Congressional Record, Volume 169 Issue 27 (Thursday, February 9, 2023)

[Congressional Record Volume 169, Number 27 (Thursday, February 9, 2023)]
[Senate]
[Pages S303-S307]
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 to have a
copy of the rules of procedure of the Committee on Homeland Security
and Governmental Affairs 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 4:00 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 thereof, on any measure or matter unless a
quorum, as prescribed in the preceding section, is actually
present.

[[Page S304]]

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
by counsel from the Government, corporation, or association
or by counsel representing other witnesses, creates a
conflict

[[Page S305]]

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. Minority witnesses. In any hearings conducted by the
Committee, or any Subcommittee thereof, the Minority Members
of the Committee or Subcommittee shall be entitled, upon
request to the Chairman by a Majority of Minority Members, to
call witnesses of their selection during at least 1 day of
such hearings. (Rule XXVI, Sec. 4(d), Standing Rules of the
Senate.)
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 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

[[Page S306]]

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 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

[[Page S307]]

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.)

____________________