[Congressional Record Volume 155, Number 34 (Thursday, February 26, 2009)]
[Senate]
[Pages S2552-S2553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             COMMITTEE ON ARMED SERVICES RULES OF PROCEDURE

  Mr. LEVIN. Mr. President, in compliance with rule XXVI of the 
Standing Rules of the Senate, I ask unanimous consent to have printed 
in the Record a copy of the rules of procedure of the Committee on 
Armed Services, as approved by the committee on February 26, 2009.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Rules of Procedure of the Committee on Armed Services

       1. Regular Meeting Day.--The Committee shall meet at least 
     once a month when Congress is in session. The regular meeting 
     days of the Committee shall be Tuesday and Thursday, unless 
     the Chairman, after consultation with the Ranking Minority 
     Member, directs otherwise.
       2. Additional Meetings.--The Chairman, after consultation 
     with the Ranking Minority Member, may call such additional 
     meetings as he deems necessary.
       3. Special Meetings.--Special meetings of the Committee may 
     be called by a majority of the members of the Committee in 
     accordance with paragraph 3 of Rule XXVI of the Standing 
     Rules of the Senate.
       4. Open Meetings.--Each meeting of the Committee, or any 
     subcommittee thereof, including meetings to conduct hearings, 
     shall be open to the public, except that a meeting or series 
     of meetings by the Committee or a subcommittee thereof on the 
     same subject for a period of no more than fourteen (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 below in clauses (a) through 
     (f) would require the meeting to be closed, followed 
     immediately by a record vote in open session by a majority of 
     the members of the Committee or subcommittee when it is 
     determined that the matters to be discussed or the testimony 
     to be taken at such meeting or meetings--
       (a) will disclose matters necessary to be kept secret in 
     the interests of national defense or the confidential conduct 
     of the foreign relations of the United States;
       (b) will relate solely to matters of Committee staff 
     personnel or internal staff management or procedure;
       (c) will tend to charge an individual with a crime or 
     misconduct, to disgrace or injure the professional standing 
     of an individual, or otherwise to expose an individual to 
     public contempt or obloquy or will represent a clearly 
     unwarranted invasion of the privacy of an individual;
       (d) will disclose the identity of any 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;
       (e) will disclose information relating to the trade secrets 
     or financial or commercial information pertaining 
     specifically to a given person if--
       (1) an Act of Congress requires the information to be kept 
     confidential by Government officers and employees; or
       (2) 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
       (f) may divulge matters required to be kept confidential 
     under other provisions of law or Government regulations.
       5. Presiding Officer.--The Chairman shall preside at all 
     meetings and hearings of the Committee except that in his 
     absence the Ranking Majority Member present at the meeting or 
     hearing shall preside unless by majority vote the Committee 
     provides otherwise.
       6. Quorum.--(a) A majority of the members of the Committee 
     are required to be actually present to report a matter or 
     measure from the Committee. (See Standing Rules of the Senate 
     26.7(a)(1)).
       (b) Except as provided in subsections (a) and (c), and 
     other than for the conduct of hearings, nine members of the 
     Committee, including one member of the minority party; or a 
     majority of the members of the Committee, shall constitute a 
     quorum for the transaction of such business as may be 
     considered by the Committee.
       (c) Three members of the Committee, one of whom shall be a 
     member of the minority party, shall constitute a quorum for 
     the purpose of taking sworn testimony, unless otherwise 
     ordered by a majority of the full Committee.
       (d) Proxy votes may not be considered for the purpose of 
     establishing a quorum.
       7. Proxy Voting.--Proxy voting shall be allowed on all 
     measures and matters before the Committee. The vote by proxy 
     of any member of the Committee may be counted for the purpose 
     of reporting any measure or matter to the Senate if the 
     absent member casting such vote has been informed of the 
     matter on which the member is being recorded and has 
     affirmatively requested that he or she be so recorded. Proxy 
     must be given in writing.
       8. Announcement of Votes.--The results of all rollcall 
     votes taken in any meeting of the Committee on any measure, 
     or amendment thereto, shall be announced in the Committee 
     report, unless previously announced by the Committee. The 
     announcement shall include a tabulation of the votes cast in 
     favor and votes cast in opposition to each such measure and 
     amendment by each member of the Committee who was present at 
     such meeting. The Chairman, after consultation with the 
     Ranking Minority Member,

[[Page S2553]]

     may hold open a rollcall vote on any measure or matter which 
     is before the Committee until no later than midnight of the 
     day on which the Committee votes on such measure or matter.
       9. Subpoenas.--Subpoenas for attendance of witnesses and 
     for the production of memoranda, documents, records, and the 
     like may be issued, after consultation with the Ranking 
     Minority Member, by the Chairman or any other member 
     designated by the Chairman, but only when authorized by a 
     majority of the members of the Committee. The subpoena shall 
     briefly state the matter to which the witness is expected to 
     testify or the documents to be produced.
       10. Hearings.--(a) Public notice shall be given of the 
     date, place and subject matter of any hearing to be held by 
     the Committee, or any subcommittee thereof, at least 1 week 
     in advance of such hearing, unless the Committee or 
     subcommittee determines that good cause exists for beginning 
     such hearings at an earlier time.
       (b) Hearings may be initiated only by the specified 
     authorization of the Committee or subcommittee.
       (c) Hearings shall be held only in the District of Columbia 
     unless specifically authorized to be held elsewhere by a 
     majority vote of the Committee or subcommittee conducting 
     such hearings.
       (d) The Chairman of the Committee or subcommittee shall 
     consult with the Ranking Minority Member thereof before 
     naming witnesses for a hearing.
       (e) Witnesses appearing before the Committee shall file 
     with the clerk of the Committee a written statement of their 
     proposed testimony prior to the hearing at which they are to 
     appear unless the Chairman and the Ranking Minority Member 
     determine that there is good cause not to file such a 
     statement. Witnesses testifying on behalf of the 
     Administration shall furnish an additional 50 copies of their 
     statement to the Committee. All statements must be received 
     by the Committee at least 48 hours (not including weekends or 
     holidays) before the hearing.
       (f) Confidential testimony taken or confidential material 
     presented in a closed hearing of the Committee or 
     subcommittee or any report of the proceedings of such hearing 
     shall not be made public in whole or in part or by way of 
     summary unless authorized by a majority vote of the Committee 
     or subcommittee.
       (g) Any witness summoned to give testimony or evidence at a 
     public or closed hearing of the Committee or subcommittee may 
     be accompanied by counsel of his own choosing who shall be 
     permitted at all times during such hearing to advise such 
     witness of his legal rights.
       (h) Witnesses providing unsworn testimony to the Committee 
     may be given a transcript of such testimony for the purpose 
     of making minor grammatical corrections. Such witnesses will 
     not, however, be permitted to alter the substance of their 
     testimony. Any question involving such corrections shall be 
     decided by the Chairman.
       11. Nominations.--Unless otherwise ordered by the 
     Committee, nominations referred to the Committee shall be 
     held for at least seven (7) days before being voted on by the 
     Committee. Each member of the Committee shall be furnished a 
     copy of all nominations referred to the Committee.
       12. Real Property Transactions.--Each member of the 
     Committee shall be furnished with a copy of the proposals of 
     the Secretaries of the Army, Navy, and Air Force, submitted 
     pursuant to 10 U.S.C. 2662 and with a copy of the proposals 
     of the Director of the Federal Emergency Management Agency, 
     submitted pursuant to 50 U.S.C. App. 2285, regarding the 
     proposed acquisition or disposition of property of an 
     estimated price or rental of more than $50,000. Any member of 
     the Committee objecting to or requesting information on a 
     proposed acquisition or disposal shall communicate his 
     objection or request to the Chairman of the Committee within 
     thirty (30) days from the date of submission.
       13. Legislative Calendar.--(a) The clerk of the Committee 
     shall keep a printed calendar for the information of each 
     Committee member showing the bills introduced and referred to 
     the Committee and the status of such bills. Such calendar 
     shall be revised from time to time to show pertinent changes 
     in such bills, the current status thereof, and new bills 
     introduced and referred to the Committee. A copy of each new 
     revision shall be furnished to each member of the Committee.
       (b) Unless otherwise ordered, measures referred to the 
     Committee shall be referred by the clerk of the Committee to 
     the appropriate department or agency of the Government for 
     reports thereon.
       14. Except as otherwise specified herein, the Standing 
     Rules of the Senate shall govern the actions of the 
     Committee. Each subcommittee of the Committee is part of the 
     Committee, and is therefore subject to the Committee's rules 
     so far as applicable.
       15. Powers and Duties of Subcommittees.--Each subcommittee 
     is authorized to meet, hold hearings, receive evidence, and 
     report to the full Committee on all matters referred to it. 
     Subcommittee chairmen, after consultation with Ranking 
     Minority Members of the subcommittees, shall set dates for 
     hearings and meetings of their respective subcommittees after 
     consultation with the Chairman and other subcommittee 
     chairmen with a view toward avoiding simultaneous scheduling 
     of full Committee and subcommittee meetings or hearings 
     whenever possible.

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