[Congressional Record Volume 167, Number 33 (Monday, February 22, 2021)]
[Senate]
[Pages S764-S768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RULES OF 
                               PROCEDURE

  Mr. PETERS. Mr. President, Rule XXVI, paragraph 2, of the Standing 
Rules of the Senate 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. Today, the Committee on Homeland Security and Governmental 
Affairs adopted committee rules of procedure.
  Consistent with Standing Rule XXVI, I ask unanimous consent that a 
copy of the rules of procedure of the Committee on Homeland Security 
and Governmental Affairs be printed in the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Rules of Procedure of the Committee on Homeland Security and 
                          Governmental Affairs


      PURSUANT TO RULE XXVI, SEC. 2, STANDING RULES OF THE SENATE

     Rule 1. Meetings and Meeting Procedures Other Than Hearings
       A. Meeting dates. The Committee shall hold its regular 
     meetings on the first Wednesday of each month, when the 
     Congress is in session, or at such other times as the Chair 
     shall determine. Additional meetings may be called by the 
     Chair as the Chair deems necessary to expedite Committee 
     business. (Rule XXVI, Sec. 3, Standing Rules of the Senate.)
       B. Calling special Committee meetings. If at least three 
     Members of the Committee desire the Chair to call a special 
     meeting, they may file in the offices of the Committee a 
     written request therefor, addressed to the Chair. Immediately 
     thereafter, the clerk of the Committee shall notify the Chair 
     of such request. If, within 3 calendar days after the filing 
     of such request, the Chair 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 Committee 
     Members may file in the offices of the Committee their 
     written notice that a special Committee meeting will be held, 
     specifying the date and hour thereof, and the Committee shall 
     meet on that date and hour. Immediately upon the filing of 
     such notice, the Committee chief clerk shall notify all 
     Committee Members that such special meeting will be held and 
     inform them of its date and hour. (Rule XXVI, Sec. 3, 
     Standing Rules of the Senate.)
       C. Meeting notices and agenda. Written notices of Committee 
     meetings, accompanied by an agenda, enumerating the items of 
     business to be considered, shall be sent to all Committee 
     Members at least 5 calendar days in advance of such meetings, 
     excluding Saturdays, Sundays, and legal holidays in which the 
     Senate is not in session. The written notices required by 
     this Rule may be provided by electronic mail. In the event 
     that unforeseen requirements or Committee business prevent 
     sufficient notice of either the meeting or agenda, the 
     Committee staff shall communicate such notice and agenda, or 
     any revisions to the agenda, as soon as practicable by 
     telephone or otherwise to Members or appropriate staff 
     assistants in their offices.
       D. Open business meetings. Meetings for the transaction of 
     Committee or Subcommittee business shall be conducted in open 
     session, except that a meeting or series of meetings on the 
     same subject for a period of no more than 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 in clauses (1) through (6) below would require the 
     meeting to be closed, followed immediately by a record vote 
     in open session by a majority of the Committee or 
     Subcommittee Members when it is determined that the matters 
     to be discussed or the testimony to be taken at such meeting 
     or meetings
       (1) will disclose matters necessary to be kept secret in 
     the interests of national defense or the confidential conduct 
     of foreign relations of the United States;
       (2) will relate solely to matters of Committee or 
     Subcommittee staff personnel or internal staff management or 
     procedure;
       (3) will tend to charge an individual with crime or 
     misconduct, to disgrace or injure the professional standing 
     of an individual, or otherwise expose an individual to public 
     contempt or obloquy or will represent a clearly unwarranted 
     invasion of the privacy of an individual;
       (4) will disclose the identity of an 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;
       (5) will disclose information relating to the trade secrets 
     of financial or commercial information pertaining 
     specifically to a given person if--
       (A) an Act of Congress requires the information to be kept 
     confidential by Government officers and employees; or
       (B) 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
       (6) may divulge matters required to be kept confidential 
     under other provisions of law or Government regulations. 
     (Rule XXVI, Sec. 5(b), Standing Rules of the Senate.) 
     Notwithstanding the foregoing, whenever disorder arises 
     during a Committee or Subcommittee meeting that is open to 
     the public, or any demonstration of approval or disapproval 
     is indulged in by any person in attendance at any such 
     meeting, it shall be the duty of the Chair to enforce order 
     on the Chair's own initiative and without any point of order 
     being made by a Member of the Committee or Subcommittee; 
     provided, further, that when the Chair finds it necessary to 
     maintain order, the Chair shall have the power to clear the 
     room, and the Committee or Subcommittee may act in closed 
     session for so long as there is doubt of the assurance of 
     order. (Rule XXVI, Sec. 5(d), Standing Rules of the Senate.)
       E. Prior notice of first degree amendments. It shall not be 
     in order for the Committee, or a Subcommittee thereof, to 
     consider any amendment in the first degree proposed to any 
     measure under consideration by the Committee or Subcommittee 
     unless a written copy of such amendment has been delivered to 
     each Member of the Committee or Subcommittee, as the case may 
     be, and to the office of the Committee or Subcommittee, by no 
     later than 4:00 p.m. two calendar days before the meeting of 
     the Committee or Subcommittee at which the amendment is to be 
     proposed, and, in the case of a first degree amendment in the 
     nature of a substitute proposed by the manager of the 
     measure, by no later than 5:00 p.m. five calendar days before 
     the meeting. The written copy of amendments in the first 
     degree required by this Rule may be provided by electronic 
     mail. This subsection may be waived by a majority of the 
     Members present, or by consent of the Chair and Ranking 
     Minority Member of the Committee or Subcommittee. This 
     subsection shall apply only when at least 5 calendar days 
     written notice of a session to mark-up a measure is provided 
     to the Committee or Subcommittee.
       F. Meeting transcript. The Committee or Subcommittee shall 
     prepare and keep a complete transcript or electronic 
     recording adequate to fully record the proceeding of each 
     meeting whether or not such meeting or any part thereof is 
     closed to the public, unless a majority of the Committee or 
     Subcommittee Members vote to forgo such a record. (Rule XXVI, 
     Sec. 5(e), Standing Rules of the Senate.)
     Rule 2. Quorums
       A. Reporting measures and matters. A majority of the 
     Members of the Committee shall constitute a quorum for 
     reporting to the Senate any measures, matters or 
     recommendations. (Rule XXVI, Sec. 7(a)(1), Standing Rules of 
     the Senate.)
       B. Transaction of routine business. One-third of the 
     membership of the Committee shall constitute a quorum for the 
     transaction of routine business, provided that one Member of 
     the Minority is present. For the purpose of this paragraph, 
     the term ``routine business'' includes the convening of a 
     meeting and the consideration of subpoenas or any business of 
     the Committee other than reporting to the Senate any 
     measures, matters or recommendations. (Rule XXVI, Sec. 
     7(a)(1), Standing Rules of the Senate.)
       C. Taking testimony. One Member of the Committee shall 
     constitute a quorum for taking sworn or unsworn testimony. 
     (Rule XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules of the 
     Senate.)
       D. Subcommittee quorums. Subject to the provisions of 
     sections 7(a)(1) and (2) of Rule XXVI of the Standing Rules 
     of the Senate, the Subcommittees of this Committee are 
     authorized to establish their own quorums for the transaction 
     of business and the taking of sworn testimony.
       E. Proxies prohibited in establishment of quorum. Proxies 
     shall not be considered for the establishment of a quorum.
     Rule 3. Voting
       A. Quorum required. Subject to the provisions of subsection 
     (E), no vote may be taken by the Committee, or any 
     Subcommittee

[[Page S765]]

     thereof, on any measure or matter unless a quorum, as 
     prescribed in the preceding section, is actually present.
       B. Reporting measures and matters. No measure, matter or 
     recommendation shall be reported from the Committee unless a 
     majority of the Committee Members are actually present, and 
     the vote of the Committee to report a measure or matter shall 
     require the concurrence of a majority of those Members who 
     are actually present at the time the vote is taken. (Rule 
     XXVI, Sec. 7(a)(1) and (3), Standing Rules of the Senate.)
       C. Proxy voting. Proxy voting shall be allowed on all 
     measures, matters, and routine business before the Committee, 
     or any Subcommittee thereof, provided:
       (1) When the Committee, or any Subcommittee thereof, is 
     voting to report a measure or matter, proxy votes shall be 
     allowed solely for the purpose of recording a Member's 
     position on the pending question. Proxy votes are not 
     included in the vote tally when reporting the measure or 
     matter.
       (2) Proxy voting shall be allowed only if the absent 
     Committee or Subcommittee Member has been informed of the 
     matter on which the Member is being recorded and has 
     affirmatively requested that the vote be so recorded.
       (3) All proxies shall be filed with the chief clerk of the 
     Committee or Subcommittee thereof, as the case may be. All 
     proxies shall be in writing and shall contain sufficient 
     reference to the pending matter as is necessary to identify 
     it and to inform the Committee or Subcommittee as to how the 
     Member establishes the vote to be recorded thereon. (Rule 
     XXVI, Sec. 7(a)(3) and 7(c)(1), Standing Rules of the 
     Senate.)
       D. Announcement of vote. (1) Whenever the Committee by roll 
     call vote reports any measure or matter, the report of the 
     Committee upon such a measure or matter shall include a 
     tabulation of the votes cast in favor of and the votes cast 
     in opposition to such measure or matter by each Member of the 
     Committee. (Rule XXVI, Sec. 7(c), Standing Rules of the 
     Senate.)
       (2) Whenever the Committee by roll call vote acts upon any 
     measure or amendment thereto, other than reporting a measure 
     or matter, the results thereof shall be announced in the 
     Committee report on that measure unless previously announced 
     by the Committee, and such announcement shall include a 
     tabulation of the votes cast in favor of and the votes cast 
     in opposition to each such measure and amendment thereto by 
     each Member of the Committee who was present at the meeting. 
     (Rule XXVI, Sec. 7(b), Standing Rules of the Senate.)
       (3) In any case in which a roll call vote is announced, the 
     tabulation of votes shall state separately the proxy vote 
     recorded in favor of and in opposition to that measure, 
     amendment thereto, or matter. (Rule XXVI, Sec. 7(b) and (c), 
     Standing Rules of the Senate.)
       E. Polling. (1) The Committee, or any Subcommittee thereof, 
     may poll (a) internal Committee or Subcommittee matters 
     including the Committee's or Subcommittee's staff, records 
     and budget; (b) steps in an investigation, including issuance 
     of subpoenas, applications for immunity orders, and requests 
     for documents from agencies; and (c) other Committee or 
     Subcommittee business other than a vote on reporting to the 
     Senate any measures, matters or recommendations or a vote on 
     closing a meeting or hearing to the public.
       (2) Only the Chair, or a Committee Member or staff officer 
     designated by the Chair, may undertake any poll of the 
     Members of the Committee. If any Member requests, any matter 
     to be polled shall be held for meeting rather than being 
     polled. The chief clerk of the Committee shall keep a record 
     of polls; if a majority of the Members of the Committee 
     determine that the polled matter is in one of the areas 
     enumerated in subsection (D) of Rule 1, the record of the 
     poll shall be confidential. Any Committee Member may move at 
     the Committee meeting following the poll for a vote on the 
     polled decision, such motion and vote to be subject to the 
     provisions of subsection (D) of Rule 1, where applicable.
       F. Naming postal facilities. The Committee will not 
     consider any legislation that would name a postal facility 
     for a living person with the exception of bills naming 
     facilities after former Presidents and Vice Presidents of the 
     United States, former Members of Congress over 70 years of 
     age, former State or local elected officials over 70 years of 
     age, former judges over 70 years of age, or wounded veterans. 
     The Committee will not consider legislation that would name a 
     postal facility unless it has the support of both Senators in 
     the delegation of the state in which the facility is located.
       G. Technical and conforming changes. A Committee vote to 
     report a measure to the Senate shall also authorize the 
     Committee Chair and Ranking Member by mutual agreement to 
     make any required technical and conforming changes to the 
     measure.
     Rule 4. Presiding at Meetings and Hearings
       The Chair shall preside at all Committee meetings and 
     hearings except that the Chair shall designate a temporary 
     Chair to act in the Chair's place if the Chair is unable to 
     be present at a scheduled meeting or hearing. If the Chair 
     (or a designee) is absent 10 minutes after the scheduled time 
     set for a meeting or hearing, the Ranking Majority Member 
     present shall preside until the Chair's arrival. If there is 
     no Member of the Majority present, the Ranking Minority 
     Member present, with the prior approval of the Chair, may 
     open and conduct the meeting or hearing until such time as a 
     Member of the Majority arrives.
     Rule 5. Hearings and Hearing Procedures
       A. Announcement of hearings. The Committee, or any 
     Subcommittee thereof, shall make public announcement of the 
     date, time, and subject matter of any hearing to be conducted 
     on any measure or matter at least 5 calendar days in advance 
     of such hearing, excluding Saturdays, Sundays, and legal 
     holidays in which the Senate is not in session, unless the 
     Committee, or Subcommittee, determines that there is good 
     cause to begin such hearing at an earlier date. (Rule XXVI, 
     Sec. 4(a), Standing Rules of the Senate.)
       B. Open hearings. Each hearing conducted by the Committee, 
     or any Subcommittee thereof, shall be open to the public, 
     except that a hearing or series of hearings on the same 
     subject for a period of no more than 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 
     in clauses (1) through (6) below would require the hearing to 
     be closed, followed immediately by a record vote in open 
     session by a majority of the Committee or Subcommittee 
     Members when it is determined that the matters to be 
     discussed or the testimony to be taken at such hearing or 
     hearings--
       (1) will disclose matters necessary to be kept secret in 
     the interests of national defense or the confidential conduct 
     of foreign relations of the United States;
       (2) will relate solely to matters of Committee or 
     Subcommittee staff personnel or internal staff management or 
     procedure;
       (3) will tend to charge an individual with crime or 
     misconduct, to disgrace or injure the professional standing 
     of an individual, or otherwise expose an individual to public 
     contempt or obloquy or will represent a clearly unwarranted 
     invasion of the privacy of an individual;
       (4) will disclose the identity of an 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;
       (5) will disclose information relating to the trade secrets 
     of financial or commercial information pertaining 
     specifically to a given person if--
       (A) an Act of Congress requires the information to be kept 
     confidential by Government officers and employees; or
       (B) 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
       (6) may divulge matters required to be kept confidential 
     under other provisions of law or Government regulations. 
     (Rule XXVI, Sec. 5(b), Standing Rules of the Senate.)
       Notwithstanding the foregoing, whenever disorder arises 
     during a Committee or Subcommittee meeting that is open to 
     the public, or any demonstration of approval or disapproval 
     is indulged in by any person in attendance at any such 
     meeting, it shall be the duty of the Chair to enforce order 
     on the Chair's own initiative and without any point of order 
     being made by a Member of the Committee or Subcommittee; 
     provided, further, that when the Chair finds it necessary to 
     maintain order, the Chair shall have the power to clear the 
     room, and the Committee or Subcommittee may act in closed 
     session for so long as there is doubt of the assurance of 
     order. (Rule XXVI, Sec. 5(d), Standing Rules of the Senate.)
       C. Full Committee subpoenas. The Chair, with the approval 
     of the Ranking Minority Member of the Committee, is 
     authorized to subpoena the attendance of witnesses at a 
     hearing or deposition or the production of memoranda, 
     documents, records, or any other materials. The Chair may 
     subpoena attendance or production without the approval of the 
     Ranking Minority Member where the Chair has not received a 
     letter of disapproval signed by the Ranking Minority Member 
     within 3 calendar days, excluding Saturdays, Sundays, and 
     legal holidays in which the Senate is not in session, of the 
     Ranking Minority Member's receipt of a letter signed by the 
     Chair providing notice of the Chair's intent to issue a 
     subpoena, including an identification of all individuals 
     and items sought to be subpoenaed. Delivery and receipt of 
     the signed notice and signed disapproval letters and any 
     additional communications related to the subpoena may be 
     carried out by staff officers of the Chair and Ranking 
     Minority Member, and may occur through electronic mail. If 
     a subpoena is disapproved by the Ranking Minority Member 
     as provided in this subsection, the subpoena may be 
     authorized by vote of the Members of the Committee. When 
     the Committee or Chair authorizes subpoenas, subpoenas may 
     be issued upon the signature of the Chair or any other 
     Member of the Committee designated by the Chair.
       D. Witness counsel. 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 or deposition to advise such witness while 
     the witness is testifying, of the witness's 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 Committee Chair may rule that representation

[[Page S766]]

     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 Committee by personal counsel not from the 
     Government, corporation, or association or by personal 
     counsel not representing other witnesses. This subsection 
     shall not be construed to excuse a witness from testifying in 
     the event the witness's counsel is ejected for conduct that 
     prevents, impedes, disrupts, obstructs or interferes with the 
     orderly administration of the hearings; nor shall this 
     subsection 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.
       E. Witness transcripts. An accurate electronic or 
     stenographic record shall be kept of the testimony of all 
     witnesses in executive and public hearings. The record of a 
     witness's testimony whether in public or executive session 
     shall be made available for inspection by the witness or the 
     witness's counsel under Committee 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 provided to any witness at the witness's 
     expense if the witness so requests. Upon inspecting that 
     transcript, within a time limit set by the chief clerk of the 
     Committee, a witness may request changes in the transcript to 
     correct errors of transcription and grammatical errors; the 
     Chair or a staff officer designated by the Chair shall rule 
     on such requests.
       F. Impugned persons. Any person whose name is mentioned or 
     is specifically identified, and who believes that evidence 
     presented, or comment made by a Member of the Committee or 
     staff officer, at a public hearing or at a closed hearing 
     concerning which there have been public reports, tends to 
     impugn the person's character or adversely affect the 
     person's reputation may:
       (a) File a sworn statement of facts relevant to the 
     evidence or comment, which statement shall be considered for 
     placement in the hearing record by the Committee;
       (b) Request the opportunity to appear personally before the 
     Committee to testify in the person's own behalf, which 
     request shall be considered by the Committee; and
       (c) Submit questions in writing which the person requests 
     be used for the cross-examination of other witnesses called 
     by the Committee, which questions shall be considered for use 
     by the Committee.
       G. Radio, television, and photography. The Committee, or 
     any Subcommittee thereof, may permit the proceedings of 
     hearings which are open to the public to be photographed and 
     broadcast by radio, television or both, subject to such 
     conditions as the Committee, or Subcommittee, may impose. 
     (Rule XXVI, Sec. 5(c), Standing Rules of the Senate.)
       H. Advance statements of witnesses. A witness appearing 
     before the Committee, or any Subcommittee thereof, shall 
     provide electronically a written statement of the witness's 
     proposed testimony at least 2 calendar days prior to the 
     witness' appearance, excluding Saturdays, Sundays, and legal 
     holidays in which the Senate is not in session. This 
     requirement may be waived by the Chair and the Ranking 
     Minority Member following their determination that there is 
     good cause for failure of compliance. (Rule XXVI, Sec. 4(b), 
     Standing Rules of the Senate.)
       I. Selection of hearing witnesses. In any hearing conducted 
     by the Committee, or any Subcommittee thereof, the Chair and 
     Ranking Minority Member shall consult and seek agreement on 
     the selection of witnesses. Should the Chair and Ranking 
     Minority Member not reach agreement on the selection of 
     witnesses and the Chair has selected non-government 
     witnesses, the Ranking Minority Member is entitled to select 
     at least one non-government witness. The Chair will set the 
     total number of non-government witnesses with the Ranking 
     Minority Member entitled to select an equal number of non-
     government witnesses, where the total number of non-
     government witnesses is an even number, or to select one less 
     witness than the Chair, where the total number of non-
     government witnesses is an odd number.
       J. Swearing in witnesses. In any hearings conducted by the 
     Committee, the Chair or the Chair's designee may swear in 
     each witness prior to their testimony.
       K. Full Committee depositions. Depositions may be taken 
     prior to or after a hearing as provided in this subsection.
       (1) Notices for the taking of depositions shall be 
     authorized and issued by the Chair, with the approval of the 
     Ranking Minority Member of the Committee. The Chair may 
     initiate depositions without the approval of the Ranking 
     Minority Member where the Chair has not received a letter of 
     disapproval of the deposition notice signed by the Ranking 
     Minority Member within 3 calendar days, excluding Saturdays, 
     Sundays, and legal holidays in which the Senate is not in 
     session, of the Ranking Minority Member's receipt of a letter 
     signed by the Chair providing notification of the Chair's 
     intent to issue a deposition notice, including identification 
     of all individuals sought to be deposed. Delivery and receipt 
     of the signed notification letter and signed disapproval 
     letter and any additional communications related to the 
     deposition may be carried out by staff officers of the Chair 
     and Ranking Member, and may occur through electronic mail. If 
     a deposition notice is disapproved by the Ranking Minority 
     Member as provided in this subsection, the deposition notice 
     may be authorized by a vote of the Members of the Committee. 
     Committee deposition notices shall specify a time and place 
     for examination, and the name of the Committee Member or 
     Members or staff officer or officers who will take the 
     deposition. Unless otherwise specified, the deposition shall 
     be in private. The Committee shall not initiate procedures 
     leading to criminal or civil enforcement proceedings for a 
     witness' failure to appear or produce unless the deposition 
     notice was accompanied by a Committee subpoena.
       (2) Witnesses may be accompanied at a deposition by counsel 
     to advise them of their legal rights, subject to the 
     provisions of Rule 5D.
       (3) Oaths at depositions may be administered by an 
     individual authorized by local law to administer oaths. 
     Questions shall be propounded orally by a Committee Member or 
     Members or staff. If a witness objects to a question and 
     refuses to testify, the objection shall be noted for the 
     record and the Committee Member or Members or staff may 
     proceed with the remainder of the deposition.
       (4) The Committee shall see that the testimony is 
     transcribed or electronically recorded (which may include 
     audio or audio/video recordings). If it is transcribed, the 
     transcript shall be made available for inspection by the 
     witness or the witness's counsel under Committee supervision. 
     The witness shall sign a copy of the transcript and may 
     request changes to it, which shall be handled in accordance 
     with the procedure set forth in subsection (E). If the 
     witness fails to sign a copy, the staff shall note that fact 
     on the transcript. The individual administering the oath 
     shall certify on the transcript that the witness was duly 
     sworn in their presence, the transcriber shall certify that 
     the transcript is a true record of the testimony, and the 
     transcript shall then be filed with the chief clerk of the 
     Committee. The Chair or a staff officer designated by the 
     Chair may stipulate with the witness to changes in the 
     procedure; deviations from this procedure which do not 
     substantially impair the reliability of the record shall not 
     relieve the witness from the witness's obligation to testify 
     truthfully.
     Rule 6. Committee Reporting Procedures
       A. Timely filing. When the Committee has ordered a measure 
     or matter reported, following final action, the report 
     thereon shall be filed in the Senate at the earliest 
     practicable time. (Rule XXVI, Sec. 10(b), Standing Rules of 
     the Senate.)
       B. Supplemental, Minority, and additional views. A Member 
     of the Committee who gives notice of an intention to file 
     supplemental, Minority, or additional views at the time of 
     final Committee approval of a measure or matter shall be 
     entitled to not less than 3 calendar days excluding 
     Saturdays, Sundays, and legal holidays in which the Senate is 
     not in session, in which to file such views, in writing, with 
     the chief clerk of the Committee. Such views shall then be 
     included in the Committee report and printed in the same 
     volume, as a part thereof, and their inclusion shall be noted 
     on the cover of the report. In the absence of timely notice, 
     the Committee report may be filed and printed immediately 
     without such views. (Rule XXVI, Sec. 10(c), Standing Rules of 
     the Senate.)
       C. Notice by Subcommittee Chair. The Chair of each 
     Subcommittee shall notify the Chair of the Committee in 
     writing whenever any measure has been ordered reported by 
     such Subcommittee and is ready for consideration by the full 
     Committee.
       D. Draft reports of Subcommittees. All draft reports 
     prepared by Subcommittees of this Committee on any measure or 
     matter referred to it by the Chair shall be in the form, 
     style, and arrangement required to conform to the applicable 
     provisions of the Standing Rules of the Senate, and shall be 
     in accordance with the established practices followed by the 
     Committee. Upon completion of such draft reports, copies 
     thereof shall be filed with the chief clerk of the Committee 
     at the earliest practicable time.
       E. Impact statements in reports. All Committee reports, 
     accompanying a bill or joint resolution of a public character 
     reported by the Committee, shall contain (1) an estimate, 
     made by the Committee, of the costs which would be incurred 
     in carrying out the legislation for the then current fiscal 
     year and for each of the next 5 years thereafter (or for the 
     authorized duration of the proposed legislation, if less than 
     5 years); and (2) a comparison of such cost estimates with 
     any made by a Federal agency; or (3) in lieu of such estimate 
     or comparison, or both, a statement of the reasons for 
     failure by the Committee to comply with these requirements as 
     impracticable, in the event of inability to comply therewith. 
     (Rule XXVI, Sec. 11(a), Standing Rules of the Senate.)
       Each such report shall also contain an evaluation, made by 
     the Committee, of the regulatory impact which would be 
     incurred in carrying out the bill or joint resolution. The 
     evaluation shall include (a) an estimate of the numbers of 
     individuals and businesses who would be regulated and a 
     determination of the groups and classes of such individuals 
     and businesses, (b) a determination of the economic impact of 
     such regulation on the individuals, consumers, and businesses 
     affected, (c) a determination of the impact on the personal 
     privacy of the individuals affected, and (d) a determination 
     of the

[[Page S767]]

     amount of paperwork that will result from the regulations to 
     be promulgated pursuant to the bill or joint resolution, 
     which determination may include, but need not be limited to, 
     estimates of the amount of time and financial costs required 
     of affected parties, showing whether the effects of the bill 
     or joint resolution could be substantial, as well as 
     reasonable estimates of the recordkeeping requirements that 
     may be associated with the bill or joint resolution. Or, in 
     lieu of the forgoing evaluation, the report shall include a 
     statement of the reasons for failure by the Committee to 
     comply with these requirements as impracticable, in the event 
     of inability to comply therewith. (Rule XXVI, Sec. 11(b), 
     Standing Rules of the Senate.)
     Rule 7. Committee Confidentiality
       Any Senator, officer, or employee of the Senate who shall 
     disclose the secret or confidential business or proceedings 
     of the Senate, including the business and proceedings of the 
     committees, subcommittees, and offices of the Senate, shall 
     be liable, if a Senator, to suffer expulsion from the body; 
     and if an officer or employee, to dismissal from the service 
     of the Senate, and to punishment for contempt. (Rule XXIX, 
     Sec. 5, Standing Rules of the Senate.)
     Rule 8. Subcommittees and Subcommittee Procedures
       A. Regularly established Subcommittees. The Committee shall 
     have three regularly established Subcommittees. The 
     Subcommittees are as follows:
       PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
       SUBCOMMITTEE ON EMERGING THREATS AND SPENDING OVERSIGHT
       SUBCOMMITTEE ON GOVERNMENT OPERATIONS AND BORDER MANAGEMENT
       B. Ad hoc Subcommittees. Following consultation with the 
     Ranking Minority Member, the Chair shall, from time to time, 
     establish such ad hoc Subcommittees as the Chair deems 
     necessary to expedite Committee business.
       C. Subcommittee membership. Following consultation with the 
     Majority Members, and the Ranking Minority Member of the 
     Committee, the Chair shall announce selections for membership 
     on the Subcommittees referred to in paragraphs A and B, 
     above.
       (1) The Chair and Ranking Minority Member shall serve as 
     nonvoting ex officio members of the subcommittees on which 
     they do not serve as voting members.
       (2) Any Member of the Committee may attend hearings held by 
     any subcommittee and question witnesses testifying before 
     that Subcommittee, subject to the approval of the 
     Subcommittee Chair and Ranking Member.
       D. Subcommittee meetings and hearings. Each Subcommittee of 
     this Committee is authorized to establish meeting dates and 
     adopt rules not inconsistent with the rules of the Committee 
     except as provided in Rules 2(D) and 8(E).
       E. Subcommittee subpoenas. Each Subcommittee is authorized 
     to adopt rules concerning subpoenas which need not be 
     consistent with the rules of the Committee; provided:
       (1) A written notice of intent to issue the subpoena shall 
     be provided to the Chair and Ranking Minority Member of the 
     Committee, or staff officers designated by them, by the 
     Subcommittee Chair or a staff officer designated by the 
     Subcommittee Chair immediately upon such authorization, and 
     no subpoena shall be issued for at least 2 calendar days, 
     excluding Saturdays, Sundays, and legal holidays in which the 
     Senate is not in session, from delivery to the appropriate 
     offices, unless the Chair and Ranking Minority Member waive 
     the notice period or unless the Subcommittee Chair certifies 
     in writing to the Chair and Ranking Minority Member that, in 
     the Subcommittee Chair's opinion, it is necessary to issue a 
     subpoena immediately.
       F. Subcommittee budgets. During the first year of a new 
     Congress, each Subcommittee that requires authorization for 
     the expenditure of funds for the conduct of inquiries and 
     investigations, shall file with the chief clerk of the 
     Committee, by a date and time prescribed by the Chair, its 
     request for funds for the two (2) 12-month periods beginning 
     on March 1 and extending through and including the last day 
     of February of the 2 following years, which years comprise 
     that Congress. Each such request shall be submitted on the 
     budget form prescribed by the Committee on Rules and 
     Administration, and shall be accompanied by a written 
     justification addressed to the Chair of the Committee, which 
     shall include (1) a statement of the Subcommittee's area of 
     activities, (2) its accomplishments during the preceding 
     Congress detailed year by year, and (3) a table showing a 
     comparison between (a) the funds authorized for expenditure 
     during the preceding Congress detailed year by year, (b) the 
     funds actually expended during that Congress detailed year by 
     year, (c) the amount requested for each year of the Congress, 
     and (d) the number of professional and clerical staff members 
     and consultants employed by the Subcommittee during the 
     preceding Congress detailed year by year and the number of 
     such personnel requested for each year of the Congress. The 
     Chair may request additional reports from the Subcommittees 
     regarding their activities and budgets at any time during a 
     Congress. (Rule XXVI, Sec. 9, Standing Rules of the Senate.)
     Rule 9. Confirmation Standards and Procedures
       A. Standards. In considering a nomination, the Committee 
     shall inquire into the nominee's experience, qualifications, 
     suitability, and integrity to serve in the position to which 
     the nominee has been nominated. The Committee shall recommend 
     confirmation, upon finding that the nominee has the necessary 
     integrity and is affirmatively qualified by reason of 
     training, education, or experience to carry out the functions 
     of the office to which the nominee was nominated.
       B. Information concerning the Nominee. Each nominee shall 
     submit the following information to the Committee:
       (1) A detailed biographical resume which contains 
     information relating to education, employment, and 
     achievements;
       (2) Financial information, in such specificity as the 
     Committee deems necessary, including a list of assets and 
     liabilities of the nominee and tax returns for the 3 years 
     preceding the time of the person's nomination, and copies of 
     other relevant documents requested by the Committee, such as 
     a proposed blind trust agreement, necessary for the 
     Committee's consideration; and
       (3) Copies of other relevant documents the Committee may 
     request, such as responses to questions concerning the 
     policies and programs the nominee intends to pursue upon 
     taking office. At the request of the Chair or the Ranking 
     Minority Member, a nominee shall be required to submit a 
     certified financial statement compiled by an independent 
     auditor. Information received pursuant to this subsection 
     shall be made available for public inspection; provided, 
     however, that tax returns shall, after review by persons 
     designated in subsection (C) of this rule, be placed under 
     seal to ensure confidentiality.
       C. Procedures for Committee inquiry. The Committee shall 
     conduct an inquiry into the experience, qualifications, 
     suitability, and integrity of nominees, and shall give 
     particular attention to the following matters:
       (1) A review of the biographical information provided by 
     the nominee, including, but not limited to, any professional 
     activities related to the duties of the office to which the 
     person is nominated;
       (2) A review of the financial information provided by the 
     nominee, including tax returns for the 3 years preceding the 
     time of the person's nomination;
       (3) A review of any actions, taken or proposed by the 
     nominee, to remedy conflicts of interest; and
       (4) A review of any personal or legal matter which may bear 
     upon the nominee's qualifications for the office to which the 
     person is nominated. For the purpose of assisting the 
     Committee in the conduct of this inquiry, a Majority 
     investigator or investigators shall be designated by the 
     Chair and a Minority investigator or investigators shall be 
     designated by the Ranking Minority Member. The Chair, Ranking 
     Minority Member, other Members of the Committee, and 
     designated investigators shall have access to all 
     investigative reports on nominees prepared by any Federal 
     agency, including access to the report of the Federal Bureau 
     of Investigation. The Committee may request the assistance of 
     the U.S. Government Accountability Office and any other such 
     expert opinion as may be necessary in conducting its review 
     of information provided by nominees.
       D. Report on the Nominee. After a review of all information 
     pertinent to the nomination, a confidential report on the 
     nominee shall be made in the case of judicial nominees and 
     may be made in the case of non-judicial nominees by the 
     designated investigators to the Chair and the Ranking 
     Minority Member and, upon request, to any other Member of the 
     Committee. The report shall summarize the steps taken by the 
     Committee during its investigation of the nominee and the 
     results of the Committee inquiry, including any unresolved 
     matters that have been raised during the course of the 
     inquiry.
       E. Hearings. The Committee shall conduct a public hearing 
     during which the nominee shall be called to testify under 
     oath on all matters relating to the nominee's suitability for 
     office, including the policies and programs which the nominee 
     will pursue while in that position. No hearing shall be held 
     until at least 3 calendar days after the following events 
     have occurred: The nominee has responded to prehearing 
     questions submitted by the Committee; and, if applicable, the 
     report described in subsection (D) has been made to the Chair 
     and Ranking Minority Member, and is available to other 
     Members of the Committee, upon request.
       F. Action on confirmation. A mark-up on a nomination shall 
     not occur on the same day that the hearing on the nominee is 
     held. In order to assist the Committee in reaching a 
     recommendation on confirmation, the staff may make an oral 
     presentation to the Committee at the mark-up, factually 
     summarizing the nominee's background and the steps taken 
     during the pre-hearing inquiry.
       G. Application. The procedures contained in subsections 
     (C), (D), (E), and (F) of this rule shall apply to persons 
     nominated by the President to positions requiring their full-
     time service. At the discretion of the Chair and Ranking 
     Minority Member, those procedures may apply to persons 
     nominated by the President to serve on a part-time basis.
     Rule 10. Personnel Actions Affecting Committee Staff
       In accordance with Rule XLII of the Standing Rules of the 
     Senate and the Congressional Accountability Act of 1995 (P.L. 
     104-1), all personnel actions affecting the staff of the 
     Committee shall be made free from any

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     discrimination based on race, color, religion, sex, national 
     origin, age, state of physical handicap, or disability.
     Rule 11. Apprisal of Committee Business
       The Chair and Ranking Minority Member shall keep each other 
     apprised of hearings, investigations, and other Committee 
     business.
     Rule 12. Per Diem for Foreign Travel
       A per diem allowance provided a Member of the Committee or 
     staff of the Committee in connection with foreign travel 
     shall be used solely for lodging, food, and related expenses 
     and it is the responsibility of the Member of the Committee 
     or staff of the Committee receiving such an allowance to 
     return to the United States Government that portion of the 
     allowance received which is not actually used for necessary 
     lodging, food, and related expenses. (Rule XXXIX, Paragraph 
     3, Standing Rules of the Senate.)

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