[Congressional Record Volume 163, Number 35 (Tuesday, February 28, 2017)]
[Senate]
[Pages S1492-S1493]
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. JOHNSON. Mr. 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 Congressional Record not later than March
1 of the first year of each Congress. On February 27, 2017, 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 AS ADOPTED
1. No public hearing connected with an investigation may be
held without the approval of either the Chairman and the
Ranking Minority Member or a Majority of the Members of the
Subcommittee. In all cases, notification to all Subcommittee
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, Minority Staff Director, or
the Minority Chief 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, Staff Director, or Chief Counsel. Investigations
may be undertaken upon the approval of the Chairman and the
Ranking Minority Member with notice of such approval to all
Members of the Subcommittee.
No public hearing shall be held if the Minority Members of
the Subcommittee unanimously object, unless the Committee on
Homeland Security and Governmental Affairs (the
``Committee'') approves of such public hearing by a majority
vote.
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 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 of the Committee waive the 48 hour waiting
period or unless the Chairman certifies in writing to the
Chairman and Ranking Minority Member of the Committee 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 at least 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 Chairman may rule that
representation by counsel from the government, corporation,
or association, or by counsel representing another witness,
creates a conflict of interest, and that the witness may only
be represented during interrogation by Subcommittee staff or
during testimony before the Subcommittee by personal counsel
not from the government, corporation, or association, or by
personal counsel not representing another witness. 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
Committee and the Ranking Minority Member of the Subcommittee
shall be kept fully apprised of the authorization for the
taking of
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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's
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
the Chairman or designated Member.
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 Chairman, Staff Director, or Chief
Counsel 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 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
Subcommittee 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 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, Staff Director, or Chief Counsel in
writing on or before thirty (30) days subsequent to the day
on which said person's name was mentioned or he or she was
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 to file 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 Members 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 of the Subcommittee.
18. The Ranking Minority Member may select for appointment
to the Subcommittee staff a Chief Counsel for the Minority
and such other professional staff and clerical assistants as
he or she deems advisable. The total compensation allocated
to such Minority staff shall be not less than one-third the
total amount allocated for all Subcommittee staff salaries
during any given year. The Minority staff shall work under
the direction and supervision of the Ranking Minority Member.
The Minority Staff Director and the Minority Chief Counsel
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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