[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[Senate]
[Pages S1005-S1006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
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RULES OF PROCEDURE
Mr. CARPER. Madam President, Senate Standing rule XXVI requires each
committee to adopt rules to govern the procedure of the committee and
to publish those rules in the Record not later than March 1 of the
first year of each Congress. On February 27, 2013, 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, 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 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 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
[[Page S1006]]
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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