[Pages S1054-S1055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COMMITTEE ON ARMED SERVICES RULES OF PROCEDURE

Mr. LEVIN. Mr. President, I ask unanimous consent that the rules of
procedure of the Committee on Armed Services be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

RULES OF PROCEDURE OF THE COMMITTEE ON ARMED SERVICES

1. Regular Meeting Day.--The Committee shall meet at least
once a month when Congress is in session. The regular meeting
days of the Committee shall be Tuesday and Thursday, unless
the Chairman, after consultation with the Ranking Minority
Member, directs otherwise.
2. Additional Meetings.--The Chairman, after consultation
with the Ranking Minority Member, may call such additional
meetings as he deems necessary.
3. Special Meetings.--Special meetings of the Committee may
be called by a majority of the members of the Committee in
accordance with paragraph 3 of Rule XXVI of the Standing
Rules of the Senate.
4. Open Meetings.--Each meeting of the Committee, or any
subcommittee thereof, including meetings to conduct hearings,
shall be open to the public, except that a meeting or series
of meetings by the Committee or a subcommittee thereof on the
same subject for a period of no more than fourteen (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 below in clauses (a) through
(f) would require the meeting to be closed, followed
immediately by a record vote in open session by a majority of
the members of the Committee or subcommittee when it is
determined that the matters to be discussed or the testimony
to be taken at such meeting or meetings--
(a) will disclose matters necessary to be kept secret in
the interests of national defense or the confidential conduct
of the foreign relations of the United States;
(b) will relate solely to matters of Committee staff
personnel or internal staff management or procedure;
(c) will tend to charge an individual with a crime or
misconduct, to disgrace or injure the professional standing
of an individual, or otherwise to expose an individual to
public contempt or obloquy or will represent a clearly
unwarranted invasion of the privacy of an individual;
(d) will disclose the identity of any 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;
(e) will disclose information relating to the trade secrets
or financial or commercial information pertaining
specifically to a given person if--
(1) an Act of Congress requires the information to be kept
confidential by Government officers and employees; or
(2) 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
(f) may divulge matters required to be kept confidential
under other provisions of law or Government regulations.
5. Presiding Officer.--The Chairman shall preside at all
meetings and hearings of the Committee except that in his
absence the Ranking Majority Member present at the meeting or
hearing shall preside unless by majority vote the Committee
provides otherwise.
6. Quorum.--(a) A majority of the members of the Committee
are required to be actually present to report a matter or
measure from the Committee. (See Standing Rules of the Senate
26.7(a)(1)).
(b) Except as provided in subsections (a) and (c), and
other than for the conduct of hearings, nine members of the
Committee, including one member of the minority party; or a
majority of the members of the Committee, shall constitute a
quorum for the transaction of such business as may be
considered by the Committee.
(c) Three members of the Committee, one of whom shall be a
member of the minority party, shall constitute a quorum for
the purpose of taking sworn testimony, unless otherwise
ordered by a majority of the full Committee.

[[Page S1055]]

(d) Proxy votes may not be considered for the purpose of
establishing a quorum.
7. Proxy Voting.--Proxy voting shall be allowed on all
measures and matters before the Committee. The vote by proxy
of any member of the Committee may be counted for the purpose
of reporting any measure or matter to the Senate if the
absent member casting such vote has been informed of the
matter on which the member is being recorded and has
affirmatively requested that he or she be so recorded. Proxy
must be given in writing.
8. Announcement of Votes.--The results of all roll call
votes taken in any meeting of the Committee on any measure,
or amendment thereto, shall be announced in the Committee
report, unless previously announced by the Committee. The
announcement shall include a tabulation of the votes cast in
favor and votes cast in opposition to each such measure and
amendment by each member of the Committee who was present at
such meeting. The Chairman, after consultation with the
Ranking Minority Member, may hold open a roll call vote on
any measure or matter which is before the Committee until no
later than midnight of the day on which the Committee votes
on such measure or matter.
9. Subpoenas.--Subpoenas for attendance of witnesses and
for the production of memoranda, documents, records, and the
like may be issued, after consultation with the Ranking
Minority Member, by the Chairman or any other member
designated by the Chairman, but only when authorized by a
majority of the members of the Committee. The subpoena shall
briefly state the matter to which the witness is expected to
testify or the documents to be produced.
10. Hearings.--(a) Public notice shall be given of the
date, place and subject matter of any hearing to be held by
the Committee, or any subcommittee thereof, at least 1 week
in advance of such hearing, unless the Committee or
subcommittee determines that good cause exists for beginning
such hearings at an earlier time.
(b) Hearings may be initiated only by the specified
authorization of the Committee or subcommittee.
(c) Hearings shall be held only in the District of Columbia
unless specifically authorized to be held elsewhere by a
majority vote of the Committee or subcommittee conducting
such hearings.
(d) The Chairman of the Committee or subcommittee shall
consult with the Ranking Minority Member thereof before
naming witnesses for a hearing.
(e) Witnesses appearing before the Committee shall file
with the clerk of the Committee a written statement of their
proposed testimony prior to the hearing at which they are to
appear unless the Chairman and the Ranking Minority Member
determine that there is good cause not to file such a
statement. Witnesses testifying on behalf of the
Administration shall furnish an additional 50 copies of their
statement to the Committee. All statements must be received
by the Committee at least 48 hours (not including weekends or
holidays) before the hearing.
(f) Confidential testimony taken or confidential material
presented in a closed hearing of the Committee or
subcommittee or any report of the proceedings of such hearing
shall not be made public in whole or in part or by way of
summary unless authorized by a majority vote of the Committee
or subcommittee.
(g) Any witness summoned to give testimony or evidence at a
public or closed hearing of the Committee or subcommittee may
be accompanied by counsel of his own choosing who shall be
permitted at all times during such hearing to advise such
witness of his legal rights.
(h) Witnesses providing unsworn testimony to the Committee
may be given a transcript of such testimony for the purpose
of making minor grammatical corrections. Such witnesses will
not, however, be permitted to alter the substance of their
testimony. Any question involving such corrections shall be
decided by the Chairman.
11. Nominations.--Unless otherwise ordered by the
Committee, nominations referred to the Committee shall be
held for at least seven (7) days before being voted on by the
Committee. Each member of the Committee shall be furnished a
copy of all nominations referred to the Committee.
12. Real Property Transactions.--Each member of the
Committee shall be furnished with a copy of the proposals of
the Secretaries of the Army, Navy, and Air Force, submitted
pursuant to 10 U.S.C. 2662 and with a copy of the proposals
of the Director of the Federal Emergency Management Agency,
submitted pursuant to 50 U.S.C. App. 2285, regarding the
proposed acquisition or disposition of property of an
estimated price or rental of more than $50,000. Any member of
the Committee objecting to or requesting information on a
proposed acquisition or disposal shall communicate his
objection or request to the Chairman of the Committee within
thirty (30) days from the date of submission.
13. Legislative Calendar.--(a) The clerk of the Committee
shall keep a printed calendar for the information of each
Committee member showing the bills introduced and referred to
the Committee and the status of such bills. Such calendar
shall be revised from time to time to show pertinent changes
in such bills, the current status thereof, and new bills
introduced and referred to the Committee. A copy of each new
revision shall be furnished to each member of the Committee.
(b) Unless otherwise ordered, measures referred to the
Committee shall be referred by the clerk of the Committee to
the appropriate department or agency of the Government for
reports thereon.
14. Except as otherwise specified herein, the Standing
Rules of the Senate shall govern the actions of the
Committee. Each subcommittee of the Committee is part of the
Committee, and is therefore subject to the Committee's rules
so far as applicable.
15. Powers and Duties of Subcommittees.--Each subcommittee
is authorized to meet, hold hearings, receive evidence, and
report to the full Committee on all matters referred to it.
Subcommittee chairmen, after consultation with Ranking
Minority Members of the subcommittees, shall set dates for
hearings and meetings of their respective subcommittees after
consultation with the Chairman and other subcommittee
chairmen with a view toward avoiding simultaneous scheduling
of full Committee and subcommittee meetings or hearings
whenever possible.

____________________