    [Congressional Record Volume 171, Number 36 (Monday, February 24, 2025)]
    [Senate]
    [Pages S1308-S1310]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    U.S. SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS RULES OF PROCEDURE

      Mr. PAUL. Mr. President, Senate Standing Rule XXVI requires each
    committee to adopt rules to govern the procedure of the committee and
    to publish those rules in the Congressional Record not later than March
    1 of the first year of each Congress. On February 20, 2025, 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
    that a copy of the rules of procedure of the Permanent Subcommittee on
    Investigations be printed in the Record.
      There being no objection, the material was ordered to be printed in
    the Record, as follows:

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

                              (February 20, 2025)

           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. 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

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         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.
           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

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         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.

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