[Congressional Record Volume 167, Number 38 (Monday, March 1, 2021)]
[Senate]
[Pages S950-S952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS RULES OF PROCEDURE

  Mr. PETERS. 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 March 1, 2021, 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:

[[Page S951]]

  


                             117th Congress

      Rules of Procedure for the Senate Permanent Subcommittee on 
  Investigations of the Committee Homeland Security and Governmental 
                           Affairs as Adopted

                             March 1, 2021

       1. No public hearing connected with an investigation may be 
     held without the approval of either the Chair and the Ranking 
     Minority Member or a Majority of the Members of the 
     Subcommittee.\1\ 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 Chair 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 Chair, Staff Director, or Chief Counsel. 
     Investigations may be undertaken upon the approval of the 
     Chair 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 Chair, or any 
     other Member of the Subcommittee designated by the Chair, 
     with notice to the Ranking Minority Member. A written notice 
     of intent to issue a subpoena shall be provided to the Chair 
     and Ranking Minority Member of the Committee, or staff 
     officers designated by them, by the Chair or a staff officer 
     designated by the Chair, 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 Chair and Ranking Minority 
     Member of the Committee waive the 48 hour waiting period or 
     unless the Chair certifies in writing to the Chair and 
     Ranking Minority Member of the Committee that, in the Chair's 
     opinion, it is necessary to issue a subpoena immediately.
       3. The Chair shall have the authority to call meetings of 
     the Subcommittee. This authority may be delegated by the 
     Chair to any other Member of the Subcommittee when necessary.
       4. If at least three Members of the Subcommittee desire the 
     Chair to call a special meeting, they may file, in the office 
     of the Subcommittee, a written request therefor, addressed to 
     the Chair. Immediately thereafter, the clerk of the 
     Subcommittee 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 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 Chair 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, 
     witness counsel, or any spectator conducts themselves in such 
     a manner as to prevent, impede, disrupt, obstruct, or 
     interfere with the orderly administration of such hearing, 
     the Chair or presiding Member of the Subcommittee present 
     during such hearing may request the Sergeant at Arms of the 
     Senate, a representative of the Sergeant at Arms of the 
     Senate, 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 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 Chair 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 
     witness counsel is ejected for conduct preventing, impeding, 
     disrupting, obstructing, or interfering 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 Chair. The Chair of the 
     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'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 Chair or such 
     Subcommittee Member as designated by the Chair. If the Chair 
     or designated Member overrules the objection, these Members 
     may refer the matter to the Subcommittee or 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 being ordered and directed to answer by the Chair 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 the individual's 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 the 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 Chair, Staff Director, or Chief 
     Counsel 48 hours in advance of the hearings at which the 
     statement is to be presented unless the Chair 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 the witness. 
     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 a witness's own testimony, whether in public or 
     executive session, shall be made available for inspection by 
     the witness or witness 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 the witness's expense if requested.
       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 Chair 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 Chair, by a Member of the Subcommittee, or by counsel of 
     the Subcommittee.

[[Page S952]]

  

       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 the 
     person or otherwise adversely affect the person's reputation, 
     may (a) request to appear personally before the Subcommittee 
     to testify, 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 Chair, 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 otherwise 
     specifically identified during a public hearing held before 
     the Subcommittee, unless the Chair and the Ranking Minority 
     Member waive this requirement.
       If a person requests to file a 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 the person's 
     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 
     the Ranking Minority Member 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 Chair 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 Chair 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.


                                endnote

       1. Throughout these rules, the Chair and Ranking Minority 
     Member of the Subcommittee are referred to simply as the 
     ``Chair'' and the ``Ranking Minority Member.'' These rules 
     refer to the Chair and Ranking Minority Member of the 
     Committee on Homeland Security and Governmental Affairs as 
     the Chair and Ranking Minority Member ``of the Committee.''

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