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COMMITTEE PRINT
Rules of Procedure
of the
COMMITTEE ON HOMELAND SECURITY
AND GOVERNMENTAL AFFAIRS
United States Senate
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
MARCH 2007
PRINTED FOR THE USE OF THE COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
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S. Prt. 109-14
COMMITTEE PRINT
Rules of Procedure
of the
COMMITTEE ON HOMELAND SECURITY
AND GOVERNMENTAL AFFAIRS
United States Senate
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
MARCH 2007
PRINTED FOR THE USE OF THE COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
____________________________________________________________
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Deleware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New
CLAIRE McCASKILL, Missouri Mexico
JON TESTER, Montana JOHN WARNER, Virginia
JOHN E. SUNUNU, New
Hampshire
Michael L. Alexander, Staff Director
Brandon L. Milhorn, Minority Staff Director
Trina Driessnack Tyrer, Chief Clerk
(ii)
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C O N T E N T S
-----------
Rules of procedure adopted by the Committee on Homeland Security
and Governmental Affairs:
Page
Rule 1. Meetings and meeting procedures other than hearings..... 1
Rule 2. Quorums................................................. 5
Rule 3. Voting.................................................. 6
Rule 4. Chairmanship of meetings and hearings................... 9
Rule 5. Hearings and hearing procedures......................... 10
Rule 6. Committee reporting procedures.......................... 18
Rule 7. Subcommittees and Subcommittee procedures............... 21
Rule 8. Confirmation standards and procedures................... 24
Rule 9. Personnel actions affecting Committee staff............. 27
S. Res. 50 (funding and jurisdiction of the Committee)............ 29
(iii)
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. 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.
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.
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 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 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 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
SUBCOMMITTEE ON FEDERAL FINANCIAL MANAGEMENT, GOVERNMENT
INFORMATION, FEDERAL SERVICES, AND INTERNATIONAL SECURITY
AD HOC SUBCOMMITTEE ON STATE, LOCAL, AND PRIVATE SECTOR
PREPAREDNESS AND INTEGRATION
AD HOC SUBCOMMITTEE ON DISASTER RECOVERY
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 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.
SENATE RESOLUTION 89, 110th CONGRESS, 1st SESSION
(CONSIDERED AND AGREED TO MARCH 1, 2007)
AUTHORIZING EXPENDITURES BY COMMITTEES OF THE SENATE FOR THE
PERIODS MARCH 1, 2007, THROUGH SEPTEMBER 30, 2007, AND
OCTOBER 1, 2007, THROUGH SEPTEMBER 30, 2008, AND OCTOBER 1,
2008, THROUGH FEBRUARY 28, 2009
SEC. 11. COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL
AFFAIRS.
(a) General Authority.--In carrying out its powers,
duties, and functions under the Standing Rules of the
Senate, in accordance with its jurisdiction under rule XXV
of such rules and S. Res. 445, agreed to October 9, 2004
(108th Congress), including holding hearings, reporting such
hearings, and making investigations as authorized by
paragraphs 1 and 8 of rule XXVI of the Standing Rules of the
Senate, the Committee on Homeland Security and Governmental
Affairs is authorized from March 1, 2007, through February
28, 2009, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel; and
(3) with the prior consent of the Government department
or agency concerned and the Committee on Rules and
Administration, to use on a reimbursable, or
nonreimbursable, basis the services of personnel of any such
department or agency.
(b) Expenses for Period Ending September 30, 2007.--The
expenses of the committee for the period March 1, 2007,
through September 30, 2007, under this section shall not
exceed $5,393,404, of which amount--
(1) not to exceed $75,000, may be expended for the
procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of
the Legislative Reorganization Act of 1946 (2 U.S.C.
72a(i))); and
(2) not to exceed $20,000, may be expended for the
training of the professional staff of such committee (under
procedures specified by section 202(j) of that Act).
(c) Expenses for Fiscal Year 2008 Period.--The expenses of
the committee for the period October 1, 2007, through
September 30, 2008, under this section shall not exceed
$9,451,962, of which amount--
(1) not to exceed $75,000, may be expended for the
procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of
the Legislative Reorganization Act of 1946 (2 U.S.C.
72a(i))); and
(2) not to exceed $20,000, may be expended for the
training of the professional staff of such committee (under
procedures specified by section 202(j) of that Act).
(d) Expenses for Period Ending February 28, 2009.--For the
period October 1, 2008, through February 28, 2009, expenses
of the committee under this section shall not exceed
$4,014,158, of which amount--
(1) not to exceed $75,000, may be expended for the
procurement of the services of individual consultants, or
organizations thereof (as authorized by section 202(i) of
the Legislative Reorganization Act of 1946); and
(2) not to exceed $20,000, may be expended for the
training of the professional staff of such committee (under
procedures specified by section 202(j) of that Act).
(e) Investigations.--
(1) In general.--The committee, or any duly authorized
subcommittee of the committee, is authorized to study or
investigate--
(A) the efficiency and economy of operations of all
branches of the Government including the possible existence
of fraud, misfeasance, malfeasance, collusion,
mismanagement, incompetence, corruption, or unethical
practices, waste, extravagance, conflicts of interest, and
the improper expenditure of Government funds in
transactions, contracts, and, activities of the Government
or of Government officials and employees and any and all
such improper practices between Government personnel and
corporations, individuals, companies, or persons affiliated
therewith, doing business with the Government; and the
compliance or noncompliance of such corporations, companies,
or individuals or other entities with the rules,
regulations, and laws governing the various governmental
agencies and its relationships with the public;
(B) the extent to which criminal or other improper
practices or activities are, or have been, engaged in the
field of labor-management relations or in groups or
organizations of employees or employers, to the detriment of
interests of the public, employers, or employees, and to
determine whether any changes are required in the laws of
the United States in order to protect such interests against
the occurrence of such practices or activities;
(C) organized criminal activity which may operate in
or otherwise utilize the facilities of interstate or
international commerce in furtherance of any transactions
and the manner and extent to which, and the identity of the
persons, firms, or corporations, or other entities by whom
such utilization is being made, and further, to study and
investigate the manner in which and the extent to which
persons engaged in organized criminal activity have
infiltrated lawful business enterprise, and to study the
adequacy of Federal laws to prevent the operations of
organized crime in interstate or international commerce; and
to determine whether any changes are required in the laws of
the United States in order to protect the public against
such practices or activities;
(D) all other aspects of crime and lawlessness within
the United States which have an impact upon or affect the
national health, welfare, and safety; including but not
limited to investment fraud schemes, commodity and security
fraud, computer fraud, and the use of offshore banking and
corporate facilities to carry out criminal objectives;
(E) the efficiency and economy of operations of all
branches and functions of the Government with particular
reference to--
(i) the effectiveness of present national security
methods, staffing, and processes as tested against the
requirements imposed by the rapidly mounting complexity of
national security problems;
(ii) the capacity of present national security
staffing, methods, and processes to make full use of the
Nation's resources of knowledge and talents;
(iii) the adequacy of present intergovernmental
relations between the United States and international
organizations principally concerned with national security
of which the United States is a member; and
(iv) legislative and other proposals to improve
these methods, processes, and relationships;
(F) the efficiency, economy, and effectiveness of all
agencies and departments of the Government involved in the
control and management of energy shortages including, but
not limited to, their performance with respect to--
(i) the collection and dissemination of accurate
statistics on fuel demand and supply;
(ii) the implementation of effective energy
conservation measures;
(iii) the pricing of energy in all forms;
(iv) coordination of energy programs with State and
local government;
(v) control of exports of scarce fuels;
(vi) the management of tax, import, pricing, and
other policies affecting energy supplies;
(vii) maintenance of the independent sector of the
petroleum industry as a strong competitive force;
(viii) the allocation of fuels in short supply by
public and private entities;
(ix) the management of energy supplies owned or
controlled by the Government;
(x) relations with other oil producing and consuming
countries;
(xi) the monitoring of compliance by governments,
corporations, or individuals with the laws and regulations
governing the allocation, conservation, or pricing of energy
supplies; and
(xii) research into the discovery and development of
alternative energy supplies; and
(G) the efficiency and economy of all branches and
functions of Government with particular references to the
operations and management of Federal regulatory policies and
programs.
(2) Extent of inquiries.--In carrying out the duties
provided in paragraph (1), the inquiries of this committee
or any subcommittee of the committee shall not be construed
to be limited to the records, functions, and operations of
any particular branch of the Government and may extend to
the records and activities of any persons, corporation, or
other entity.
(3) Special committee authority.--For the purposes of
this subsection, the committee, or any duly authorized
subcommittee of the committee, or its chairman, or any other
member of the committee or subcommittee designated by the
chairman, from March 1, 2007, through February 28, 2009, is
authorized, in its, his or her, or their discretion--
(A) to require by subpoena or otherwise the attendance
of witnesses and production of correspondence, books,
papers, and documents;
(B) to hold hearings;
(C) to sit and act at any time or place during the
sessions, recess, and adjournment periods of the Senate;
(D) to administer oaths; and
(E) to take testimony, either orally or by sworn
statement, or, in the case of staff members of the Committee
and the Permanent Subcommittee on Investigations, by
deposition in accordance with the Committee Rules of
Procedure.
(4) Authority of other committees.--Nothing contained in
this subsection shall affect or impair the exercise of any
other standing committee of the Senate of any power, or the
discharge by such committee of any duty, conferred or
imposed upon it by the Standing Rules of the Senate or by
the Legislative Reorganization Act of 1946.
(5) Subpoena authority.--All subpoenas and related legal
processes of the committee and its subcommittee authorized
under S. Res. 50, agreed to February 17, 2005 (109th
Congress) are authorized to continue.
U.S. GOVERNMENT PRINTING OFFICE : 2007 33-411 (F1406)