[Congressional Record Volume 171, Number 36 (Monday, February 24, 2025)]
[Senate]
[Pages S1308-S1310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
U.S. SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS RULES OF PROCEDURE
Mr. PAUL. Mr. President, Senate Standing Rule XXVI requires each
committee to adopt rules to govern the procedure of the committee and
to publish those rules in the Congressional Record not later than March
1 of the first year of each Congress. On February 20, 2025, a majority
of the members of the Committee on Homeland Security and Governmental
Affairs' Permanent Subcommittee on Investigations adopted subcommittee
rules of procedure.
Consistent with Standing Rule XXVI, today I ask unanimous consent
that a copy of the rules of procedure of the Permanent Subcommittee on
Investigations be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Rules of Procedure for the Senate Permanent Subcommittee on
Investigations of the Committee on Homeland Security and Governmental
Affairs as Adopted
(February 20, 2025)
1. No public hearing connected with an investigation may be
held without the approval of either the Chair and the Ranking
Minority Member or a Majority of the Members of the
Subcommittee. In all cases, notification to all Subcommittee
Members of the intent to hold hearings must be given at least
7 days in advance to the date of the hearing. The Ranking
Minority Member should be kept fully apprised of preliminary
inquiries, investigations, and hearings. Preliminary
inquiries may be initiated by the Subcommittee Majority staff
upon the approval of the Chair and notice of such approval to
the Ranking Minority Member, Minority Staff Director, or the
Minority Chief Counsel. Preliminary inquiries may be
undertaken by the Minority staff upon the approval of the
Ranking Minority Member and notice of such approval to the
Chair, Staff Director, or Chief Counsel. Investigations may
be undertaken upon the approval of the Chair and the Ranking
Minority Member
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with notice of such approval to all Members of the
Subcommittee.
No public hearing shall be held if the Minority Members of
the Subcommittee unanimously object, unless the Committee on
Homeland Security and Governmental Affairs (the
``Committee'') approves of such public hearing by a majority
vote.
Senate Rules will govern all closed sessions convened by
the Subcommittee (Rule XXVI, Sec. 5(b), Standing Rules of the
Senate).
2. Subpoenas for witnesses, as well as documents and
records, may be authorized and issued by the Chair, or any
other Member of the Subcommittee designated by the Chair,
with notice to the Ranking Minority Member. A written notice
of intent to issue a subpoena shall be provided to the Chair
and Ranking Minority Member of the Committee, or staff
officers designated by them, by the Chair or a staff officer
designated by the Chair, immediately upon such authorization,
and no subpoena shall be issued for at least 48 hours,
excluding Saturdays and Sundays, from delivery to the
appropriate offices, unless the Chair and Ranking Minority
Member of the Committee waive the 48 hour waiting period or
unless the Chair certifies in writing to the Chair and
Ranking Minority Member of the Committee that, in the Chair's
opinion, it is necessary to issue a subpoena immediately.
3. The Chair shall have the authority to call meetings of
the Subcommittee. This authority may be delegated by the
Chair to any other Member of the Subcommittee when necessary.
4. If at least three Members of the Subcommittee desire the
Chair to call a special meeting, they may file, in the office
of the Subcommittee, a written request therefor, addressed to
the Chair. Immediately thereafter, the clerk of the
Subcommittee shall notify the Chair of such request. If,
within 3 calendar days after the filing of such request, the
Chair fails to call the requested special meeting, which is
to be held within 7 calendar days after the filing of such
request, a majority of the Subcommittee Members may file in
the office of the Subcommittee their written notice that a
special Subcommittee meeting will be held, specifying the
date and hour thereof, and the Subcommittee shall meet on
that date and hour. Immediately upon the filing of such
notice, the Subcommittee clerk shall notify all Subcommittee
Members that such special meeting will be held and inform
them of its date and hour. If the Chair is not present at any
regular, additional or special meeting, the Ranking Majority
Member present shall preside.
5. For public or executive sessions, one Member of the
Subcommittee shall constitute a quorum for the administering
of oaths and the taking of testimony in any given case or
subject matter.
One-third of the Members of the Subcommittee shall
constitute a quorum for the transaction of Subcommittee
business other than the administering of oaths and the taking
of testimony, provided that at least one member of the
minority is present.
6. All witnesses at public or executive hearings who
testify to matters of fact shall be sworn.
7. If, during public or executive sessions, a witness,
witness counsel, or any spectator conducts themselves in such
a manner as to prevent, impede, disrupt, obstruct, or
interfere with the orderly administration of such hearing,
the Chair or presiding Member of the Subcommittee present
during such hearing may request the Sergeant at Arms of the
Senate, a representative of the Sergeant at Arms of the
Senate, or any law enforcement official to eject said person
from the hearing room.
8. Counsel retained by any witness and accompanying such
witness shall be permitted to be present during the testimony
of such witness at any public or executive hearing and to
advise such witness while the witness is testifying of the
witness's legal rights; provided, however, that in the case
of any witness who is an officer or employee of the
government, or of a corporation or association, the Chair may
rule that representation by counsel from the government,
corporation, or association, or by counsel representing
another witness, creates a conflict of interest, and that the
witness may only be represented during interrogation by
Subcommittee staff or during testimony before the
Subcommittee by personal counsel not from the government,
corporation, or association, or by personal counsel not
representing another witness. This rule shall not be
construed to excuse a witness from testifying in the event
witness counsel is ejected for conduct preventing, impeding,
disrupting, obstructing, or interfering with the orderly
administration of the hearings; nor shall this rule be
construed as authorizing counsel to coach the witness or
answer for the witness. The failure of any witness to secure
counsel shall not excuse such witness from complying with a
subpoena or deposition notice.
9. Depositions
9.1 Notice. Notices for the taking of depositions in an
investigation authorized by the Subcommittee shall be
authorized and issued by the Chair. The Chair of the
Committee and the Ranking Minority Member of the Subcommittee
shall be kept fully apprised of the authorization for the
taking of depositions. Such notices shall specify a time and
place of examination, and the name of the Subcommittee Member
or Members or staff officer or officers who will take the
deposition. The deposition shall be in private. The
Subcommittee shall not initiate procedures leading to
criminal or civil enforcement proceedings for a witness's
failure to appear unless the deposition notice was
accompanied by a Subcommittee subpoena.
9.2 Counsel. Witnesses may be accompanied at a deposition
by counsel to advise them of their legal rights, subject to
the provisions of Rule 8.
9.3 Procedure. Witnesses shall be examined upon oath
administered by an individual authorized by local law to
administer oaths. Questions shall be propounded orally by
Subcommittee Members or staff. Objections by the witness as
to the form of questions shall be noted for the record. If a
witness objects to a question and refuses to testify on the
basis of relevance or privilege, the Subcommittee Members or
staff may proceed with the deposition, or may, at that time
or at a subsequent time, seek a ruling by telephone or
otherwise on the objection from the Chair or such
Subcommittee Member as designated by the Chair. If the Chair
or designated Member overrules the objection, these Members
may refer the matter to the Subcommittee or may order and
direct the witness to answer the question, but the
Subcommittee shall not initiate procedures leading to civil
or criminal enforcement unless the witness refuses to testify
after being ordered and directed to answer by the Chair or
designated Member.
9.4 Filing. The Subcommittee staff shall see that the
testimony is transcribed or electronically recorded. If it is
transcribed, the witness shall be furnished with a copy for
review pursuant to the provisions of Rule 12. The individual
administering the oath shall certify on the transcript that
the witness was duly sworn in the individual's presence, the
transcriber shall certify that the transcript is a true
record of the testimony, and the transcript shall then be
filed with the Subcommittee clerk. Subcommittee staff may
stipulate with the witness to changes in this procedure;
deviations from this procedure which do not substantially
impair the reliability of the record shall not relieve the
witness from the obligation to testify truthfully.
10. Any witness desiring to read a prepared or written
statement in executive or public hearings shall file a copy
of such statement with the Chair, Staff Director, or Chief
Counsel 48 hours in advance of the hearings at which the
statement is to be presented unless the Chair and the Ranking
Minority Member waive this requirement. The Subcommittee
shall determine whether such statement may be read or placed
in the record of the hearing.
11. A witness may request, on grounds of distraction,
harassment, personal safety, or physical discomfort, that
during testimony, television, motion picture, and other
cameras and lights, shall not be directed at the witness.
Such requests shall be ruled on by the Subcommittee Members
present at the hearing.
12. An accurate stenographic record shall be kept of the
testimony of all witnesses in executive and public hearings.
The record of a witness's own testimony, whether in public or
executive session, shall be made available for inspection by
the witness or witness counsel under Subcommittee
supervision; a copy of any testimony given in public session
or that part of the testimony given by the witness in
executive session and subsequently quoted or made part of the
record in a public session shall be made available to any
witness at the witness's expense if requested.
13. Interrogation of witnesses at Subcommittee hearings
shall be conducted on behalf of the Subcommittee by
Subcommittee Members and authorized Subcommittee staff
personnel only.
14. Any person who is the subject of an investigation in
public hearings may submit to the Chair questions in writing
for the cross-examination of other witnesses called by the
Subcommittee. With the consent of a majority of the Members
of the Subcommittee present and voting, these questions, or
paraphrased versions of them, shall be put to the witness by
the Chair, by a Member of the Subcommittee, or by counsel of
the Subcommittee.
15. Any person whose name is mentioned or who is
specifically identified, and who believes that testimony or
other evidence presented at a public hearing, or comment made
by a Subcommittee Member or counsel, tends to defame the
person or otherwise adversely affect the person's reputation,
may (a) request to appear personally before the Subcommittee
to testify, or, in the alternative, (b) file a sworn
statement of facts relevant to the testimony or other
evidence or comment complained of. Such request and such
statement shall be submitted to the Subcommittee for its
consideration and action.
If a person requests to appear personally before the
Subcommittee pursuant to alternative (a) referred to herein,
said request shall be considered untimely if it is not
received by the Chair, Staff Director, or Chief Counsel in
writing on or before thirty (30) days subsequent to the day
on which said person's name was mentioned or otherwise
specifically identified during a public hearing held before
the Subcommittee, unless the Chair and the Ranking Minority
Member waive this requirement.
If a person requests to file a sworn statement pursuant to
alternative (b) referred to herein, the Subcommittee may
condition the filing of said sworn statement upon said person
agreeing to appear personally before the
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Subcommittee and to testify concerning the matters contained
in the person's sworn statement, as well as any other matters
related to the subject of the investigation before the
Subcommittee.
16. All testimony taken in executive session shall be kept
secret and will not be released for public information
without the approval of a majority of the Members of the
Subcommittee.
17. No Subcommittee report shall be released to the public
unless approved by a majority of the Subcommittee and after
no less than 10 days' notice and opportunity for comment by
the Members of the Subcommittee unless the need for such
notice and opportunity to comment has been waived in writing
by a majority of the Minority Members of the Subcommittee.
18. The Ranking Minority Member may select for appointment
to the Subcommittee staff a Chief Counsel for the Minority
and such other professional staff and clerical assistants as
the Ranking Minority Member deems advisable. The total
compensation allocated to such Minority staff shall be not
less than one-third the total amount allocated for all
Subcommittee staff salaries during any given year. The
Minority staff shall work under the direction and supervision
of the Ranking Minority Member. The Minority Staff Director
and the Minority Chief Counsel shall be kept fully informed
as to preliminary inquiries, investigations, and hearings,
and shall have access to all material in the files of the
Subcommittee.
19. When it is determined by the Chair and Ranking Minority
Member, or by a majority of the Subcommittee, that there is
reasonable cause to believe that a violation of law may have
occurred, the Chair and Ranking Minority Member by letter, or
the Subcommittee by resolution, are authorized to report such
violation to the proper State, local and/or Federal
authorities. Such letter or report may recite the basis for
the determination of reasonable cause. This rule is not
authority for release of documents or testimony.
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