COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RULES OF
PROCEDURE
Mr. LIEBERMAN. Mr. President, pursuant to the requirements of rule
XXVI, section 2, of the Standing Rules of the Senate, I ask unanimous
consent to have printed in the Record the rules of the Committee on
Homeland Security and Governmental Affairs for the 110th Congress
adopted by the committee on January 24, 2007.
There being no objection, the material was ordered to be printed in
the Record, as follows:
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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 Thursday 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
(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. (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
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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.
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;
(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.
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 hall 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 100 copies of a written statement and an executive
summary or synopsis 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 earing 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
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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's 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 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;
Oversight of Government Management, the Federal Workforce,
and the District of Columbia;
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:
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(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 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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