited procedures and a 
     majority of the Committee Members attending concurs. In no 
     case shall a hearing be conducted with less than 24 hours' 
     notice.
       (b). Each witness who is to appear before the Committee 
     shall submit his or her testimony by way of electronic mail 
     at least 48 hours in advance of a hearing, in a format 
     determined by the Committee and sent to an electronic mail 
     address specified by the Committee.
       (c). Each Member shall be limited to five (5) minutes of 
     questioning of any witness until such time as all Members 
     attending who so desire have had an opportunity to question 
     the witness unless the Committee shall decide otherwise.
       (d). The Chairman and Vice Chairman or the ranking Majority 
     and Minority Members present at the hearing may each appoint 
     one Committee staff member to question each witness. Such 
     staff member may question the witness only after all Members 
     present have completed their questioning of the witness or at 
     such time as the Chairman and Vice Chairman or the Ranking 
     Majority and Minority Members present may agree.


                        BUSINESS MEETING AGENDA

       Rule 5(a). A legislative measure or subject shall be 
     included in the agenda of the next following business meeting 
     of the Committee if a written request by a Member for 
     consideration of such measure or subject has been filed with 
     the Chairman of the Committee at least one week prior to such 
     meeting. Nothing in this rule shall be construed to limit the 
     authority of the Chairman of the Committee to include 
     legislative measures or subjects on the Committee agenda in 
     the absence of such request.
       (b). Notice of, and the agenda for, any business meeting of 
     the Committee shall be provided to each Member and made 
     available to the public at least two days prior to such 
     meeting, and no new items may be added after the agenda 
     published except by the approval of a majority of the Members 
     of the Committee. The notice and agenda of any business 
     meeting may be provided to the Members by electronic mail, 
     provided that a paper copy will be provided to any Member 
     upon request. The Clerk shall promptly notify absent members 
     of any action taken by the Committee on matters not included 
     in the published agenda.
       (c). Any bill or resolution to be considered by the 
     Committee shall be filed with the Clerk of the Committee not 
     less than 48 hours in advance of the Committee meeting. Any 
     amendment(s) to legislation to be considered shall be filed 
     with the Clerk not less than 24 hours in advance. This rule 
     may be waived by the Chairman with the concurrence of the 
     Vice Chairman.


                                 QUORUM

       Rule 6(a). Except as provided in subsection (b), a majority 
     of the Members shall constitute a quorum for the transaction 
     of business of the Committee. Consistent with Senate rules, a 
     quorum is presumed to be present unless the absence of a 
     quorum is noted by a Member.
       (b). One Member shall constitute a quorum for the purpose 
     of conducting a hearing or taking testimony on any measure 
     before the Committee.


                                 VOTING

       Rule 7(a). A recorded vote of the Members shall be taken 
     upon the request of any Member.
       (b). A measure may be reported from the Committee unless an 
     objection is made by a member, in which case a recorded vote 
     by the Members shall be required.
       (c). Proxy voting shall be permitted on all matters, except 
     that proxies may not be counted for the purpose of 
     determining the presence of a quorum. Unless further limited, 
     a proxy shall be exercised only for the date for which it is 
     given and upon the terms published in the agenda for that 
     date.


                SWORN TESTIMONY AND FINANCIAL STATEMENTS

       Rule 8. Witnesses in Committee hearings may be required to 
     give testimony under oath whenever the Chairman or Vice 
     Chairman of the Committee deems it to be necessary. At any 
     hearing to confirm a Presidential nomination, the testimony 
     of the nominee, and at the request of any Member, any other 
     witness shall be under oath. Every nominee shall submit a 
     financial statement, on forms to be perfected by the 
     Committee, which shall be sworn to by the nominee as to its 
     completeness and accuracy. All such statements shall be made 
     public by the Committee unless the Committee, in executive 
     session, determines that special circumstances require a full 
     or partial exception to this rule. Members of the Committee 
     are urged to make public a complete disclosure of their 
     financial interests on forms to be perfected by the Committee 
     in the manner required in the case of Presidential nominees.


                         CONFIDENTIAL TESTIMONY

       Rule 9. No confidential testimony taken by, or confidential 
     material presented to the Committee or any report of the 
     proceedings of a closed Committee hearing or business meeting 
     shall be made public in whole or in part, or by way of 
     summary, unless authorized by a majority of the Members of 
     the Committee at a business meeting called for the purpose of 
     making such a determination.


                         DEFAMATORY STATEMENTS

       Rule 10. Any person whose name is mentioned or who is 
     specifically identified in, or who believes that testimony or 
     other evidence presented at, an open Committee hearing tends 
     to defame him or her or otherwise adversely affect his or her 
     reputation may file with the Committee for its consideration 
     and action a sworn statement of facts relevant to such 
     testimony of evidence.


                  BROADCASTING OR HEARINGS OR MEETINGS

       Rule 11. Any meeting or hearing by the Committee which is 
     open to the public may

[[Page S1861]]

     be covered in whole or in part by television, radio 
     broadcast, or still photography. Photographers and reporters 
     using mechanical recording, filming, or broadcasting devices 
     shall position their equipment so as not to interfere with 
     the sight, vision, and hearing of Members and staff on the 
     dais or with the orderly process of the meeting or hearing.


                         AUTHORIZING SUBPOENAS

       Rule 12. The Chairman may, with the agreement of the Vice 
     Chairman, or the Committee may, by majority vote, authorize 
     the issuance of subpoenas.


                           AMENDING THE RULES

       Rule 13. These rules may be amended only by a vote of a 
     majority of all the Members of the Committee in a business 
     meeting of the Committee: Provided, that no vote may be taken 
     on any proposed amendment unless such amendment is reproduced 
     in full in the Committee agenda for such meeting at least 
     seven (7) days in advance of such meeting.

                          ____________________