Congressional Record, Volume 157 Issue 25 (Wednesday, February 16, 2011)

[Congressional Record Volume 157, Number 25 (Wednesday, February 16, 2011)]
[Senate]
[Pages S783-S784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COMMITTEE ON INDIAN AFFAIRS RULES OF PROCEDURE

Mr. AKAKA. 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:

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, as supplemented by these rules, are adopted as the
rules of the Committee to the extent the provisions of such
Rules, Resolution, and Acts are applicable to the Committee
on Indian Affairs.

MEETING OF THE COMMITTEE

Rule 2. The Committee shall meet on Thursday 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(a). 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.
(b). Except as otherwise provided in the Rules of the
Senate, a transcript or electronic recording shall be kept of
each hearing and business meeting of the Committee.

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 holding the hearing would be 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). Any bill, resolution, or other matter to be considered
by the Committee at a business meeting shall be filed with
the Clerk of the Committee. Notice of, and the agenda for,
any business meeting of the Committee, and a copy of any
bill, resolution, or other matter to be considered at the
meeting, shall be provided to each Member and made available
to the public at least three days prior to such meeting, and
no new items may be added after the agenda is 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 amendment(s) to any bill or resolution 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. Except as provided in Senate
Rule XXVI 7(a), 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 or
matter 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 without a recorded vote from
the Committee unless an objection is made by a Member, in
which case a recorded vote by the Members shall be required.
A Member shall have the right to have his or her additional
views included in the Committee report in accordance with
Senate Rule XXVI 10.
(c). A Committee vote to report a measure to the Senate
shall also authorize the staff of the Committee to make
necessary technical and conforming changes to the measure.
(d). 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.

[[Page S784]]

SWORN TESTIMONY AND FINANCIAL STATEMENTS

Rule 8(a). 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.
(b). 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.
(c). 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 OF HEARINGS OR MEETINGS

Rule 11. Any meeting or hearing by the Committee which is
open to the public may be covered in whole or in part by
television, Internet, 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.

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