[Congressional Record Volume 157, Number 28 (Monday, February 28, 2011)]
[Senate]
[Pages S966-S967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      PERMANENT SUBCOMMITTEE ON INVESTIGATIONS RULES OF PROCEDURE

  Mr. LIEBERMAN. Mr. President, Senate standing rules XXVI requires 
each committee to adopt rules to govern the procedure of the committee 
and to publish those rules in the Congressional Record not later than 
March 1 of the first year of each Congress. On February 23, 2011, a 
majority of the members of the Committee on Homeland Security and 
Governmental Affairs' Permanent Subcommittee on Investigations adopted 
subcommittee rules of procedure.
  Consistent with standing rule XXVI, today I ask unanimous consent to 
have printed in the Record a copy of the rules of procedure of the 
Permanent Subcommittee on Investigations.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      RULES OF PROCEDURE FOR THE SENATE PERMANENT SUBCOMMITTEE ON 
 INVESTIGATIONS OF THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL 
                                AFFAIRS

       1. No public hearing connected with an investigation may be 
     held without the approval of either the Chairman and the 
     Ranking Minority Member or the approval of a Majority of the 
     Members of the Subcommittee. In all cases, notification to 
     all Members of the intent to hold hearings must be given at 
     least 7 days in advance to the date of the hearing. The 
     Ranking Minority Member should be kept fully apprised of 
     preliminary inquiries, investigations, and hearings. 
     Preliminary inquiries may be initiated by the Subcommittee 
     Majority staff upon the approval of the Chairman and notice 
     of such approval to the Ranking Minority Member or the 
     Minority counsel. Preliminary inquiries may be undertaken by 
     the Minority staff upon the approval of the Ranking Minority 
     Member and notice of such approval to the Chairman or Chief 
     Counsel. Investigations may be undertaken upon the approval 
     of the Chairman of the Subcommittee and the Ranking Minority 
     Member with notice of such approval to all Members.
       No public hearing shall be held if the Minority Members 
     unanimously object, unless the full Committee on Homeland 
     Security and Governmental Affairs by a majority vote approves 
     of such public hearing.
       Senate Rules will govern all closed sessions convened by 
     the Subcommittee (Rule XXVI, Sec. 5(b), Standing Rules of the 
     Senate).
       2. Subpoenas for witnesses, as well as documents and 
     records, may be authorized and issued by the Chairman, or any 
     other Member of the Subcommittee designated by him or her, 
     with notice to the Ranking Minority Member. A written notice 
     of intent to issue a 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 or 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.
       3. The Chairman shall have the authority to call meetings 
     of the Subcommittee. This authority may be delegated by the 
     Chairman to any other Member of the Subcommittee when 
     necessary.
       4. If at least three Members of the Subcommittee desire the 
     Chairman to call a special meeting, they may file in the 
     office of the Subcommittee, a written request therefor, 
     addressed to the Chairman. Immediately thereafter, the clerk 
     of the Subcommittee 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 Subcommittee 
     Members may file in the office of the Subcommittee their 
     written notice that a special Subcommittee meeting will be 
     held, specifying the date and hour thereof, and the 
     Subcommittee shall meet on that date and hour. Immediately 
     upon the filing of such notice, the Subcommittee clerk shall 
     notify all Subcommittee Members that such special meeting 
     will be held and inform them of its date and hour. If the 
     Chairman is not present at any regular, additional or special 
     meeting, the Ranking Majority Member present shall preside.
       5. For public or executive sessions, one Member of the 
     Subcommittee shall constitute a quorum for the administering 
     of oaths and the taking of testimony in any given case or 
     subject matter.
       One-third of the Members of the Subcommittee shall 
     constitute a quorum for the transaction of Subcommittee 
     business other than the administering of oaths and the taking 
     of testimony, provided that one member of the minority is 
     present.
       6. All witnesses at public or executive hearings who 
     testify to matters of fact shall be sworn.
       7. If, during public or executive sessions, a witness, his 
     or her counsel, or any spectator conducts himself or herself 
     in such a manner as to prevent, impede, disrupt, obstruct, or 
     interfere with the orderly administration of such hearing, 
     the Chairman or presiding Member of the Subcommittee present 
     during such hearing may request the Sergeant at Arms of the 
     Senate, his or her representative or any law enforcement 
     official to eject said person from the hearing room.
       8. 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, and 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 Subcommittee 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 Subcommittee by personal 
     counsel not from the government, corporation, or association, 
     or by personal counsel not representing other witnesses. This 
     rule 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 a manner so as to 
     prevent, impede, disrupt, obstruct, or interfere with the 
     orderly administration of the hearings; nor shall this rule 
     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.
       9. Depositions.
       9.1 Notice. Notices for the taking of depositions in an 
     investigation authorized by the Subcommittee shall be 
     authorized and issued

[[Page S967]]

     by the Chairman. The Chairman of the full Committee and the 
     Ranking Minority Member of the Subcommittee shall be kept 
     fully apprised of the authorization for the taking of 
     depositions. Such notices shall specify a time and place of 
     examination, and the name of the Subcommittee Member or 
     Members or staff officer or officers who will take the 
     deposition. The deposition shall be in private. The 
     Subcommittee shall not initiate procedures leading to 
     criminal or civil enforcement proceedings for a witness' 
     failure to appear unless the deposition notice was 
     accompanied by a Subcommittee subpoena.
       9.2 Counsel. Witnesses may be accompanied at a deposition 
     by counsel to advise them of their legal rights, subject to 
     the provisions of Rule 8.
       9.3 Procedure. Witnesses shall be examined upon oath 
     administered by an individual authorized by local law to 
     administer oaths. Questions shall be propounded orally by 
     Subcommittee Members or staff. Objections by the witness as 
     to the form of questions shall be noted for the record. If a 
     witness objects to a question and refuses to testify on the 
     basis of relevance or privilege, the Subcommittee Members or 
     staff may proceed with the deposition, or may, at that time 
     or at a subsequent time, seek a ruling by telephone or 
     otherwise on the objection from the Chairman or such 
     Subcommittee Member as designated by him or her. If the 
     Chairman or designated Member overrules the objection, he or 
     she may refer the matter to the Subcommittee or he or she may 
     order and direct the witness to answer the question, but the 
     Subcommittee shall not initiate procedures leading to civil 
     or criminal enforcement unless the witness refuses to testify 
     after he or she has been ordered and directed to answer by a 
     Member of the Subcommittee.
       9.4 Filing. The Subcommittee staff shall see that the 
     testimony is transcribed or electronically recorded. If it is 
     transcribed, the witness shall be furnished with a copy for 
     review pursuant to the provisions of Rule 12. 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 Subcommittee clerk. Subcommittee staff may 
     stipulate with the witness to changes in this 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.
       10. Any witness desiring to read a prepared or written 
     statement in executive or public hearings shall file a copy 
     of such statement with the Chief Counsel or Chairman of the 
     Subcommittee 48 hours in advance of the hearings at which the 
     statement is to be presented unless the Chairman and the 
     Ranking Minority Member waive this requirement. The 
     Subcommittee shall determine whether such statement may be 
     read or placed in the record of the hearing.
       11. A witness may request, on grounds of distraction, 
     harassment, personal safety, or physical discomfort, that 
     during the testimony, television, motion picture, and other 
     cameras and lights, shall not be directed at him or her. Such 
     requests shall be ruled on by the Subcommittee Members 
     present at the hearing.
       12. An accurate stenographic record shall be kept of the 
     testimony of all witnesses in executive and public hearings. 
     The record of his or her own testimony, whether in public or 
     executive session, shall be made available for inspection by 
     witness or his or her counsel under Subcommittee 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 made available to any witness at his 
     or her expense if he or she so requests.
       13. Interrogation of witnesses at Subcommittee hearings 
     shall be conducted on behalf of the Subcommittee by Members 
     and authorized Subcommittee staff personnel only.
       14. Any person who is the subject of an investigation in 
     public hearings may submit to the Chairman of the 
     Subcommittee questions in writing for the cross-examination 
     of other witnesses called by the Subcommittee. With the 
     consent of a majority of the Members of the Subcommittee 
     present and voting, these questions, or paraphrased versions 
     of them, shall be put to the witness by the Chairman, by a 
     Member of the Subcommittee, or by counsel of the 
     Subcommittee.
       15. Any person whose name is mentioned or who is 
     specifically identified, and who believes that testimony or 
     other evidence presented at a public hearing, or comment made 
     by a Subcommittee Member or counsel, tends to defame him or 
     her or otherwise adversely affect his or her reputation, may 
     (a) request to appear personally before the Subcommittee to 
     testify in his or her own behalf, or, in the alternative, (b) 
     file a sworn statement of facts relevant to the testimony or 
     other evidence or comment complained of. Such request and 
     such statement shall be submitted to the Subcommittee for its 
     consideration and action.
       If a person requests to appear personally before the 
     Subcommittee pursuant to alternative (a) referred to herein, 
     said request shall be considered untimely if it is not 
     received by the Chairman of the Subcommittee or its counsel 
     in writing on or before thirty (30) days subsequent to the 
     day on which said person's name was mentioned or otherwise 
     specifically identified during a public hearing held before 
     the Subcommittee, unless the Chairman and the Ranking 
     Minority Member waive this requirement.
       If a person requests the filing of his or her sworn 
     statement pursuant to alternative (b) referred to herein, the 
     Subcommittee may condition the filing of said sworn statement 
     upon said person agreeing to appear personally before the 
     Subcommittee and to testify concerning the matters contained 
     in his or her sworn statement, as well as any other matters 
     related to the subject of the investigation before the 
     Subcommittee.
       16. All testimony taken in executive session shall be kept 
     secret and will not be released for public information 
     without the approval of a majority of the Subcommittee.
       17. No Subcommittee report shall be released to the public 
     unless approved by a majority of the Subcommittee and after 
     no less than 10 days' notice and opportunity for comment by 
     the Members of the Subcommittee unless the need for such 
     notice and opportunity to comment has been waived in writing 
     by a majority of the Minority Members.
       18. The Ranking Minority Member may select for appointment 
     to the Subcommittee staff a Chief Counsel for the Minority 
     and such other professional staff members and clerical 
     assistants as he or she deems advisable. The total 
     compensation allocated to such Minority staff members shall 
     be not less than one-third the total amount allocated for all 
     Subcommittee staff salaries during any given year. The 
     Minority staff members shall work under the direction and 
     supervision of the Ranking Minority Member. The Chief Counsel 
     for the Minority shall be kept fully informed as to 
     preliminary inquiries, investigations, and hearings, and 
     shall have access to all material in the files of the 
     Subcommittee.
       19. When it is determined by the Chairman and Ranking 
     Minority Member, or by a majority of the Subcommittee, that 
     there is reasonable cause to believe that a violation of law 
     may have occurred, the Chairman and Ranking Minority Member 
     by letter, or the Subcommittee by resolution, are authorized 
     to report such violation to the proper State, local and/or 
     Federal authorities. Such letter or report may recite the 
     basis for the determination of reasonable cause. This rule is 
     not authority for release of documents or testimony.

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