[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[Senate]
[Pages 3593-3597]
[From the U.S. Government Publishing Office, www.gpo.gov]




   COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RULES OF 
                               PROCEDURE

  Mr. LIEBERMAN. Mr. President, the Committee on Homeland Security and 
Governmental Affairs has adopted rules governing its procedures for the 
111th Congress. Pursuant to rule XXVI, paragraph 2, of the Standing 
Rules of the Senate, on behalf of myself and Senator Collins, I ask 
unanimous consent to have a copy of the committee rules printed in the 
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 
     Chairman shall determine. Additional meetings may be called 
     by the Chairman as he/she 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 Chairman to call a 
     special meeting, they may file in the offices of the 
     Committee a written request therefor, addressed to the 
     Chairman. Immediately thereafter, the clerk of the Committee 
     shall notify the Chairman of such request. If, within 3 
     calendar days after the filing of such request, the Chairman 
     fails to call the requested special meeting, which is to be 
     held within 7 calendar days after the filing of such request, 
     a majority of the 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 
     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 3 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 a 
     3-day 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

[[Page 3594]]

       (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 Chairman to enforce 
     order on his or her own initiative and without any point of 
     order being made by a Member of the Committee or 
     Subcommittee; provided, further, that when the Chairman finds 
     it necessary to maintain order, he/she 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, at 
     least 24 hours before the meeting of the Committee or 
     Subcommittee at which the amendment is to be proposed. 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. This 
     subsection shall apply only when at least 72 hours 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 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.
       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 and matters before the Committee, or any 
     Subcommittee thereof, except that, when the Committee, or any 
     Subcommittee thereof, is voting to report a measure or 
     matter, proxy votes shall be allowed solely for the purposes 
     of recording a Member's position on the pending question. 
     Proxy voting shall be allowed only if the absent Committee or 
     Subcommittee Member has been informed of the matter on which 
     he or she is being recorded and has affirmatively requested 
     that he or she be so recorded. 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 his or her 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 Chairman, or a Committee Member or staff 
     officer designated by him/her, 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.


             RULE 4. CHAIRMANSHIP OF MEETINGS AND HEARINGS

       The Chairman shall preside at all Committee meetings and 
     hearings except that he or she shall designate a temporary 
     Chairman to act in his or her place if he or she is unable to 
     be present at a scheduled meeting or hearing. If the Chairman 
     (or his or her designee) is absent 10 minutes after the 
     scheduled time set for a meeting or hearing, the Ranking 
     Majority Member present shall preside until the Chairman's 
     arrival. If there is no Member of the Majority present, the 
     Ranking Minority Member present, with the prior approval of 
     the Chairman, 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 1 week in advance of such 
     hearing, 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;

[[Page 3595]]

       (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 Chairman to enforce 
     order on his or her own initiative and without any point of 
     order being made by a Member of the Committee or 
     Subcommittee; provided, further, that when the Chairman finds 
     it necessary to maintain order, he or she 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 Chairman, with the 
     approval of the Ranking Minority Member of the Committee, is 
     authorized to subpoena the attendance of witnesses or the 
     production of memoranda, documents, records, or any other 
     materials at a hearing or deposition, provided that the 
     Chairman may subpoena attendance or production without the 
     approval of the Ranking Minority Member where the Chairman or 
     a staff officer designated by him/her has not received 
     notification from the Ranking Minority Member or a staff 
     officer designated by him/her of disapproval of the subpoena 
     within 72 hours, excluding Saturdays and Sundays, of being 
     notified of the subpoena. 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 Chairman authorizes 
     subpoenas, subpoenas may be issued upon the signature of the 
     Chairman or any other Member of the Committee designated by 
     the Chairman.
       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 
     he or she is testifying, of his or her legal rights; 
     provided, however, that in the case of any witness who is an 
     officer or employee of the government, or of a corporation or 
     association, the Committee Chairman may rule that 
     representation 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 his or her counsel is ejected for conducting 
     himself or herself in such manner so as to prevent, impede, 
     disrupt, obstruct or interfere 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 his 
     or her testimony whether in public or executive session shall 
     be made available for inspection by the witness or his or her 
     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 his or her expense if he or she so 
     requests. Upon inspecting his or her 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 Chairman or a staff 
     officer designated by him/her 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 his or her character or adversely affect his or her 
     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 his or her own behalf, which request 
     shall be considered by the Committee; and
       (c) Submit questions in writing which he or she 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 his or her 
     proposed testimony at least 48 hours prior to his or her 
     appearance. This requirement may be waived by the Chairman 
     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 the 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. 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 Chairman, with the approval of 
     the Ranking Minority Member of the Committee, provided that 
     the Chairman may initiate depositions without the approval of 
     the Ranking Minority Member where the Chairman or a staff 
     officer designated by him/her has not received notification 
     from the Ranking Minority Member or a staff officer 
     designated by him/her of disapproval of the deposition within 
     72 hours, excluding Saturdays and Sundays, of being notified 
     of the deposition notice. 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 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 his or her 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 his or her presence, the transcriber shall certify 
     that the transcript is a true record of the testimony, and 
     the transcript shall then be filed with the chief clerk of 
     the Committee. The Chairman or a staff officer designated by 
     him/her 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 his or her 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

[[Page 3596]]

     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 his or her 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 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 Chairmen. The Chairman of each 
     Subcommittee shall notify the Chairman 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 Chairman, 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 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. 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 Oversight of Government 
     Management, the Federal Workforce, and the District of 
     Columbia; and Subcommittee on Federal Financial Management, 
     Government Information, Federal Services, and International 
     Security.
       B. Ad hoc Subcommittees. Following consultation with the 
     Ranking Minority Member, the Chairman shall, from time to 
     time, establish such ad hoc Subcommittees as he/she deems 
     necessary to expedite Committee business.
       C. Subcommittee membership. Following consultation with the 
     Majority Members, and the Ranking Minority Member of the 
     Committee, the Chairman shall announce selections for 
     membership on the Subcommittees referred to in paragraphs A 
     and B, above.
       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 7(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, 
     however, that in the event the Subcommittee authorizes the 
     issuance of a subpoena pursuant to its own rules, a written 
     notice of intent to issue the subpoena shall be provided to 
     the Chairman and Ranking Minority Member of the Committee, or 
     staff officers designated by them, by the Subcommittee 
     Chairman or a staff officer designated by him/her immediately 
     upon such authorization, and no subpoena shall be issued for 
     at least 48 hours, excluding Saturdays and Sundays, from 
     delivery to the appropriate offices, unless the Chairman and 
     Ranking Minority Member waive the 48-hour waiting period or 
     unless the Subcommittee Chairman certifies in writing to the 
     Chairman and Ranking Minority Member that, in his or her 
     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 Chairman, 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 Chairman 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 Chairman 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 8. 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 
     he or she 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 he or she 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 his or her 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 Chairman 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 he or 
     she is nominated;
       (2) A review of the financial information provided by the 
     nominee, including tax returns for the 3 years preceding the 
     time of his or her 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 he 
     or she 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 
     Chairman and a Minority investigator or investigators shall 
     be designated by the Ranking Minority Member. The Chairman, 
     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, except that

[[Page 3597]]

     only the Chairman, the Ranking Minority Member, or other 
     Members of the Committee, upon request, shall have access to 
     the report of the Federal Bureau of Investigation. The 
     Committee may request the assistance of the General 
     Accounting 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 Chairman 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 his or her suitability for 
     office, including the policies and programs which he or she 
     will pursue while in that position. No hearing shall be held 
     until at least 72 hours 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 Chairman 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 Chairman and Ranking 
     Minority Member, those procedures may apply to persons 
     nominated by the President to serve on a part-time basis.


          RULE 9. 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.

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