[Senate Document 105-16]
[From the U.S. Government Publishing Office]



105th Congress                                                 S. Doc.
                                SENATE

 1st Session                                                     105-16
_______________________________________________________________________


 
  AUTHORITY AND RULES OF SENATE SPECIAL INVESTIGATORY COMMITTEES AND 
                    OTHER SENATE ENTITIES, 1973-97

                               __________

      A COMPILATION OF THE AUTHORITY AND RULES OF SENATE SPECIAL 
           INVESTIGATORY COMMITTEES AND OTHER SENATE ENTITIES

                               __________

                        JOHN W. WARNER, CHAIRMAN

                 COMMITTEE ON RULES AND ADMINISTRATION

                          UNITED STATES SENATE





       Printed under the authority of S. Res. 132, 105th Congress


AUTHORITY AND RULES OF SENATE SPECIAL INVESTIGATORY COMMITTEES AND OTHER 
                        SENATE ENTITIES, 1973-97



105th Congress                                                  S. Doc.
                               SENATE

 1st Session                                                     105-16
_______________________________________________________________________


  AUTHORITY AND RULES OF SENATE SPECIAL INVESTIGATORY COMMITTEES AND 
                    OTHER SENATE ENTITIES, 1973-97

                               __________

      A COMPILATION OF THE AUTHORITY AND RULES OF SENATE SPECIAL 
           INVESTIGATORY COMMITTEES AND OTHER SENATE ENTITIES

                               __________

                        JOHN W. WARNER, CHAIRMAN

                 COMMITTEE ON RULES AND ADMINISTRATION

                          UNITED STATES SENATE





       Printed under the authority of S. Res. 132, 105th Congress


                 COMMITTEE ON RULES AND ADMINISTRATION

                   JOHN W. WARNER, Virginia, Chairman
JESSE HELMS, North Carolina          WENDELL H. FORD, Kentucky
TED STEVENS, Alaska                  ROBERT C. BYRD, West Virginia
MITCH McCONNELL, Kentucky            DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi            DANIEL PATRICK MOYNIHAN, New York
RICK SANTORUM, Pennsylvania          CHRISTOPHER J. DODD, Connecticut
DON NICKLES, Oklahoma                DIANNE FEINSTEIN, California
TRENT LOTT, Mississippi              ROBERT G. TORRICELLI, New Jersey
KAY BAILEY HUTCHISON, Texas
                                ------                                


                              S. Res. 132

                        In the Senate of the United States,
                                                   October 6, 1997.
    Resolved, That a collection of rules and authorities of 
special investigatory committees of the Senate, be printed as a 
Senate document, and there be printed additional copies of such 
document up to, but not exceeding, $1,200 for use of the 
Committee on Rules and Administration.
    Attest:
                                                Gary Sisco,
                                                         Secretary.


                                PREFACE

                              ----------                              

    The authority and rules of the standing committees of the 
Senate, as well as of its permanent select and special 
committees, are collected and published each Congress by the 
Committee on Rules and Administration in a publication titled 
Authority and Rules of Senate Committees. The Rules Committee 
has published such a volume for the 105th Congress. Taken 
together, these volumes provide a convenient historical record 
of the evolution of rules of the Senate's permanent committees.
    From time to time, the Senate establishes a temporary 
committee, often denominated a select or special committee, to 
carry out a particular investigatory task or study function, or 
assigns a standing committee the responsibility to perform such 
a task. A number of these inquiries have been of great 
contemporary and historical significance, such as the Committee 
on Presidential Campaign Activities chaired by Senator Sam 
Ervin of North Carolina that the Senate established in 1973 to 
investigate the Watergate affair.
    The authority and rules of the Senate's special 
investigatory committees have never been collected and 
published together so that they may be readily examined in 
relation to each other. It is the purpose of this volume to 
bring together in convenient form all of the authorities and 
rules governing the Senate's special investigatory committees 
since the creation of the Watergate committee twenty-five years 
ago.
    In addition to the Watergate Committee, this volume 
compiles the authorities and rules of the committee chaired by 
Senator Frank Church of Idaho that examined the United States 
government's intelligence activities and agencies in 1975, the 
committee that investigated the Iran/Contra affair jointly with 
a select House committee in 1987, and the committee that 
investigated POW/MIA issues in 1991-92, as well as those of 
other investigatory committees since 1970. This volume also 
includes a resolution of authority and rules for an 
investigatory matter handled not by a committee, but by a 
temporary counsel.
    Review of the authority and rules of the Senate's special 
investigatory committees over the past two decades illuminates 
the Senate's handling of a number of issues relating to special 
investigatory assignments. First, the Senate has faced the 
question whether to create a new ad hoc committee to conduct an 
investigation or to assign the additional task to an existing 
committee. Often, as in the Watergate, Iran/Contra, and POW/MIA 
matters, the Senate has determined to create a free-standing 
select committee.
    On other occasions, the Senate has created a special 
subcommittee of an existing permanent Senate committee to 
conduct a specific investigation. For example, a special 
subcommittee of the Committee on the Judiciary was established 
to investigate the relationship between President Jimmy 
Carter's brother, Billy, and the Libyan government, an 
investigation into conditions and programs affecting American 
Indians was assigned to a special investigatory subcommittee of 
the Select Committee on Indian Affairs, and a subcommittee of 
the Committee on Banking, Housing, and Urban Affairs was 
created to look into the Department of Housing and Urban 
Development's administration of a housing program. On still 
other occasions, such as for initial hearings into aspects of 
the Whitewater matter, the Senate has specially constituted an 
existing standing committee, in that case the Banking 
Committee, for purposes of a particular investigatory mandate. 
In 1997, the regularly constituted Committee on Governmental 
Affairs was assigned to conduct a special investigation of 
illegal or improper activities in the 1996 election campaigns. 
Finally, the Senate has delegated the task of investigating the 
source of the leaks to a specially appointed counsel, not to a 
committee, as in the case of leaks during Justice Clarence 
Thomas' confirmation proceedings.
    In the case of both the Billy Carter and the Whitewater 
investigations, the special constitution of a subcommittee of 
the Judiciary Committee and the Banking Committee, 
respectively, enabled the Senate to supplement the committees' 
regular membership with representation from other committees 
that shared jurisdictional interest with the primary 
committees. Thus, for the Billy Carter matter, representatives 
of the Foreign Relations Committee were appointed to the 
special Judiciary subcommittee, and, for the Whitewater 
investigation, a representative of the Judiciary Committee was 
designated to serve on the Banking Committee.
    Most commonly, each of these committees or subcommittees 
was created through an independent resolution of the Senate to 
perform a particular responsibility over a limited period of 
time. On one occasion, however, to conduct the Billy Carter 
inquiry, the Senate established a special subcommittee of the 
Judiciary Committee through a unanimous consent agreement of 
the Senate, rather than by formal resolution. In another case, 
in place of any special authorization from the Senate, a 
subcommittee of a standing committee, the Foreign Relations 
Committee, promulgated special guidelines for its conduct, 
utilizing its permanent authorities, of a special inquiry into 
allegations of an ``October Surprise'' in relations with the 
Iranian government in 1980.
    One question presented by the creation of a special 
investigatory committee or subcommittee is the size of the 
committee. Special investigatory committees are usually kept 
fairly small to facilitate a concentrated, sustained focus. 
Sometimes, however, the importance of a matter or the existence 
of a number of standing committees with overlapping 
jurisdictional claims militates for a larger committee. 
Membership on the committees included in this volume have 
ranged from three members for the Special Investigations 
Committee into Indian matters to twenty members for the 
Whitewater investigation. Most committees, though, have been 
constituted with between seven and twelve members. Membership 
on select committees is usually divided to reflect the party 
split within the Senate, although, for particular committees, 
such as the Abscam and POW committees, membership was evenly 
divided between the parties.
    Finally, when the Senate has created special investigatory 
committees, it has determined whether to delegate special 
investigatory tools. Among the most important investigatory 
techniques that may be delegated is the authority to conduct 
staff depositions, that is, to compel sworn testimony from 
witnesses under examination by staff, without any Senators 
being present. Most of the select committees included in this 
volume were given deposition authority, although the Foreign 
Relations Committee (which, as a standing committee, does not 
have specific authority to compel attendance at depositions) 
did not obtain from the Senate special deposition authority for 
use during its October Surprise inquiry.
    Another investigative tool given to some select 
investigative committees is the power, available to all 
committees under federal law, to confer use immunity on 
witnesses and thereby to compel testimony over an invocation of 
the constitutional privilege against self-incrimination. The 
Senate has typically supplemented the immunity authority 
available to all committees with specific authority for 
investigative committees to immunize witnesses, although in the 
Whitewater investigation the Senate acted to withhold 
immunization authority from the Banking Committee.
    This volume collects the resolutions and other orders that 
have created the Senate's special investigative entities over 
the past twenty-five years, marked their jurisdictional 
mandates, and delineated their investigative tools. Like 
standing committees, each specially created select 
investigatory committee has then adopted rules of procedure to 
carry out its responsibilities and govern its proceedings. 
Subcommittees of existing standing committees adopted special 
rules to govern special investigatory proceedings in the cases 
of the Billy Carter and Indian investigations. However, the 
Banking Committee, the Foreign Relations Committee, and the 
Governmental Affairs Committee did not adopt special rules for 
the Whitewater, HUD, October Surprise, and campaign finance 
investigations. Instead, the regular rules of the standing 
committees were applied in those investigations. Where special 
rules of procedure were promulgated, the rules are collected 
and reprinted here.
    In addition to the authority and rules of investigative 
committees, this volume contains the authority and rules for a 
commission created to study the procedures that the Senate uses 
to investigate complaints of ethical misconduct within the 
Senate.
    It is our hope that this compilation will prove helpful 
both to individuals researching the history of Senate committee 
investigations and to those involved in working with future 
investigations by congressional committees. Readers should be 
aware that many of the investigatory committees covered in this 
document included in their final reports, or in appendices to 
their reports or hearings, further information about the 
processes and tools they utilized in conducting their 
inquiries. The committees' reports and hearings were published 
as Senate documents and are, accordingly, a useful further 
source of information about the operation of the Senate's 
investigatory committees. It should be noted that this volume 
does not endeavor to reprint the committees' final reports, 
many of which are voluminous. However, to facilitate further 
research, citations for the hearings and reports of each of the 
investigative committees are set forth in a bibliographic 
appendix at the end of this volume.



                            C O N T E N T S

                              ----------                              

   A. Authority and Rules of Senate Special Investigatory Committees

1. Select Committee on Presidential Campaign Activities 
  [Watergate]:
                                                                   Page
    Jurisdiction and Authority, S. Res. 60, 93d Cong., 1st Sess., 
      119 Cong. Rec. 3849 (1973); S. Res. 132, 93d Cong., 1st 
      Sess., 119 Cong. Rec. 21122 (1973); S. Res. 194, 93d Cong., 
      1st Sess., 119 Cong. Rec. 36095 (1973); S. Res. 327, 93d 
      Cong., 2d Sess., 120 Cong. Rec. 15917 (1974)...............     1
    Rules of Procedure for the Select Committee on Presidential 
      Campaign Activities, 119 Cong. Rec. 5783 (1973)............    12
    Guidelines of the Select Committee on Presidential Campaign 
      Activities.................................................    19
2. Select Committee to Study Governmental Operations With Respect 
  to Intelligence Activities [Church Committee]:
    Jurisdiction and Authority, S. Res. 21, S. Jour., 94th Cong., 
      1st Sess. 51 (1975)........................................    23
    Rules of Procedure for the Select Committee to Study 
      Governmental Operations With Respect to Intelligence 
      Activities, 121 Cong. Rec. 12306 (1975)....................    29
3. Judiciary Subcommittee Investigating Activities Relating to 
  Individuals Representing Interests of Foreign Governments 
  [Billy Carter Investigation]:
    Jurisdiction and Authority, Unanimous-Consent Agreement--
      Investigation of Activities Relating to Individuals 
      Representing Interests of Foreign Governments, 126 Cong. 
      Rec. 19544 (1980)..........................................    37
    Rules of Procedure of the Judiciary Subcommittee 
      Investigating Activities Relating to Individuals 
      Representing Interests of Foreign Governments, 126 Cong. 
      Rec. 21931 (1980)..........................................    44
    S. Res. 495, 96th Cong., 2d Sess., 126 Cong. Rec. 21002 
      (1980).....................................................    51
4. Select Committee to Study Law Enforcement Undercover 
  Activities of Components of the Department of Justice [Abscam 
  Investigation]:
    Jurisdiction and Authority, S. Res. 350, 97th Cong., 2d 
      Sess., 128 Cong. Rec. 5518 (1982)..........................    53
    Rules of the Select Committee to Study Law Enforcement 
      Undercover Activities of Components of the Department of 
      Justice, 128 Cong. Rec. 6992 (1982)........................    59
5. Select Committee on Secret Military Assistance to Iran and the 
  Nicaraguan Opposition [Iran/Contra Investigation]:
    Jurisdiction and Authority, S. Res. 23, 100th Cong., 1st 
      Sess., 133 Cong. Rec. 782 (1987)...........................    67
    Rules of Procedure of the Select Committee on Secret Military 
      Assistance to Iran and the Nicaraguan Opposition, as 
      amended, 133 Cong. Rec. 1888, 6412, 10935 (1987)...........    77
6. Special Committee on Investigations of the Select Committee on 
  Indian Affairs:
    Jurisdiction and Authority, Omnibus Committee Funding 
      Resolution, S. Res. 66, 101st Cong., 1st Sess. Sec. 21(d) 
      (1989); S. Res. 103, 101st Cong., 1st Sess., 135 Cong. Rec. 
      6226 (1989)................................................    85
    Rules of Procedure of the Special Committee on Investigations 
      of the Select Committee on Indian Affairs, 135 Cong. Rec. 
      6738 (1989), amended 135 Cong. Rec. 7343, 7700 (1989)......    87
7. HUD/MOD Rehab Investigation Subcommittee of the Committee on 
  Banking, Housing, and Urban Affairs [HUD/MOD Rehab 
  Investigation]:
    Jurisdiction and Authority, Omnibus Committee Funding 
      Resolution, S. Res. 66, 101st Cong., 1st Sess. Sec. 6(d)(1) 
      (1989); S. Res. 219, 101st Cong., 1st Sess., 135 Cong. Rec. 
      31379 (1989)...............................................    95
  8. Select Committee on POW/MIA Affairs:
    Jurisdiction and Authority, S. Res. 82, 102d Cong., 1st 
      Sess., 137 Cong. Rec. 6363 (1991); S. Res. 185, 102d Cong., 
      1st Sess., 137 Cong. Rec. 26504 (1991), all reprinted in S. 
      Prt. No. 53, 102d Cong., 1st Sess. (1991); S. Res. 10, 103d 
      Cong., 1st Sess., 139 Cong. Rec. S48 (daily ed. Jan. 7, 
      1993)......................................................    97
    Rules of Procedure of the Select Committee on POW/MIA 
      Affairs, 137 Cong. Rec. 27022 (1991), reprinted in S. Prt. 
      No. 53, 102d Cong., 1st Sess. (1991).......................   104
  9. Committee on Foreign Relations [October Surprise 
  Investigation]:
    Funding, S. Res. 62, 102d Cong., 1st Sess. Sec. 12, 137 Cong. 
      Rec. 4708 (1991)...........................................   113
    Investigation Guidelines, S. Prt. No. 125, 102d Cong., 2d 
      Sess. 7-8 (1992)...........................................   114
10. Committee on Banking, Housing, and Urban Affairs [Whitewater 
  I Investigation]:
    Jurisdiction and Authority, S. Res. 229, 103d Cong., 2d 
      Sess., 140 Cong. Rec. S7196 (daily ed. June 21, 1994)......   117
11. Committee on Banking, Housing, and Urban Affairs [Whitewater 
  II Investigation]:
    Jurisdiction and Authority, S. Res. 120, 104th Cong., 1st 
      Sess., 141 Cong. Rec. S6784 (daily ed. May 17, 1995), as 
      amended by S. Res. 153, 104th Cong., 1st Sess., 141 Cong. 
      Rec. S10175 (daily ed. July 17, 1995); S. Res. 246, 104th 
      Cong., 2d Sess., 142 Cong. Rec. S3450 (daily ed. Apr. 17, 
      1996)......................................................   123
12. Committee on Governmental Affairs [Campaign Finance 
  Investigation]:
    Funding, S. Res. 54, 105th Cong., 1st Sess. Sec. Sec. 13, 24, 
      143 Cong. Rec. S1419, 1421-22 (daily ed. Feb. 13, 1997), as 
      amended by S. Res. 39, 105th Cong., 1st Sess., 143 Cong. 
      Rec. S2125 (daily ed. Mar. 11, 1997).......................   137

            B. Authority and Rules of Other Senate Entities

  1. Temporary Special Independent Counsel to Investigate 
  Unauthorized Disclosures of Nonpublic Confidential Information 
  [Hill/Thomas Leak Investigation]:
    Jurisdiction and Authority, S. Res. 202, 102d Cong., 1st 
      Sess., 137 Cong. Rec. 28494 (1991).........................   143
    Rules of Procedure of the Office of Temporary Special 
      Independent Counsel, 137 Cong. Rec. 36334 (1991)...........   147
  2. Ethics Study Commission:
    Jurisdiction and Authority, S. Res. 111, 103d Cong., 1st 
      Sess., 139 Cong. Rec. S6329 (daily ed. May 21, 1993); S. 
      Res. 173, 103d Cong., 1st Sess., 139 Cong. Rec. S16897 
      (daily ed. Nov. 20, 1993)..................................   151

Bibliography.....................................................   155
watergate (1973-74)

special investigatory committees

   A. AUTHORITY AND RULES OF SENATE SPECIAL INVESTIGATORY COMMITTEES

        1. SELECT COMMITTEE ON PRESIDENTIAL CAMPAIGN ACTIVITIES

                              [WATERGATE]

                      S. Res. 60, 93d Cong. (1973)
                    [119 Cong. Rec. 3849-51 (1973)]
    Resolved,
    Section 1. (a) That there is hereby established a select 
committee of the Senate, which may be called, for convenience 
of expression, the Select Committee on Presidential Campaign 
Activities, to conduct an investigation and study of the 
extent, if any, to which illegal, improper, or unethical 
activities were engaged in by any persons, acting either 
individually or in combination with others, in the presidential 
election of 1972, or in any related campaign or canvass 
conducted by or in behalf of any person seeking nomination or 
election as the candidate of any political party for the office 
of President of the United States in such election, and to 
determine whether in its judgment any occurrences which may be 
revealed by the investigation and study indicate the necessity 
or desirability of the enactment of new congressional 
legislation to safeguard the electoral process by which the 
President of the United States is chosen.
    (b) The select committee created by this resolution shall 
consist of seven Members of the Senate, four of whom shall be 
appointed by the President of the Senate from the majority 
Members of the Senate upon the recommendation of the majority 
leader of the Senate, and three of whom shall be appointed by 
the President of the Senate from the minority Members of the 
Senate upon the recommendation of the minority leader of the 
Senate. For the purposes of paragraph 6 of rule XXV of the 
Standing Rules of the Senate, service of a Senator as a member, 
chairman, or vice chairman of the select committee shall not be 
taken into account.
    (c) The select committee shall select a chairman and vice 
chairman from among its members, and adopt rules of procedure 
to govern its proceedings. The vice chairman shall preside over 
meetings of the select committee during the absence of the 
chairman, and discharge such other responsibilities as may be 
assigned to him by the select committee or the chairman. 
Vacancies in the membership of the select committee shall not 
affect the authority of the remaining members to execute the 
functions of the select committee and shall be filled in the 
same manner as original appointments to it are made.
    (d) A majority of the members of the select committee shall 
constitute a quorum for the transaction of business, but the 
select committee may fix a lesser number as a quorum for the 
purpose of taking testimony or depositions.
    Sec. 2. That the select committee is authorized and 
directed to do everything necessary or appropriate to make the 
investigation and study specified in section 1 (a). Without 
abridging or limiting in any way the authority conferred upon 
the select committee by the preceding sentence, the Senate 
further expressly authorizes and directs the select committee 
to make a complete investigation and study of the activities of 
any and all persons or groups of persons or organizations of 
any kind which have any tendency to reveal the full facts in 
respect to the following matters or questions:
          (1) The breaking, entering, and bugging of the 
        headquarters or offices of the Democratic National 
        Committee in the Watergate Building in Washington, 
        District of Columbia;
          (2) The monitoring by bugging, eavesdropping, 
        wiretapping, or other surreptitious means of 
        conversations or communications occurring in whole or 
        in part in the headquarters or offices of the 
        Democratic National Committee in the Watergate Building 
        in Washington, District of Columbia;
          (3) Whether or not any printed or typed or written 
        document or paper or other material was surreptitiously 
        removed from the headquarters or offices of the 
        Democratic National Committee in the Watergate Building 
        in Washington, District of Columbia, and thereafter 
        copied or reproduced by photography or any other means 
        for the information of any person or political 
        committee or organization;
          (4) The preparing, transmitting, or receiving by any 
        person for himself or any political committee or any 
        organization of any report or information concerning 
        the activities mentioned in subdivision (1), (2), or 
        (3) of this section, and the information contained in 
        any such report;
          (5) Whether any persons, acting individually or in 
        combination with others, planned the activities 
        mentioned in subdivision (1), (2), (3), or (4) of this 
        section, or employed any of the participants in such 
        activities to participate in them, or made any payments 
        or promises of payments of money or other things of 
        value to the participants in such activities or their 
        families for their activities, or for concealing the 
        truth in respect to them or any of the persons having 
        any connection with them or their activities, and, if 
        so, the source of the moneys used in such payments, and 
        the identities and motives of the persons planning such 
        activities or employing the participants in them;
          (6) Whether any persons participating in any of the 
        activities mentioned in subdivision (1), (2), (3), (4), 
        or (5) of this section have been induced by bribery, 
        coercion, threats, or any other means whatsoever to 
        plead guilty to the charges preferred against them in 
        the District Court of the District of Columbia or to 
        conceal or fail to reveal any knowledge of any of the 
        activities mentioned in subdivision (1), (2), (3), (4), 
        or (5) of this section, and, if so, the identities of 
        the persons inducing them to do such things, and the 
        identities of any other persons or any committees or 
        organizations for whom they acted;
          (7) Any efforts to disrupt, hinder, impede, or 
        sabotage in any way any campaign, canvass, or activity 
        conducted by or in behalf of any person seeking 
        nomination or election as the candidate of any 
        political party for the office of President of the 
        United States in 1972 by infiltrating any political 
        committee or organization or headquarters or offices or 
        home or whereabouts of the person seeking such 
        nomination or election or of any person aiding him in 
        so doing, or by bugging or eavesdropping or wiretapping 
        the conversations, communications, plans, headquarters, 
        offices, home, or whereabouts of the person seeking 
        such nomination or election or of any other person 
        assisting him in so doing, or by exercising 
        surveillance over the person seeking such nomination or 
        election or of any person assisting him in so doing, or 
        by reporting to any other person or to any political 
        committee or organization any information obtained by 
        such infiltration, eavesdropping, bugging, wiretapping, 
        or surveillance;
          (8) Whether any person, acting individually or in 
        combination with others, or political committee or 
        organization induced any of the activities mentioned in 
        subdivision (7) of this section or paid any of the 
        participants in any such activities for their services, 
        and, if so, the identities of such persons, or 
        committee, or organization, and the source of the funds 
        used by them to procure or finance such activities;
          (9) Any fabrication, dissemination, or publication of 
        any false charges or other false information having the 
        purpose of discrediting any person seeking nomination 
        or election as the candidate of any political party to 
        the office of President of the United States in 1972;
          (10) The planning of any of the activities mentioned 
        in subdivision (7), (8), or (9) of this section, the 
        employing of the participants in such activities, and 
        the source of any moneys or things of value which may 
        have been given or promised to the participants in such 
        activities for their services, and the identities of 
        any persons or committees or organizations which may 
        have been involved in any way in the planning, 
        procuring, and financing of such activities.
          (11) Any transactions or circumstances relating to 
        the source, the control, the transmission, the 
        transfer, the deposit, the storage, the concealment, 
        the expenditure, or use in the United States or in any 
        other country, of any moneys or other things of value 
        collected or received for actual or pretended use in 
        the presidential election of 1972 or in any related 
        campaign or canvass or activities preceding or 
        accompanying such election by any person, group of 
        persons, committee, or organization of any kind acting 
        or professing to act in behalf of any national 
        political party or in support of or in opposition to 
        any person seeking nomination or election to the office 
        of President of the United States in 1972;
          (12) Compliance or noncompliance with any act of 
        Congress requiring the reporting of the receipt or 
        disbursement or use of any moneys or other things of 
        value mentioned in subdivision (11) of this section;
          (13) Whether any of the moneys or things of value 
        mentioned in subdivision (11) of this section were 
        placed in any secret fund or place of storage for use 
        in financing any activity which was sought to be 
        concealed from the public, and, if so, what 
        disbursement or expenditure was made of such secret 
        fund, and the identities of any person or group of 
        persons or committee or organization having any control 
        over such secret fund or the disbursement or 
        expenditure of the same;
          (14) Whether any books, checks, canceled checks, 
        communications, correspondence, documents, papers, 
        physical evidence, records, recordings, tapes, or 
        materials relating to any of the matters or questions 
        the select committee is authorized and directed to 
        investigate and study have been concealed, suppressed, 
        or destroyed by any persons acting individually or in 
        combination with others, and, if so, the identities and 
        motives of any such persons or groups of persons;
          (15) Any other activities, circumstances, materials, 
        or transactions having a tendency to prove or disprove 
        that persons acting either individually or in 
        combination with others, engaged in any illegal, 
        improper, or unethical activities in connection with 
        the presidential election of 1972 or any campaign, 
        canvass, or activity related to such election;
          (16) Whether any of the existing laws of the United 
        States are inadequate, either in their provisions or 
        manner of enforcement to safeguard the integrity or 
        purity of the process by which Presidents are chosen.
    Sec. 3. (a) To enable the select committee to make the 
investigation and study authorized and directed by this 
resolution, the Senate hereby empowers the select committee as 
an agency of the Senate (1) to employ and fix the compensation 
of such clerical, investigatory, legal, technical, and other 
assistants as it deems necessary or appropriate; (2) to sit and 
act at any time or place during sessions, recesses, and 
adjournment periods of the Senate; (3) to hold hearings for 
taking testimony on oath or to receive documentary or physical 
evidence relating to the matters and questions it is authorized 
to investigate or study; (4) to require by subpena or otherwise 
the attendance as witnesses of any persons who the select 
committee believes have knowledge or information concerning any 
of the matters or questions it is authorized to investigate and 
study; (5) to require by subpena or order any department, 
agency, officer, or employee of the executive branch of the 
United States Government, or any private person, firm, or 
corporation, or any officer or former officer or employee of 
any political committee or organization to produce for its 
consideration or for use as evidence in its investigation and 
study any books, checks, canceled checks, correspondence, 
communications, document, papers, physical evidence, records, 
recordings, tapes, or materials relating to any of the matters 
or questions it is authorized to investigate and study which 
they or any of them may have in their custody or under their 
control; (6) to make to the Senate any recommendations it deems 
appropriate in respect to the willful failure or refusal of any 
person to appear before it in obedience to a subpena or order, 
or in respect to the willful failure or refusal of any person 
to answer questions or give testimony in his character as a 
witness during his appearance before it, or in respect to the 
willful failure or refusal of any officer or employee of the 
executive branch of the United States Government or any person, 
firm, or corporation, or any officer or former officer or 
employee of any political committee or organization, to produce 
before the committee any books, checks, canceled checks, 
correspondence, communications, document, financial records, 
papers, physical evidence, records, recordings, tapes, or 
materials in obedience to any subpena or order; (7) to take 
depositions and other testimony on oath anywhere within the 
United States or in any other country; (8) to procure the 
temporary or intermittent services of individual consultants, 
or organizations thereof, in the same manner and under the same 
conditions as a standing committee of the Senate may procure 
such services under section 202(i) of the Legislative 
Reorganization Act of 1946; (9) to use on a reimbursable basis, 
with the prior consent of the Government department or agency 
concerned and the Committee on Rules and Administration, the 
services of personnel of any such department or agency; (10) to 
use on a reimbursable basis or otherwise with the prior consent 
of the chairman of any other of the Senate committees or the 
chairman of any subcommittee of any committee of the Senate the 
facilities or services of any members of the staffs of such 
other Senate committees or any subcommittees of such other 
Senate committees whenever the select committee or its chairman 
deems that such action is necessary or appropriate to enable 
the select committee to make the investigation and study 
authorized and directed by this resolution; (11) to have access 
through the agency of any members of the select committee, 
chief majority counsel, minority counsel, or any of its 
investigatory assistants jointly designated by the chairman and 
the ranking minority member to any data, evidence, information, 
report, analysis, or document or papers relating to any of the 
matters or questions which it is authorized and directed to 
investigate and study in the custody or under the control of 
any department, agency, officer, or employee of the executive 
branch of the United States Government having the power under 
the laws of the United States to investigate any alleged 
criminal activities or to prosecute persons charged with crimes 
against the United States which will aid the select committee 
to prepare for or conduct the investigation and study 
authorized and directed by this resolution; and (12) to expend 
to the extent it determines necessary or appropriate any moneys 
made available to it by the Senate to perform the duties and 
exercise the powers conferred upon it by this resolution and to 
make the investigation and study it is authorized by this 
resolution to make.
    (b) Subpenas may be issued by the select committee acting 
through the chairman or any other member designated by him, and 
may be served by any person designated by such chairman or 
other member anywhere within the borders of the United States. 
The chairman of the select committee, or any other member 
thereof, is hereby authorized to administer oaths to any 
witnesses appearing before the committee.
    (c) In preparing for or conducting the investigation and 
study authorized and directed by this resolution, the select 
committee shall be empowered to exercise the powers conferred 
upon committees of the Senate by section 6002 of title 18 of 
the United States Code or any other Act of Congress regulating 
the granting of immunity to witnesses.
    Sec. 4. The select committee shall have authority to 
recommend the enactment of any new congressional legislation 
which its investigation considers it is necessary or desirable 
to safeguard the electoral process by which the President of 
the United States is chosen.
    Sec. 5. The select committee shall make a final report of 
the results of the investigation and study conducted by it 
pursuant to this resolution, together with its findings and its 
recommendations as to new congressional legislation it deems 
necessary or desirable, to the Senate at the earliest 
practicable date, but no later than February 28, 1974. The 
select committee may also submit to the Senate such interim 
reports as it considers appropriate. After submission of its 
final report, the select committee shall have three calendar 
months to close its affairs, and on the expiration of such 
three calendar months shall cease to exist.
    Sec. 6. The expenses of the select committee through 
February 28, 1974, under this resolution shall not exceed 
$500,000, of which amount not to exceed $25,000 shall be 
available for the procurement of the services of individual 
consultants or organizations thereof. Such expenses shall be 
paid from the contingent fund of the Senate upon vouchers 
approved by the chairman of the select committee. The minority 
members of the select committee shall have one-third of the 
professional staff of the select committee (including a 
minority counsel) and such part of the clerical staff as may be 
adequate.

                     S. Res. 132, 93d Cong. (1973)
                     [119 Cong. Rec. 21122 (1973)]
    Resolved,
    Section 1. That the first sentence of section 6 of Senate 
Resolution 60, which was adopted on February 7, 1973, is hereby 
changed to read as follows: ``The expenses of the select 
committee through February 28, 1974, under this resolution 
shall not exceed $1,000,000, of which amount not to exceed 
$40,000 shall be available for the procurement of the services 
of individual consultants or organizations thereof.''

                     S. Res. 194, 93d Cong. (1973)
                     [119 Cong. Rec. 36095 (1973)]
    Resolved, That--
    Section 1. By S. Res. 60, Ninety-third Congress, first 
session (1973), section 3(a)(5), the Select Committee on 
Presidential Campaign Activities was and is empowered to issue 
subpenas for documents, tapes, and other material to any 
officer of the executive branch of the United States 
Government. In view of the fact that the President of the 
United States is, as recognized by S. Res. 60, an officer of 
the United States, and was a candidate for the office of 
President in 1972 and is therefore a person whose activities 
the select committee is authorized by S. Res. 60 to 
investigate, it is the sense of the Senate that the select 
committee's issuance on July 23, 1973, of two subpenas duces 
tecum to the President for the production of tapes and other 
materials was and is fully authorized by S. Res. 60. Moreover, 
the Senate hereby approves and ratifies the committee's 
issuance of these subpenas.
    Sec. 2. On August 9, 1973, the select committee and its 
members instituted suit against the President of the United 
States in the United States District Court for the District of 
Columbia to achieve compliance with the two subpenas referenced 
in section 1 above, and since that time, in both the district 
court and the United States Court of Appeals for the District 
of Columbia Circuit, have actively pursued this litigation. It 
is the sense of the Senate that the initiation and pursuit of 
this litigation by the select committee and its members was and 
is fully authorized by applicable custom and law, including the 
provisions of S. Res. 262, Seventieth Congress, First Session 
(1928). In view of the entirely discretionary provisions of 
section 3(a)(6) of S. Res. 60, it is further the sense of the 
Senate that the initiation of this lawsuit did not require the 
prior approval of the Senate. Moreover, the Senate hereby 
approves and ratifies the actions of the select committee in 
instituting and pursuing the aforesaid litigation.
    Sec. 3. The select committee and its members, by issuing 
subpenas to the President and instituting and pursuing 
litigation to achieve compliance with those subpenas, were and 
are acting to determine the extent of possible illegal, 
improper, or unethical conduct in connection with the 
Presidential campaign and election of 1972 by officers or 
employees of the executive branch of the United States 
Government or other persons. It is the sense of the Senate 
that, in so doing, the select committee and its members were 
and are engaged in the furtherance of valid legislative 
purposes, to wit, a determination of the need for and scope of 
corrective legislation to safeguard the processes by which the 
President of the United States is elected and, in that 
connection, the informing of the public of the extent of 
illegal, improper, or unethical activities that occurred in 
connection with the Presidential campaign and election of 1972 
and the involvement of officers or employees of the executive 
branch or others therein. It is further the sense of the Senate 
that the materials sought by the committee's subpenas are of 
vital importance in determining the extent of such involvement 
and in determining the need for and scope of corrective 
legislation.

                     S. Res. 327, 93d Cong. (1974)
                     [120 Cong. Rec. 15917 (1974)]
    Resolved, That section 5 of S. Res. 60, which was adopted 
February 7, 1973, is hereby amended to read as follows: ``The 
select committee shall make a final report of the results of 
the investigation and study conducted by it pursuant to this 
resolution, together with its findings and such legislative 
proposals as it deems necessary or desirable, to the Senate at 
the earliest practicable date, but no later than June 30, 1974. 
The select committee may also submit to the Senate such interim 
reports as it considers appropriate. After submission of its 
final report, the select committee shall have three calendar 
months to close its affairs, and on the expiration of such 
three calendar months shall cease to exist: Provided, however, 
That in case the judicial action brought by the select 
committee against the President to obtain specified taped 
recordings of conversations in which the President and his 
former aide, John W. Dean, participated is not fully 
adjudicated before the expiration of such three calendar 
months, the select committee shall continue in existence 
thereafter until thirty days subsequent to the occurrence of 
one of these alternative events, namely, the judicial action is 
finally adjudicated adversely to the select committee, or the 
specified taped recordings are actually received by the select 
committee pursuant to the final adjudication of such judicial 
action or otherwise. In case the last event occurs, the select 
committee is empowered to report to the Senate an addendum to 
its final report setting forth findings and legislative 
recommendations based on what the taped recordings disclose.''.

                           RULES OF PROCEDURE
                                for the

                          SELECT COMMITTEE ON

                         PRESIDENTIAL CAMPAIGN

                               ACTIVITIES
                      [119 Cong. Rec. 5783 (1973)]
                               __________
                               
    1. Preliminary investigations may be initiated by the 
committee staff with the approval of the Chairman or at his 
direction.
    2. Committee hearings or meetings shall be conducted by the 
Chairman or member designated by the Chairman.
    3. The Chairman shall give each member written notice of 
the subject of and scope of any hearings 24 hours prior to the 
time such hearing is to begin within the District of Columbia; 
otherwise 48 hours prior thereto. No hearings shall then be 
held if any member objects unless upon the subsequent approval 
of the majority of the committee.
    4. The Chairman shall have authority to call meetings of 
the committee which authority he may delegate to any other 
member. Members shall have at least 24 hours notice of any 
meeting of the committee within the District of Columbia; 
otherwise 48 hours prior thereto.
    Should a majority of the members request the Chairman in 
writing to call a meeting of the committee and should the 
Chairman fail to call such meeting within 10 days thereafter, 
such majority may call a meeting by filing a written notice 
with the Clerk who shall promptly notify each member of the 
committee in writing. If the Chairman is not present at any 
such meeting, and has not designated another member to conduct 
the meeting, the ranking majority member present shall preside.
    5. A quorum for the transaction of committee business shall 
consist of a majority of the committee members. Unless 
otherwise specified in these rules, decisions of the committee 
shall be by a majority of votes case. For the purpose of 
hearing witnesses, taking testimony, and receiving evidence, a 
quorum will consist of one Senator.
    6. No person shall be allowed to be present during a 
hearing or meeting held in executive session except members and 
employees of the committee, the witness and his counsel, 
stenographers, or interpreters of the committee. Other persons 
whose presence is requested or consented to by the majority of 
the members of the committee present may be admitted to such 
sessions.
    7. It shall be the duty of the Clerk and staff director to 
keep or cause to be kept a record of all committee proceedings, 
including the record of votes on any matter on which a record 
vote is taken and of all quorum calls together with all 
motions, points of order, parliamentary inquiries, rulings of 
the chair and appeals therefrom. The record shall show those 
members present at each meeting. Such record shall be available 
to any member of the committee upon request.
    8. A vote by any member of the committee with respect to 
any measure or matter being considered by the committee may be 
cast by proxy providing the proxy authorization is in writing 
to the Chairman, designating the person who is to execute the 
proxy authorization, and is limited to a specific measure or 
matter and any amendments pertaining thereto. Proxies shall not 
be considered for the establishment of a quorum.
    9. Subpenas for attendance of witnesses and the production 
of memoranda, documents, and records may be issued by the 
Chairman or any other member designated by him, and may be 
served by any person designated by such Chairman or member. 
Authorization for the issuance of a subpena shall be given by 
the Chairman or Vice Chairman of the committee, or both, or by 
the majority of the members of the committee present at a 
meeting, if either the Chairman or Vice Chairman or both 
requests that the authorization for the issuance of any 
particular subpena or subpenas be decided by the committee.
    10. Each subpena shall be accompanied by a copy of the 
Senate resolution authorizing the investigation with respect to 
which the witness is summoned to testify or to produce papers.
    11. Witnesses shall be subpenaed at a reasonably sufficient 
time in advance of any hearing in order to give the witness an 
opportunity to prepare for the hearing, employ counsel should 
he so desire, and/or produce documents, books, records, 
memoranda, and papers called for by a subpena duces tecum. The 
committee shall determine, in each particular instance, what 
period of time constitutes reasonable notice; however in no 
case shall it be less than 24 hours.
    12. Except when publication is authorized by the Chairman, 
no member of the committee or staff shall make public the name 
of any witness subpenaed before the committee or release any 
information to the public relating to a witness under subpena 
or the issuance of a subpena prior to the time and date set for 
his appearance.
    13. All witnesses appearing before the committee, pursuant 
to subpena, shall be furnished a printed copy of the rules of 
procedure of the committee.
    14. All witnesses at public or executive investigative 
hearings shall give all testimony under oath or affirmation 
which shall be administered by the Chairman or a member of the 
committee.
    15. The time and order of interrogation of witnesses 
appearing before the committee shall be controlled by the 
Chairman. Interrogation of witnesses at committee hearings 
shall be conducted by committee members and authorized 
committee staff personnel only.
    16. Any objection raised by a witness or his counsel to 
procedures or to the admissibility of testimony and evidence 
shall be ruled upon by the Chairman or presiding member and 
such rulings shall be the rulings of the committee, unless a 
disagreement thereon is expressed by a majority of the 
committee present. In the case of a tie, the rule of the Chair 
will prevail.
    17. Any witness desiring to make a prepared or written 
statement for the records of the proceedings shall file a copy 
of such statement with the counsel of the committee 24 hours in 
advance of the hearings at which the statement is to be 
presented, unless the Chairman waives the requirement. All such 
statements or portions thereof so received which are relevant 
and germane to the subject of investigation may, at the 
conclusion of the testimony of the witness and with the 
approval of a majority of the committee members be inserted in 
the official transcript of the proceedings.
    18. A witness may make a statement, which shall be brief 
and relevant to the subject matter of his examination, at the 
beginning and conclusion of his testimony. Each such statement 
shall not exceed three minutes unless an extension of time is 
authorized by the Chairman. However, statements which take the 
form of personal attacks by the witness upon the motives of the 
committee, the personal character of any members of the 
Congress or of the committee staff, and intemperate statements, 
are not deemed to be relevant or germane, shall not be made, 
and may be stricken from the record of the proceedings.
    19. All witnesses at public or executive hearings shall 
have the right to be accompanied by counsel. Any witness who 
desires counsel but who is unable to secure counsel may inform 
the committee at least 24 hours in advance of his appearance of 
his inability to retain counsel and the committee will endeavor 
to secure voluntary counsel for the witness. However, failure 
to secure counsel will not excuse the witness from appearing.
    20. 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. The sole 
and exclusive prerogative of the counsel shall be to advise 
such witness while he is testifying of his legal rights and 
constitutional rights. Provided, however, that any Government 
officer or employee being interrogated by the staff or 
testifying before the committee and electing to have his 
personal counsel present shall not be permitted to select such 
counsel from the employees or officers of any Government 
agency.
    21. A witness shall not be excused from testifying in the 
event his counsel is not present or is ejected for contumacy or 
disorderly conduct; nor shall counsel for the witness coach the 
witness, answer for the witness, or put words in the witness' 
mouth. The failure of any witness to secure counsel shall not 
excuse such witness from attendance in response to subpena.
    22. At the conclusion of the interrogation of his client, 
counsel shall be permitted to make such reasonable and 
pertinent requests upon the committee, including the testimony 
of other witnesses or presentation of other evidence, as he 
shall deem necessary to protect his client's rights. These 
requests shall be ruled upon by the committee members present.
    23. Counsel for witnesses shall conduct himself in a 
professional, ethical, and proper manner. His failure to do so 
shall, upon a finding to that effect by a majority of the 
committee members present, subject such counsel to disciplinary 
action which may include warning, censure, removal of counsel 
from the hearing room, or a recommendation of contempt 
proceedings.
    24. There shall be no direct or cross-examination by 
counsel appearing for a witness. However, the counsel may 
submit in writing any questions he wishes propounded to his 
client or to any other witness. With the consent of the 
majority of the members present, such question or questions 
shall be put to the witness by the Chairman, by another member 
or by counsel of the committee either in the original form or 
in modified language. The decision of the committee as to the 
admissibility of questions submitted by counsel for a witness, 
as well as their form, shall be final.
    25. Any person who is the subject of an investigation in 
public hearings may submit to the Chairman questions in writing 
for the cross-examination of the witnesses. Their formulation 
and admissibility shall be decided by the committee in 
accordance with rule 25.
    26. 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 the committee member or counsel, tends to defame him or 
otherwise adversely affect his reputation, may (a) request to 
appear personally before the committee to testify on his own 
behalf, 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 committee for its consideration and action.
    27. No testimony taken or material presented in an 
executive session, or any summary or excerpt thereof shall be 
made available to other than the committee members and 
committee staff and no such material or testimony shall be made 
public or presented at a public hearing, either in whole or in 
part, unless authorized by a majority of the committee members 
or as otherwise provided for in these rules.
    28. No evidence or testimony, or any summary or excerpt 
thereof given in executive session which the committee 
determines may tend to defame, degrade, or incriminate any 
person shall be released, or presented at a public hearing 
unless such person shall have been afforded the opportunity to 
testify or file a statement in rebuttal, and any pertinent 
evidence or testimony given by such person, or on his behalf, 
is made a part of the transcript, summary, or excerpt prior to 
the public release of such portion of the testimony.
    29. A complete and accurate stenographic record shall be 
made of all testimony at all public and executive committee 
hearings.
    30. A witness shall, upon request, be given a reasonable 
opportunity before any transcript is made public to inspect in 
the office of the committee the transcript of his testimony to 
determine whether it was correctly transcribed and may be 
accompanied by his counsel during such inspection. If the 
witness so desires, the committee will furnish him a copy of 
his testimony, at no expense to the witness.
    31. Any corrections in the transcription of the testimony 
of the witness which the witness desires to make shall be 
submitted in writing to the committee within 5 days of the 
taking of his testimony. However, changes shall only be made 
for the purpose of making minor grammatical corrections and 
editing, and not for the purpose of changing the substance of 
the testimony. Any questions arising with respect to such 
editing shall be decided by the Chairman.
    32. A copy of the 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 his expense, 
if he so requests. Any witness shall be given a reasonable 
opportunity to inspect any such public testimony in the 
committee office.
    33. Whenever the Chairman so permits, any committee hearing 
that is open to the public may be covered, in whole or in part, 
by television broadcast, radio broadcast, and still 
photography, or by any other media coverage, provided that such 
coverage is orderly and unobtrusive.
    34. The coverage of any hearing of the committee by 
television, radio, or still photography shall be under the 
direct supervision of the Chairman, who may for good cause 
terminate such media coverage in whole or in part, or take such 
other action as the circumstances may warrant.
    35. A witness may request, on grounds of distraction, 
harassment, or physical discomfort, that during his testimony, 
television, motion picture, and other cameras and lights shall 
not be directed at him, such requests to be ruled on by the 
committee members present at the hearing.
    36. No recommendation that a witness be cited for contempt 
of Congress shall be forwarded to the Senate unless and until 
the committee has, upon notice to all its members, met and 
considered the alleged contempt and by a majority of the 
committee voted that such recommendation be made.
    37. All staff members shall be confirmed by a majority of 
the committee. After confirmation, the Chairman shall certify 
staff appointments to the financial clerk of the Senate, in 
writing.
    38. The Chairman shall have the authority to utilize the 
services, information, facilities, and personnel of the 
departments and establishments of the Government, and to 
procure the temporary or intermittent services of experts or 
consultants or organizations thereof to make studies or assist 
or advise the committee with respect to any matter under 
investigation.
    39. In preparing for or conducting the investigation and 
study authorized and directed by the resolution creating this 
committee the committee is empowered to exercise the powers 
conferred upon committees of the Senate by sections 6002 and 
6005 of title 18 of the United States Code or any other act of 
Congress regulating the granting of immunity to witnesses.
    40. All information developed by or made known to any 
member of the committee staff shall be deemed to be 
confidential. No member of the committee staff shall 
communicate to any person, other than a member of the committee 
or another member of the committee staff, any substantive 
information with respect to any substantive matter related to 
the activities of the committee. All communications with the 
press and other persons not on the committee or committee staff 
in respect to confidential substantive matters shall be by 
members of the committee only. Official releases of information 
to the press on behalf of the committee shall be made only with 
the express consent of the Chairman and Vice Chairman.
    41. These rules may be modified, amended, or repealed by a 
decision of the committee, provided that a notice in writing of 
the proposed change has been given to each member at least 48 
hours prior to the respective action.


                                 of the






                               __________
                               






    On Monday, April 16, 1973, the Select Committee on 
Presidential Campaign Activities met and unanimously adopted 
guidelines regarding testimony and appearances of prospective 
witnesses before the Select Committee. The text follows.
                                 ______
                                 
    In investigating the matters mentioned in S. Res. 60, the 
Senate Select Committee on Presidential Campaign Activities 
will observe its standing rules, its previously established 
procedures for staff interviews of prospective witnesses, and 
these guidelines:
    1. The committee will receive oral and documentary evidence 
relevant to the matters S. Res. 60 authorizes it to investigate 
and matters bearing on the credibility of the witnesses who 
testify before it.
    2. All witnesses shall testify before the committee on oath 
or affirmation in hearings which shall be open to the public 
and the news media. This guideline shall not abridge, however, 
the power of the committee to take the testimony of a 
particular witness on oath or affirmation in an executive 
meeting if the committee would otherwise be unable to ascertain 
whether the witness knows anything relevant to the matters the 
committee is authorized to investigate.
    3. All still and motion picture photography will be 
completed before a witness actually testifies, and no such 
photography shall occur while the witness is testifying. 
Television coverage of a witness and his testimony shall be 
permitted, however, under the provisions of the Standing Rules 
of the Committee.
    4. In taking the testimony of a witness, the committee will 
endeavor to do two things: First, to minimize inconvenience to 
the witness and disruption of his affairs; and, second, to 
afford the witness a fair opportunity to give his testimony 
without undue interruption. To achieve the first of these 
objectives, the committee will honor the request of the witness 
to the extent feasible for advance notice of the time and place 
appointed for taking his testimony, complete the taking of his 
testimony with as much dispatch as circumstances permit, and 
release the witness from further attendance on the committee as 
soon as circumstances allow, subject, however, to the power of 
the committee to recall him for further testimony in the event 
the committee deems such action advisable. To afford the 
witness a fair opportunity to present his testimony, the 
committee will permit the witness to make an opening statement 
not exceeding 20 minutes, which shall not be interrupted by 
questioning, and a closing statement summarizing his testimony, 
not exceeding 5 minutes, which will not be interrupted by 
questioning: Provided, however, questions suggested by the 
closing statement may be propounded after such statement is 
made.
    5. The committee respects and recognizes the right of a 
prospective witness who is interviewed by the staff of the 
committee in advance of a public hearing as well as the right 
of a witness who appears before the committee to be accompanied 
by a lawyer of his own choosing to advise him concerning his 
constitutional and legal rights as a witness.
    6. If the lawyer who accompanies a witness before the 
committee advises the witness to claim a privilege against 
giving any testimony sought by the committee, the committee 
shall have the discretionary power to permit the lawyer to 
present his views on the matter for the information of the 
committee, and the committee shall thereupon rule on the 
validity of the claim or its application to the particular 
circumstances involved and require the witness to give the 
testimony sought in the event its ruling on the claim is 
adverse to the witness. Neither the witness nor any other 
officer or person shall be permitted to claim a privilege 
against the witness testifying prior to the appearance of the 
witness before the committee, and the committee shall not rule 
in respect to the claim until the question by which the 
testimony is sought is put to the witness.
    7. The committee believes that it may be necessary for it 
to obtain the testimony of some White House aides if the 
committee is to be able to ascertain the complete truth in 
respect to the matters it is authorized to investigate by S. 
Res. 60. To this end, the committee will invite such White 
House aides as it has reason to believe have knowledge or 
information relevant to the matters it is authorized to 
investigate to appear before the committee and give testimony 
on oath or affirmation in open hearings respecting such 
matters. In this connection, the committee will extend to such 
aides the considerations set forth in detail in guideline No. 4 
and the right to counsel set forth in detail in guidelines Nos. 
5 and 6. In addition to these considerations and rights, the 
committee will permit the White House to have its own counsel 
present when any White House aide appears before the committee 
as a witness, and permit such counsel to invoke any claim that 
a privilege available to the President forbids a White House 
aide to give the testimony sought by the committee, and the 
committee shall thereupon rule on validity of such claim or its 
application to the particular testimony sought in the manner 
and with the effect set forth in guideline No. 6 in respect to 
a claim of privilege invoked by a witness or his counsel. The 
committee will not subpoena a White House aide to appear before 
it or its staff unless such aide fails to make timely response 
to an invitation to appear.
    8. The committee may require the Sergeant at Arms of the 
Senate, or any of his assistants or deputies, or any available 
law enforcement officer to eject from a meeting of the 
committee any person who willfully disrupts the meeting or 
willfully impedes the committee in the performance of its 
functions under S. Res. 60.
    9. Whenever the committee takes testimony through the 
agency of less than the majority of the members of the 
committee, as authorized by its standing rules, the member or 
members of the committee taking the testimony shall be vested 
with the powers set forth in these guidelines and shall be 
deemed to act as the committee in exercising such powers.
church committee (1975)

special investigatory committees

                                  2. 

                                   []
  [Journal of the Senate, 94th Cong., 1st Sess., 51-53, Jan. 27, 1975]


    Resolved, To establish a select committee of the Senate to 
conduct an investigation and study of governmental operations 
with respect to intelligence activities and of the extent, if 
any, to which illegal, improper, of unethical activities were 
engaged in by any agency of the Federal Government or by any 
persons, acting individually or in combination with others, 
with respect to any intelligence activity carried out by or on 
behalf of the Federal Government; be it further
    Resolved, That (a) there is hereby established a select 
committee of the Senate which may be called, for convenience of 
expression, the Select Committee To Study Governmental 
Operations With Respect to Intelligence Activities to conduct 
an investigation and study of the extent, if any, to which 
illegal, improper, or unethical activities were engaged in by 
any agency or by any persons, acting either individually or in 
combination with others, in carrying out any intelligence or 
surveillance activities by or on behalf of any agency of the 
Federal Government.
    (b) The select committee created by this resolution shall 
consist of eleven members of the Senate, six to be appointed by 
the President of the Senate upon the recommendation of the 
majority members of the Senate upon the recommendation of the 
majority leader of the Senate, and five minority members of the 
Senate to be appointed by the President of the Senate upon the 
recommendation of the minority leader of the Senate. For the 
purposes of paragraph 6 of rule XXV of the Standing Rules of 
the Senate, service of a Senator as a member, chairman, or vice 
chairman of the select committee shall not be taken into 
account.
    (c) The majority members of the committee shall select a 
chairman and the minority members shall elect a vice chairman 
and the committee shall adopt rules and procedures to govern 
its proceedings. The vice chairman shall preside over meetings 
of the select committee during the absence of the chairman, and 
discharge such other responsibilities as may be assigned to him 
by the select committee or the chairman. Vacancies in the 
membership of the select committee shall not affect the 
authority of the remaining members to execute the functions of 
the select committee and shall be filled in the same manner as 
original appointments to it are made.
    (d) A majority of the members of the select committee shall 
constitute a quorum for the transaction of business, but the 
select committee may affix a lesser number as a quorum for the 
purpose of taking testimony or depositions.
    Sec. 2. The select committee is authorized and directed to 
do everything necessary or appropriate to make the 
investigations and study specified in subsection (a) of the 
first section. Without abridging in any way the authority 
conferred upon the select committee by the preceding sentence, 
the Senate further expressly authorizes and directs the select 
committee to make a complete investigation and study of the 
activities of any agency or of any and all persons or groups of 
persons or organizations of any kind which have any tendency to 
reveal the full facts with respect to the following matters or 
questions:
          (1) Whether the Central Intelligence Agency has 
        conducted an illegal domestic intelligence operation in 
        the United States.
          (2) The conduct of domestic intelligence or 
        counterintelligence operations against United States 
        citizens by the Federal Bureau of Investigation or any 
        other Federal agency.
          (3) The origin and disposition of the so-called 
        Huston Plan to apply United States intelligence agency 
        capabilities against individuals or organizations 
        within the United States.
          (4) The extent to which the Federal Bureau of 
        Investigation, the Central Intelligence Agency, and 
        other Federal law enforcement or intelligence agencies 
        coordinate their respective activities, any agreements 
        which govern that coordination, and the extent to which 
        a lack of coordination has contributed to activities or 
        actions which are illegal, improper, inefficient, 
        unethical, or contrary to the intent of Congress.
          (5) The extent to which the operation of domestic 
        intelligence or counterintelligence activities and the 
        operation of any other activities within the United 
        States by the Central Intelligence Agency conforms to 
        the legislative charter of that Agency and the intent 
        of the Congress.
          (6) The past and present interpretation by the 
        Director of Central Intelligence of the responsibility 
        to protect intelligence sources and methods as it 
        relates to the provision in section 102(d)(3) of the 
        National Security Act of 1947 (50 U.S.C. 403(d)(3)) 
        that ``. . . that the agency shall have no police, 
        subpena, law enforcement powers, or internal security 
        functions. . . .''
          (7) Nature and extent of executive branch oversight 
        of all United States intelligence activities.
          (8) The need for specific legislative authority to 
        govern the operations of any intelligence agencies of 
        the Federal Government now existing without that 
        explicit statutory authority, including but not limited 
        to agencies such as the Defense Intelligence Agency and 
        the National Security Agency.
          The nature and extent to which Federal agencies 
        cooperate and exchange intelligence information and the 
        adequacy of any regulations or statutes which govern 
        such cooperation and exchange of intelligence 
        information.
          (9) The extent to which United States intelligence 
        agencies are governed by Executive orders, rules, or 
        regulations either published or secret and the extent 
        to which those Executive orders, rules, or regulations 
        interpret, expand, or are in conflict with specific 
        legislative authority.
          (10) The violation or suspected violation of any 
        State or Federal statute by any intelligence agency or 
        by any person by or on behalf of any intelligence 
        agency of the Federal Government including but not 
        limited to surreptitious entries, surveillance, wire-
        taps, or eavesdropping, illegal opening of the United 
        States mail, or the monitoring of the United States 
        mail.
          (11) The need for improved, strengthened, or 
        consolidated oversight of United States intelligence 
        activities by the Congress.
          (12) Whether any of the existing laws of the United 
        States are inadequate, either in their provisions or 
        manner of enforcement, to safeguard the rights of 
        American citizens, to improve executive and legislative 
        control of intelligence and related activities, and to 
        resolve uncertainties as to the authority of the United 
        States intelligence and related agencies.
          (13) Whether there is unnecessary duplication of 
        expenditure and effort in the collection and processing 
        of intelligence information by United States agencies.
          (14) The extent and necessity of overt and covert 
        intelligence activities in the United States and 
        abroad.
          (15) Such other related matters as the committee 
        deems necessary in order to carry out its 
        responsibilities under section (a).
    Sec. 3. (a) To enable the select committee to make the 
investigation and study authorized and directed by this 
resolution, the Senate hereby empowers the select committee as 
an agency of the Senate (1) to employ and fix the compensation 
of such clerical, investigatory, legal, technical, and other 
assistants as it deems necessary or appropriate, but it may not 
exceed the normal Senate salary schedules; (2) to sit and act 
at any time or place during sessions, recesses, and adjournment 
periods of the Senate; (3) to hold hearings for taking 
testimony on oath or to receive documentary or physical 
evidence relating to the matters and questions it is authorized 
to investigate or study; (4) to require by subpena or otherwise 
the attendance as witnesses of any person who the select 
committee believes [have] knowledge or information concerning 
any of the matters or questions it is authorized to investigate 
and study; (5) to require by subpena or order any department, 
agency, officer, or employee of the executive branch of the 
United States Government, or any private person, firm, or 
corporation, to produce for its consideration or for use as 
evidence in its investigation and study any books, checks, 
canceled checks, correspondence, communications, document, 
papers, physical evidence, records, recordings, tapes, or 
materials relating to any of the matters or questions it is 
authorized to investigate and study which they or any of them 
may have in their custody or under their control; (6) to make 
to the Senate any recommendations it deems appropriate in 
respect to the willful failure or refusal of any person to 
answer questions or give testimony in his character as a 
witness during his appearance before it or in respect to the 
willful failure or refusal of any officer or employee of the 
executive branch of the United States Government or any person, 
firm, or corporation to produce before the committee any books, 
checks, canceled checks, correspondence, communications, 
document, financial records, papers, physical evidence, 
records, recordings, tapes, or materials in obedience to any 
subpena or order; (7) to take depositions and other testimony 
on oath anywhere within the United States or in any other 
country; (8) to procure the temporary or intermittent services 
of individual consultants, or organizations thereof, in the 
same manner and under the same conditions as a standing 
committee of the Senate may procure such services under section 
202(i) of the Legislative Reorganization Act of 1946; (9) to 
use on a reimbursable basis, with the prior consent of the 
Committee on Rules and Administration, the services of 
personnel of any such department or agency; (10) to use on a 
reimbursable basis or otherwise with the prior consent of the 
chairman of any subcommittee of any committee of the Senate, 
the facilities or services of any members of the staffs of such 
other Senate committees or any subcommittees of such other 
Senate committees whenever the select committee or its chairman 
deems that such action is necessary or appropriate to enable 
the select committee to make the investigation and study 
authorized and directed by this resolution; (11) to have direct 
access through the agency of any members of the select 
committee or any of its investigatory or legal assistants 
designated by it or its chairman or the ranking minority member 
of any data, evidence, information, report, analysis, or 
document or papers, relating to any of the matters or questions 
which it is authorized and directed to investigate and study in 
the custody or under the control of any department, agency, 
officer, or employee of the executive branch of the United 
States Government, including any department, agency, officer, 
or employee of the United States Government having the power 
under the laws of the United States to investigate any alleged 
criminal activities or to prosecute persons charged with crimes 
against the United States and any department, agency, officer, 
or employee of the United States Government having the 
authority to conduct intelligence or surveillance within or 
outside the United States, without regard to the jurisdiction 
or authority of any other Senate committee, which will aid the 
select committee to prepare for or conduct the investigation 
and study authorized and directed by this resolution; and (12) 
to expend to the extent it determines necessary or appropriate 
any moneys made available to it by the Senate to perform the 
duties and exercise the powers conferred upon it by this 
resolution and to make the investigation and study it is 
authorized by this resolution to make.
    (b) Subpenas may be issued by the select committee acting 
through the chairman or any other member designated by him, and 
may be served by any person designated by such chairman or 
other member anywhere within the borders of the United States. 
The chairman of the select committee, or any other member 
thereof, is hereby authorized to administer oaths to any 
witnesses appearing before the committee.
    (c) In preparing for or conducting the investigation and 
study authorized and directed by this resolution, the select 
committee shall be empowered to exercise the powers conferred 
upon committees of the Senate by section 6002 of title 18, 
United States Code, or any other Act of Congress regulating the 
granting of immunity to witnesses.
    Sec. 4. The select committee shall have authority to 
recommend the enactment of any new legislation or the amendment 
of any existing statute which it considers necessary or 
desirable to strengthen or clarify the national security, 
intelligence, or surveillance activities of the United States 
and to protect the rights of United States citizens with regard 
to those activities.
    Sec. 5. The select committee shall make a final report of 
the results of the investigation and study conducted by it 
pursuant to this resolution, together with its findings and its 
recommendations as to new congressional legislation it deems 
necessary or desirable, to the Senate at the earliest 
practicable date, but no later than September 1, 1975. The 
select committee may also submit to the Senate such interim 
reports as it considers appropriate. After submission of its 
final report, the select committee shall have three calendar 
months to close its affairs, and on the expiration of such 
three calendar months shall cease to exist.
    Sec. 6. The expenses of the select committee through 
September 1, 1975, under this resolution shall not exceed 
$750,000 of which amount not to exceed $100,000 shall be 
available for the procurement of the services of individual 
consultants or organizations thereof. Such expenses shall be 
paid from the contingent fund of the Senate upon vouchers 
approved by the chairman of the select committee.
    Sec.   . The select committee shall institute and carry out 
such rules and procedures as it may deem necessary to prevent 
(1) the disclosure, outside the select committee, of any 
information relating to the activities of the Central 
Intelligence Agency or any other department or agency of the 
Federal Government engaged in intelligence activities, obtained 
by the select committee during the course of its study and 
investigation, not authorized by the select committee to be 
disclosed, and (2) the disclosure, outside the select 
committee, of any information which would adversely affect the 
intelligence activities of the Central Intelligence Agency in 
foreign countries or the intelligence activities in foreign 
countries of any other department or agency of the Federal 
Government.
    No employee of the select committee or any person engaged 
by contract or otherwise to perform services for the select 
committee shall be given access to any classified information 
by the select committee unless such employee or person has 
received an appropriate security clearance as determined by the 
select committee. The type of security to be required in the 
case of any such employee or person shall within the 
determination of the select committee be commensurate with the 
sensitivity of the classified information to which such 
employee or person will be given access by the select 
committee.
    Sec.   . As a condition for employment as described in 
section 3 of this Resolution, each person shall agree not to 
accept any honorarium, royalty or other payment for a speaking 
engagement, magazine article, book, or other endeavor connected 
with the investigation and study undertaken by this committee.


                                for the


                    [121 Cong. Rec. 12306-08 (1975)]

                                9, 1975
                     rule 1. convening of meetings
    1.1 The Committee may schedule a regular day and hour for 
the Committee to meet.
    1.2 The Chairman shall have authority, upon proper notice, 
to call such additional meetings of the Committee as he may 
deem necessary and may delegate such authority to any other 
member of the Committee
    1.3 A special meeting of the Committee may be called at any 
time upon the written request of six or more members of the 
Committee filed with the Clerk of the Committee.
    1.4 In the case of any meeting of the Committee, other than 
a regularly scheduled meeting, the Clerk of the Committee shall 
notify every member of the Committee of the time and place of 
the meeting and shall give reasonable notice which, except in 
extraordinary circumstances, shall be at least 24 hours in 
advance of any meeting held in Washington, DC and at least 48 
hours in the case of any meeting held outside Washington, DC.
    1.5 If a majority of the members of the Committee have made 
a request in writing to the Chairman to call a meeting of the 
Committee and the Chairman fails to call such a meeting within 
seven calendar days thereafter, including the day on which the 
written notice is submitted, such majority may call a meeting 
by filing a written notice with the Clerk of the Committee who 
shall promptly notify each member of the Committee in writing 
of the date and time of the meeting.
                       rule 2. meeting procedures
    2.1 Meetings of the Committee shall be open to the public 
except when otherwise directed by the Chairman or majority vote 
of members present.
    2.2 It shall be the duty of the staff director to keep or 
cause to be kept a record of all Committee proceedings.
    2.3 The Chairman of the Committee, or if the Chairman is 
not present the Vice Chairman, shall preside over all meetings 
of the Committee. In the absence of the Chairman and the Vice 
Chairman at any meeting majority member is present the ranking 
minority member present, shall preside.
    2.4 Except as otherwise provided in these Rules, decisions 
of the Committee shall be by majority vote of the members 
present and voting. A quorum for the transaction of Committee 
business, including the conduct of Executive sessions, shall 
consist of six Committee members except, that for the purpose 
of hearing witnesses, taking sworn testimony, and receiving 
evidence under oath, a quorum may consist of one Senator.
    2.5 A vote by any member of the Committee with respect to 
any measure or matter being considered by the Committee may be 
cast by proxy if the proxy authorization (1) is in writing to 
the Chairman or Vice Chairman; (2) designates the member of the 
Committee who is to exercise the proxy; and (3) is limited to a 
specific measure or matter and any amendments pertaining 
thereto. Proxies shall not be considered for the establishment 
of a quorum.
           rule 3. broadcasting, television, and photography
    Any Committee meeting which is open to the public may, 
subject to Rule 6.7, be covered, in whole or in part, by 
television, radio, still photography or other media coverage, 
if the Chairman authorizes such coverage. When coverage by any 
such media is authorized it must be conducted in an orderly and 
unobtrusive manner, and the Chairman may for good cause 
terminate such media coverage in whole or in part, or take such 
other action as the circumstances may warrant.
                         rule 4. investigations
    No investigation shall be initiated by the Committee unless 
a majority of the members of the Committee has specifically 
authorized such investigation, but any member of the Committee 
shall be entitled to pursue any inquiry individually unless 
specifically prohibited by a majority vote of the members of 
the Committee. Authorized investigations or inquiries may be 
conducted by members of the Committee and/or by designated 
staff members.
                           rule 5. subpoenas
    Subpoenas for attendance of witnesses or the production of 
memoranda, documents, records, or any other material may be 
issued by the Chairman, or any other member designated by him 
after consultation with the Vice Chairman, and may be served by 
any person designated by the Chairman or member. Each subpoena 
shall contain a copy of Senate Resolution 21, 94th Congress, 
1st Session.
         rule 6. procedures related to the taking of testimony
    6.1 Notice.--Witnesses required to appear before the 
Committee shall be given reasonable notice and all witnesses 
shall be furnished a copy of these Rules.
    6.2 Oath or Affirmation.--Testimony of witnesses shall be 
given under oath or affirmation which may be administered by 
any member of the Committee.
    6.3 Interrogation.--Committee interrogation shall be 
conducted by members of the Committee and such staff personnel 
as is authorized by the Chairman, the Vice Chairman, or the 
presiding member.
    6.4 Counsel for the Witness.--(a) Any witness may be 
accompanied by counsel. A witness who is unable to obtain 
counsel may inform the Committee of such fact, and if 
consistent with the notice given under Section 6.1 hereof, at 
least 24 hours prior to his appearance before the Committee, 
the Committee shall then endeavor to obtain voluntary counsel 
for the witness, but failure to obtain such counsel will not 
excuse the witness from appearing and testifying.
    (b) Counsel shall conduct themselves in an ethical and 
professional manner. Failure to do so shall, upon a finding to 
that effect by a majority of the members present, subject such 
counsel to disciplinary action which may include warning, 
censure, removal, or a recommendation of contempt proceedings.
    (c) There shall be no direct or cross examination by 
counsel. However, counsel may submit in writing any questions 
he wishes propounded to his client or to any other witness and 
may, at the conclusion of his client's testimony suggest the 
presentation of other evidence or the calling of other 
witnesses. The Committee may use such questions and dispose of 
such suggestions as it may see fit.
    6.5 Statements by Witnesses.--A witness may make a 
statement, which shall be brief and relevant, at the beginning 
and conclusion of his testimony. Such statements shall not 
exceed a reasonable period of time as determined by the 
Chairman, or other presiding member. Any witness desiring to 
make a prepared or written statement for the record of the 
proceedings shall file a copy with the Clerk of the Committee, 
and in so far as practicable and consistent with the notice 
given, shall do so at least 72 hours in advance of his 
appearance before the Committee.
    6.6 Objections and Rulings.--Any objection raised by a 
witness or counsel shall be ruled upon by the Chairman or other 
presiding member, and such ruling shall be the ruling of the 
Committee unless a majority of the Committee present overrules 
the ruling. In the case of tie votes the rule of the chair will 
prevail.
    6.7 Lights and Broadcasting.--(a) A witness may request, on 
grounds of distraction, harassment, or physical discomfort, 
that during his testimony, television, motion picture, and 
other cameras and lights shall not be directed at him, such 
requests to be ruled on in accordance with Rule 2.4.
    (b) No witness subpoenaed by the Committee shall be 
required against his will to be photographed at any hearing or 
to give evidence or testimony while the broadcasting of that 
hearing, by radio or television, is being conducted. At the 
request of any witness who does not wish to be subjected to 
radio, television, or still photography coverage, all lenses 
shall be covered and all microphones used for coverage turned 
off. So far as is practicable, a witness desiring to make such 
a request shall so inform the Chief Counsel of the Committee at 
least 24 hours prior to the time that witness is scheduled to 
testify.
    6.8 Inspection and Correction.--All witnesses testifying 
before the Committee shall be given a reasonable opportunity to 
inspect, in the office of the Committee, the transcript of 
their testimony to determine whether such testimony was 
correctly transcribed. The witness may be accompanied by 
counsel. Any corrections the witness desires to make in the 
transcript shall be submitted in writing to the Committee 
within five days of the availability of the transcript. 
Corrections shall be limited to grammar and minor editing, and 
may not be made to change the substance of the testimony. Any 
questions arising with respect to such corrections shall be 
decided by the Chairman. Upon request, those parts of testimony 
given by a witness in Executive session which are subsequently 
quoted or made part of a record shall be made available to that 
witness at his expense.
    6.9 Persons Affected by Testimony.--A person who believes 
that testimony or other evidence presented at a public hearing, 
or any comment made by a Committee member or Committee counsel, 
may tend to affect adversely his reputation, may request to 
appear personally before the Committee to testify on his own 
behalf, or may file a sworn statement of facts relevant to the 
testimony, evidence, or comment, or may submit to the Chairman 
proposed questions in writing for the cross-examination of 
other witnesses. The Committee shall take such action as it 
deems appropriate.
    6.10 Contempt Procedures.--No recommendations that a person 
be cited for contempt of Congress shall be forwarded to the 
Senate unless and until the Committee has, upon notice to all 
its members, met and considered the alleged contempt, afforded 
the person an opportunity to state in writing or in person why 
he should not be held in contempt, and agreed, by majority vote 
of the Committee to forward such recommendation to the Senate.
    6.11 Release of Name of Witness.--Unless authorized by the 
Chairman, the name of any witness scheduled to be heard by the 
Committee shall not be released prior to his appearance before 
the Committee.
    rule 7. procedures for handling classified or sensitive material
    7.1 Committee staff offices on the first floor of the 
Dirksen Office Building shall operate under strict security 
precautions. At least one security guard shall be on duty at 
all times by the entrance to control entry. All persons before 
entering the offices shall identify themselves. At least one 
additional security guard shall be posted at night for 
surveillance of the secure area where sensitive documents are 
kept.
    7.2 Sensitive or classified documents and material shall be 
segregated in a secure storage area. They may be examined only 
at secure reading facilities. Copying, duplicating, or removal 
from the Committee staff offices of such documents and other 
materials is prohibited except as is necessary for use in, or 
preparation for, interviews or Committee meetings, including 
the taking of testimony, and in conformity with Section 9.2 
hereof.
    7.3 Each member of the Committee shall at all times have 
access to all papers and other material received from any 
source. The Staff Director shall be responsible for the 
maintenance, under appropriate security procedures, of a 
registry which will number and identify all papers and other 
materials in the possession of the Committee, and such registry 
shall be available to any member of the Committee.
    7.4 Access to classified information supplied to the 
Committee shall be limited to the Staff Director, the Chief 
Counsel and the Coun[sel] to the Minority, and those staff 
members with appropriate security clearances and a need-to-
know.
    7.5 No testimony taken including the names of witnesses 
testifying or material presented at an Executive Session, or 
classified papers, and other materials received by the staff or 
its consultants while in the employ of the Committee shall be 
made public, in whole or in part or by way of summary, or 
disclosed to any person outside the Committee unless authorized 
by a majority vote of the entire Committee, or after the 
termination of the Committee, in such manner as may be 
determined by the Senate.
    7.6 Before the Committee is called upon to make any 
disposition with respect to the testimony, papers, or other 
materials presented to it, the Committee members shall have a 
reasonable opportunity to examine all pertinent testimony, 
papers and other materials that have been obtained by the 
Committee staff. No member shall release any such testimony, 
papers, or other materials, or any information contained in 
such testimony, papers, or other materials, to the public or 
any person outside the Committee unless authorized by a 
majority vote of the entire Committee, or after the termination 
of the Committee, in such manner as may be determined by the 
Senate.
               rule 8. preparation for committee meetings
    8.1 Under direction of the Chairman, the Staff Director, 
Chief Counsel, Counsel to the Minority, or other designated 
staff members shall brief members of the Committee at a time 
sufficiently prior to any Committee meeting in order to assist 
the Committee members in preparation for such meeting and to 
determine any matter which the Committee member might wish 
considered during the meeting. Such briefing shall include a 
list of all pertinent papers and other materials that have been 
obtained by the Committee that bear on matters to be considered 
at the meeting.
    8.2 The Staff Director, the Chief Counsel, and the Counsel 
to the Minority shall recommend to the Chairman and the Vice 
Chairman the testimony, papers, and other materials to be 
presented to the Committee at any meeting. The determination 
whether such testimony, papers, and other materials shall be 
presented in open or Executive session shall be made pursuant 
to the rules of the Senate.
                             rule 9. staff
    9.1 The appointment of all staff members and consultants 
shall be confirmed by a majority vote of the Committee. After 
confirmation, the Chairman shall certify staff appointments to 
the Financial Clerk of the Senate in writing.
    9.2 Except as otherwise provided by the Committee, the 
duties of staff and consultants shall be performed, and staff 
personnel affairs and day-to-day operations, including security 
and control of classified documents and material, shall be 
administered under the direct supervision and control of the 
Staff Director and the Chief Counsel. The Counsel for the 
Minority shall be kept fully informed regarding all matters and 
shall have access to all material in the files of the 
Committee.
    9.3 The staff of the Committee shall not discuss either the 
substance or procedure of the work of the Committee with anyone 
other than a member of the Committee or other Committee 
personnel. Upon termination of employment by the Committee, 
each member of the staff, or consultant, shall surrender all 
classified and other material relating to the work of the 
Committee which came into his possession while in the employ of 
the Committee.
    9.4 The employment of any member of the staff or consultant 
who fails to conform to any of these Rules shall be immediately 
terminated.
   rule 10. services, information, facilities, and personnel of the 
                        government; consultants
    The Chairman shall have the authority to utilize the 
services, information, facilities, and personnel of the 
departments and agencies of the government, and to procure the 
temporary or intermittent services of experts or consultants or 
organizations thereof to make studies or assist or advise the 
Committee with respect to any matter under investigation.
           rule 11. reporting of measures or recommendations
    11.1 No measure or recommendations shall be reported from 
the Committee unless a majority of the Committee is actually 
present and a majority of those present concur.
    11.2 In any case in which the Committee is unable to reach 
a unanimous decision, separate views or reports may be 
presented and printed by any member or members of the 
Committee.
    11.3 A member of the Committee who gives notice of his 
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 three calendar days in which 
to file such views, in writing, with the 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.
                       rule 12. changes in rules
    These Rules may be modified, amended, or repealed by the 
Committee, provided that a notice in writing of the proposed 
change has been given to each member at least 48 hours prior to 
the meeting at which action thereon is to be taken.
billy carter (1980)

special investigatory committees

    3. JUDICIARY SUBCOMMITTEE INVESTIGATING ACTIVITIES RELATING TO 
       INDIVIDUALS REPRESENTING INTERESTS OF FOREIGN GOVERNMENTS

                      [BILLY CARTER INVESTIGATION]
                    [126 Cong. Rec. 19544-46 (1980)]

    Mr. ROBERT C. BYRD. Mr. President, meetings have occurred 
on yesterday and today with the distinguished minority leader, 
the distinguished minority whip, Senators Thurmond and Dole 
from the minority, the distinguished majority whip, Senator 
Bayh, Senator Ribicoff, Senator Baucus, Senator Pell, and 
myself, in my office to discuss the investigation of activities 
relating to individuals representing the interests of foreign 
governments.
    Several discussions took place and the following unanimous-
consent request represents the unanimous agreement that was 
reached after those discussions terminated in the final meeting 
earlier today.
    The distinguished minority leader is here to speak for 
himself. I am sure that he discussed with other Senators on his 
side of the aisle the understanding that was reached, and I 
have done the same on my side of the aisle.
    Mr. President, I ask unanimous consent that a committee of 
the Judiciary Committee, consisting of four Democrats and three 
Republicans, to be selected by the acting chairman (Mr. Bayh), 
who has been designated acting chairman by the chairman of the 
Judiciary Committee (Mr. Kennedy), and ranking member of the 
Judiciary Committee, be established immediately for the purpose 
of conducting an investigation of activities relating to 
individuals representing the interests of foreign governments, 
which subcommittee shall submit to the Senate not later than 
October 4, 1980, a final or interim report.
    Provided further, that two members of the Foreign Relations 
Committee, one each to be designated by the majority and 
minority leaders, shall serve as members of the aforementioned 
subcommittee, with the same powers, authority, and prerogatives 
of all other members of that subcommittee;
    Provided further, that service on this subcommittee shall 
not be considered a violation of Senate rule XXV, subsections 
4(b)(1) and 4(e)(2);
    Provided further, that subpenas shall be issued by the 
subcommittee upon the cosignature of its chairman and vice 
chairman, or upon the signature of either of them at the 
direction of the subcommittee;
    Provided further, that the Senate legal counsel and deputy 
counsel be authorized and directed to work with and under the 
jurisdiction and authority of the subcommittee chairman and 
ranking member;
    Provided further, that the extent and scope of the 
investigation shall be determined by the subcommittee.
    Mr. BAKER. Mr. President, reserving the right to object, 
and I will not object.
    The PRESIDING OFFICER. The Senator from Tennessee.
    Mr. BAKER. Mr. President, the majority leader, of course, 
correctly describes the negotiations that have been undertaken 
in the course of the last 2 days and which culminated in the 
meeting conducted an hour or so ago in his office.
    Mr. President, I wish to join with the majority leader in 
asking unanimous consent for the action directed in this 
request.
    Mr. President, further on reservation, I would like to 
thank the majority leader for his time and patience and his 
consideration of the elements of this agreement, which were 
deemed to be especially significant to those of us in the 
minority who were concerned with the quality of the 
investigation that is about to occur.
    I personally had hoped for and would have preferred a 
select committee, a select committee appointed by the majority 
and minority leaders, comprised of equal representation of both 
parties, and drawn from the Senate as a whole.
    But I recognize the circumstances that have suggested this 
arrangement and I believe this is the best arrangement that can 
be achieved at this time. I fully support it.
    It should be noted, Mr. President, as I have noted in 
previous meetings leading to this point, that nothing in this 
resolution deprives me, or any other Member of the Senate, from 
later introducing a resolution calling for the creation of a 
select committee, nor does it abrogate nor supersede the 
jurisdictional responsibility or opportunity of any other 
committee. But this is a good beginning. This is a good way to 
commence.
    This, I believe, is a good faith effort by both sides to 
create a forum for a fair, depoliticized, impartial inquiry of 
the most sensitive nature into a matter of great importance to 
the Senate and to the country.
    Having arrived now at a satisfactory arrangement for that 
undertaking, I wish, on this reservation, to pledge to the 
majority leader, to the Senate, and to the country, there, so 
far as we are concerned on our side of the aisle, from this 
moment forward there will be no element of partisan politics 
involved; that this will be the most judicious, the fairest, 
the most impartial inquiry that is possible. We recognize and 
acknowledge not only the sensitivity of this issue, but also 
our responsibility to the Senate and to the country, which far 
transcends any temporary political advantage.
    Mr. President, we recognize that the lives, the fortunes, 
and the good names of men and women are being dealt with in 
this inquiry, and we are sensitive to that requirement. We wish 
no one ill.
    Now, Mr. President, I thank the majority leader for his 
cooperation. I believe it is especially important that we 
broaden the inquiry to include representatives of the Foreign 
Relations Committee. If this unanimous-consent request is 
granted--and I hope it will be--I will designate one member 
from our side of the Foreign Relations Committee to 
participate.
    I am especially pleased that the senior Republican on this 
committee, who will be chosen from the Judiciary Committee, 
will be designated as the vice chairman. I believe it is 
important that we will have coauthority between the chairman 
and the vice chairman to issue subpenas. I approve of the 
provision which states that if the chairman and the vice 
chairman cannot agree on the issue of subpena, either of them 
may sign the subpena on order of the subcommittee itself.
    It is my understanding, although I do not see it in the 
request, that this subcommittee will make its report to the 
Senate. Maybe I overlooked that.
    Mr. ROBERT C. BYRD. It is in there.
    Mr. BAKER. It will make its report to the Senate, which I 
believe is an important aspect.
    I am especially pleased that, on the suggestion of the 
majority leader, the Senate legal counsel and the deputy legal 
counsel will be involved in these proceedings. That is a good 
employment of their resources and talents.
    Altogether, Mr. President, I believe the Senate has acted 
wisely and well in a difficult and sensitive political 
situation, and I offer my congratulations to the majority 
leader for his efforts in this respect.
    The PRESIDING OFFICER. Is there objection? The Chair hears 
none, and it is so ordered.
    Mr. ROBERT C. BYRD. Mr. President, I thank the 
distinguished minority leader for his cooperation in arriving 
at the unanimous-consent agreement.
    I thank all the other Senators whose names I have mentioned 
previously and, of course, I thank those whose advice and 
concurrence were sought, but whose names I have not mentioned, 
for their cooperation.
    I also express my appreciation to the distinguished 
minority leader for the statement he has just made. I wish to 
say, on my own behalf, Mr. President, that this is a matter 
that is not going to go away. It is a matter that, in my 
judgment, requires the investigation which has been ordered by 
this consent agreement.
    I believe that the Judiciary Committee, having primary 
jurisdiction over the matter, and certainly jurisdiction over 
any criminal activities that may have occurred, is the 
appropriate committee to conduct the investigation, with the 
added proviso that the Foreign Relations Committee, which has 
jurisdiction over the Foreign Relations Committee, which has 
jurisdiction over the Foreign Agents Registration Act, is 
appropriately represented by the unanimous-consent agreement.
    I have every confidence that the acting chairman of the 
Judiciary Committee, Mr. Bayh, who has been asked by me to 
serve as chairman of the subcommittee, and the Democrats whom 
he will select from that committee, as well as the ranking 
member, Mr. Thurmond, and the Republican members whom he will 
select, and the two members of the Foreign Relations Committee 
who will be selected by Mr. Baker and me, will discharge their 
duties in a responsible, honorable, admirable, and dutiful way.
    It will be the responsibility of this subcommittee to act 
fairly and to act thoroughly and to follow leads wherever they 
may go. I have every confidence that they will be able to do 
that.
    I appreciate the statement of the distinguished minority 
leader--if I did not misunderstand him--that this will not be a 
partisan matter, and I agree that it should not be a partisan 
matter. I am just as concerned about this matter as is any 
other Member of the Senate, on either side of the aisle, and 
just as concerned that there be an investigation; that it be 
fair; that it be thorough; that it be impartial, and that it be 
conducted on a nonpartisan basis rather than on a partisan 
basis.
    As the distinguished minority leader has said, there are 
people whose names, whose reputations, whose lives, and whose 
honor may be involved. So I feel it the duty of the Senate to 
proceed forthwith.
    I can understand the preference of the majority leader for 
a select committee; but, as he has indicated, I believe there 
are circumstances which, in my judgment, dictate that the 
procedure that has been agreed upon is the better one under the 
circumstances.
    The Judiciary Committee is staffed and has the authority to 
employ additional staff. The Senate legal counsel, who I 
appointed, and the Senate deputy legal counsel, who was 
appointed by Mr. Baker, both of whom received the formal 
approval of the Senate, are very able men and are being 
authorized and directed by the agreement to assist the chairman 
and the ranking member of the subcommittee which is being 
created by the consent agreement. This will enable the 
investigation to proceed immediately. There should be no delay.
    I believe that the agreement that was reached with respect 
to the issuance of subpenas gives to both the majority and the 
minority the right to subpena witnesses, but with the 
cosignature each of the other. I feel that, in all respects, 
this is a very appropriate way to proceed.
    It has been required that the subcommittee report to the 
Senate, and that is very appropriate; that at least an interim 
report be submitted by October 4, which will be either the sine 
die adjournment of the Senate or will be adjournment of the 
Senate over until after the election.
    Having said that, Mr. President, I again feel indebted to 
the minority leader and the Members on his side of the aisle, 
to my own Members, especially Mr. Bayh, who will be taking on 
this onerous task, and to the others whose names were 
mentioned.
    I think that about does it.
    Mr. BAYH. Mr. President, I think the Senate owes the 
distinguished majority leader a debt of gratitude for the time 
and effort he expended in putting together the framework on 
which the special subcommittee of the Judicial Committee will 
undertake this very important task.
    I express my deep appreciation to him for the tremendous 
role he played in this.
    I think we also owe to the minority leader a debt of 
gratitude because he was willing to display a significant 
willingness of give and take that was necessary to put this 
together in a harmonious fashion.
    This is a thankless task. It is an important task. It is 
one that I trust the subcommittee will in fact exercise in a 
manner in which the entire Senate can take some degree of 
pride.
    We want this committee to act expeditiously, thoroughly, 
and fairly, and we shall endeavor to do just that.
    Again, I am indebted to the distinguished majority leader 
for the critical catalytic role he played in putting this 
together in a way that I think the hearings that are conducted 
by this committee will as much as is humanly possible search 
the truth and follow the tracks of these activities wherever 
they may lead and let the chips fall where they may.
    I am confident that the Senator from South Carolina and I 
will be able to structure a committee in such a way that we 
will put on our quasi-judicial robes and we will take off the 
partisan remnants that occasionally adorn us every 2 years or 4 
years and pursue truth. We will avoid the temptation to resort 
to witch hunting or playing petty expedient politics.
    Let us see what the facts are and then the Senate itself, 
the Government of this country and more importantly, the people 
of this country can decide for themselves what the proper 
course of action should be.
    Mr. ROBERT C. BYRD. Mr. President, I thank the 
distinguished Senator from Indiana (Mr. Bayh) and again I say 
that I have asked him to serve as chairman of the subcommittee 
and I have done it with the utmost confidence in his integrity 
and dedication to purpose.
    Mr. THURMOND. Mr. President, I wish to commend the able 
majority leader and the able minority leader in reaching 
agreement as to the membership to be composed of this 
Subcommittee on Investigation.
    It was suggested that we have a select committee of the 
Senate. I, like the distinguished minority leader, would have 
preferred that. But since that was not the decision, as the 
ranking member of the Judiciary Committee, who I presume now 
will be the vice chairman of this subcommittee, I just wish to 
say that it shall certainly be my intention to see that this 
investigation is conducted in a fair, impartial, and honest 
manner.
    No investigation is worth anything unless it is conducted 
in such a manner. We are not entering upon this investigation 
as partisans. We are not entering upon this investigation as 
Democrats or Republicans. We shall enter upon this 
investigation with one purpose in mind, and that is to seek the 
truth.
    We shall go after the facts, regardless of where they lead 
to, regardless of who it affects. It may affect individuals. It 
may affect people in the Government. Or it may affect other 
individuals in one way or another.
    But this investigation from the standpoint of the vice 
chairman will certainly be conducted in a way that we hope will 
meet the approval of the American people and to do that it must 
be done in a fair, just, impartial, and honest manner.
    Mr. BAUCUS. Mr. President, I know it is customary during 
these moments when the Senate is embarking upon an 
investigation to praise the participants who were part of 
putting the endeavor together. But I wish to say that I, as one 
who somewhat participated, probably more observed these 
deliberations in the last 24 hours, was very impressed with the 
fact that we are starting off with the right foot. The right 
tone is being set.
    No one knows precisely where this investigation is going to 
go. No one knows precisely what evidence will be uncovered, and 
no one knows probably in any way where this investigation will 
lead.
    But I must say I am very impressed and very proud that the 
participants, particularly the minority leader and the majority 
leader, started off on the right foot with the right tone in 
the spirit of bipartisanship.
    There were times when the negotiations almost broke down. 
There were times when emotions perhaps got a little higher than 
they ordinarily are. But with perseverance in the effort and 
more important, in my judgment, because the majority leader and 
minority leader and those who participated above all wanted the 
investigation to proceed properly, we overcame those 
differences as small as they might be and in the end we reached 
agreement as to how we might proceed.
    Mr. President, I must say that I think that speaks well not 
only for our institution, our body--and I commend the minority 
leader and majority leader very highly--but it also speaks well 
for the professional manner in which this investigation will be 
undertaken.


                                 of the



                      [BILLY CARTER INVESTIGATION]
                    [126 Cong. Rec. 21931-32 (1980)]
    Rule 1. Convening of Meetings:
    1.1 The subcommittee may schedule a regular day and hour 
for the subcommittee to meet.
    1.2 The Chairman shall have authority, upon proper notice, 
to call such additional meetings of the subcommittee as he may 
deem necessary and may delegate such authority to any other 
member of the subcommittee.
    1.3 A special meeting of the subcommittee may be called at 
any time upon the written request of six or more members of the 
subcommittee filed with the clerk of the subcommittee.
    1.4 In the case of any meeting of the subcommittee, other 
than a regularly scheduled meeting, the clerk of the 
subcommittee shall notify every member of the subcommittee of 
the time and place of the meeting and shall give reasonable 
notice which, except in extraordinary circumstances, shall be 
at least 24 hours in advance of any meeting held in Washington, 
DC, and at least 48 hours in the case of any meeting held 
outside Washington, DC.
    1.5 If six or more members of the subcommittee have made a 
request in writing to the Chairman to call a meeting of the 
subcommittee, and the Chairman fails to call such a meeting 
within seven calendar days thereafter, including the day on 
which the written notice is submitted, such members may call a 
meeting by filing a written notice with the clerk of the 
subcommittee who shall promptly notify each member of the 
subcommittee in writing of the date and time of the meeting.
    Rule 2. Meeting Procedures:
    2.1 Meetings of the subcommittee shall be open to the 
public, except when otherwise directed by the Chairman or 
majority vote of the members present.
    2.2 It shall be the duty of a staff officer designated by 
the Chairman to keep or cause to be kept a record of all 
subcommittee proceedings.
    2.3 The Chairman of the subcommittee shall preside over all 
meetings of the subcommittee. In the absence of the Chairman, 
the Vice Chairman shall preside.
    2.4 Except as otherwise provided in these Rules, decisions 
of the subcommittee shall be by majority vote of the members 
present and voting. A quorum for the transaction of 
subcommittee business, including the conduct of Executive 
sessions, shall consist of five subcommittee members except 
that, for the purpose of hearing witnesses, taking sworn 
testimony, and receiving documentary or physical evidence, a 
quorum shall consist of one Senator.
    Rule 3. Broadcasting, Television, and Photography:
    Any Committee meeting which is open to the public may, 
subject to Rule 5.8, be covered, in whole or in part, by 
television, radio, still photography, or other media coverage, 
if the Chairman authorizes such coverage. When coverage by any 
such media is authorized it must be conducted in an orderly and 
unobtrusive manner, and the Chairman may for good cause 
terminate such media coverage in whole or in part, or take such 
other action as the circumstances may warrant.
    Rule 4. Subpoenas:
    4.1 Subpoenas for attendance of witnesses or the production 
of memoranda, documents, records, or any other material, and 
orders for the inspection of locations and systems of records, 
shall be authorized by the subcommittee or by the Chairman and 
Vice Chairman. When authorized by the subcommittee, subpoenas 
may be issued upon the signature of either the Chairman or the 
Vice Chairman, or by a member designated by the subcommittee. 
When authorized by the Chairman and Vice Chairman, subpoenas 
shall be issued upon both their signatures and thereupon each 
member shall be notified.
    4.2 A subpoena duces tecum may be issued whose return shall 
occur at a time and place other than that of a regularly 
scheduled meeting. Upon the return of such a subpoena, any 
member, on two hours' telephonic notice [to] all other 
subcommittee members, may convene a meeting for the sole 
purpose of elucidating further information about the return on 
the subpoena and deciding any objections to the subpoena.
    Rule 5. Taking of Testimony at Hearings:
    5.1 Witnesses required to appear before the subcommittee 
shall be given, absent extraordinary circumstances, at least 
forty-eight hours' notice and all witnesses shall be furnished 
with a copy of these rules.
    5.2 All witnesses at public or executive hearings who 
testify to matters of fact shall be sworn, unless a majority of 
members of the subcommittee provide otherwise.
    5.3 Subcommittee interrogation shall be conducted by 
members of the subcommittee and by such staff personnel as are 
authorized by the presiding member.
    5.4 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 he is testifying, of his legal 
rights; provided, however, that in the case of any witness who 
is a government officer or employee, or officer or employee of 
a corporation or association, the presiding member may rule 
that selection of counsel from the government or the 
corporation or association, creates a conflict of interest, and 
that the witness shall be represented by personal counsel not 
from the government or corporation or association.
    5.5 A witness who is unable to obtain counsel may inform 
the subcommittee of such fact, and if, consistent with the 
notice given under section 5.1 hereof the subcommittee is so 
informed at least 24 hours prior to the witness's appearance, 
the subcommittee shall then endeavor to obtain voluntary 
counsel for the witness. Such counsel shall be subject solely 
to the control of the witness and not the subcommittee. Failure 
to obtain counsel will not excuse the witness from appearing 
and testifying.
    5.6 Counsel shall conduct themselves in an ethical and 
professional manner. Failure to do so shall, upon a finding to 
that effect by a majority of the members present, subject such 
counsel to disciplinary action, which may include warning, 
censure, or removal and if counsel is removed, the provisions 
of Rule 5.5 hereof for a witness who is unable to obtain 
counsel shall apply.
    5.7 Any witness desiring to make an introductory statement 
in executive or public hearings shall file a copy of such 
statement with the Chairman or clerk of the subcommittee 48 
hours in advance of the hearings at which the statement is to 
be presented unless the presiding member waive[s] this 
requirement. The subcommittee shall determine whether such 
statement may be read or placed in the record of the hearing.
    5.8 A witness may request, on grounds of distraction, 
harassment, personal safety, or physical discomfort, that 
during his testimony, television, motion picture, and other 
cameras and lights shall not be directed at him. Such requests 
shall be ruled on by the subcommittee members present at the 
hearing.
    5.9 An accurate stenographic record shall be kept of the 
testimony of all witnesses in executive and public hearings. 
The record of his own testimony whether in public or executive 
session shall be made available for inspection by witness or 
his 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 
made available to any witness at his expense if he so requests.
    5.10 Any person who is the subject of an investigation in 
public hearings may submit to the Chairman of the subcommittee 
questions in writing for the cross-examination of [any] other 
witness 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 Chairman, by a member of the 
subcommittee, or by staff of the subcommittee.
    5.11 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 staff, tends to defame him or 
otherwise adversely affect his reputation, may (a) request to 
appear personally before the subcommittee to testify in his own 
behalf, 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 Chairman of the subcommittee or its counsel in writing 
on or before fifteen 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 Chairman and the Vice Chairman waive 
this requirement.
    If a person requests the filing of his 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 
subcommittee and to testify concerning the matters contained in 
his sworn statement, as well as any other matters related to 
the subject of the investigation before the subcommittee.
    Rule 6. Depositions on Notice:
    6.1 Notices for the taking of depositions shall be 
authorized by the Chairman and the Vice Chairman or by a staff 
officer designated by them. Such notices shall specify a time 
and place for examination, and may specify that the examination 
shall be in private.
    6.2 The subcommittee shall not initiate procedures leading 
to criminal or civil enforcement proceedings in the event a 
witness fails to appear at a deposition unless the deposition 
notice was accompanied by a subcommittee subpoena.
    6.3 Witnesses may be accompanied at a deposition by counsel 
to advise them of their rights, subject to the provisions of 
Rules 5.4, 5.5, and 5.6 hereof.
    6.4 Witnesses shall be examined upon an oath administered 
by an individual authorized by local law to administer oaths. 
Questions shall be propounded orally by committee 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 
committee 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 a member of the 
subcommittee. If the member overrules the objection, he may 
refer the matter to the subcommittee or he 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 he has 
been ordered and directed to answer by a member of the 
subcommittee.
    6.5 The committee staff shall see that the testimony is 
either transcribed or electronically recorded, or both. If a 
witness's testimony is transcribed, he shall be furnished with 
a copy of it for review. No later than five days thereafter, 
the staff shall enter the changes, if any, requested by the 
witness, with a statement of the witness's reasons for the 
changes, and the witness shall sign the transcript. The 
individual administering the oath shall then certify on the 
transcript that the witness was duly sworn in his presence, the 
transcriber shall certify that the transcript is a true record 
of the testimony, and the transcript shall then be filed, 
together with any electronic record, with the clerk of the 
subcommittee.
    Rule 7. Examinations on Commission:
    7.1 Commissions for the examination of witnesses shall be 
authorized and issued by the Chairman. Such commissions shall 
name a commissioner, who shall be authorized to appoint a time 
and place for examination, and to determine whether the 
examination shall be in public or in private.
    7.2 The subcommittee shall not initiate procedures leading 
to criminal or civil enforcement proceedings in the event a 
witness fails to appear at an examination on commission unless 
the witness has received a subcommittee subpoena. The 
commission may name the witness or witnesses to be examined, or 
if the witnesses cannot be determined at the time of issuance 
of the commission, it may authorize the commissioner to name 
subsequently the witness or witnesses to be examined. In the 
event that such a commission is issued with witnesses to be 
named subsequently, the commissioner may be issued properly 
authorized subpoenas without witnesses' names. The commissioner 
will subsequently insert the names upon receiving telephonic 
authorization from the Chairman and Vice Chairman or members 
designated by them to insert the names and serve the subpoenas.
    7.3 Witnesses may be accompanied at an examination upon 
commission by counsel to advise them of their rights, subject 
to the provisions of Rules 5.4, 5.5, and 5.6 hereof.
    7.4 Witnesses shall be examined upon an oath administered 
by an individual authorized by local law to administer oaths. 
Questions shall be propounded orally by the commissioner or by 
committee 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, the provisions of Rule 
6.4 hereof shall apply.
    7.5 The commissioner shall see that the testimony is 
transcribed or electronically recorded, or both, and then 
reviewed, subscribed, certified, and filed, as provided by Rule 
6.5 hereof.
    Rule 8. Procedures for Handling of Classified or Sensitive 
Materials:
    8.1 Subcommittee staff offices shall operate under strict 
security precautions. The Chairman shall request the Staff 
Director of the Select Senate Committee on Intelligence and the 
Senate Sergeant at Arms to provide assistance necessary to 
insure strict security.
    8.2 Sensitive or classified documents and materials shall 
be segregated in a secure storage area. They may be examined 
only at secure reading facilities. Copying, duplicating, or 
removal from the subcommittee staff offices of such documents 
and other materials is prohibited except as is necessary for 
use in, or preparation for, interviews or subcommittee 
meetings, including the taking of testimony at hearings, 
examinations, and depositions.
    8.3 The members of the Subcommittee shall at all times have 
access to all papers and other material received from any 
source subject to the security provisions of S. Res. 400. The 
Chairman shall designate a staff officer responsible for the 
maintenance, under appropriate security procedures, of a 
registry which will number and identify all classified or 
sensitive papers and other materials in the possession if the 
subcommittee, and such registry shall be available to any 
member of the subcommittee.
    8.4 Access to categories of classified information supplied 
to the subcommittee shall be limited to members, and to staff 
members with a need-to-know, designated by the Chairman and 
Vice Chairman.
    8.5 No testimony taken including the names of witnesses 
testifying, or material presented at an executive session, or 
classified papers and other materials received by the staff or 
its consultants while in the employ of the committee shall be 
made public, in whole or in part or by way of summary, or 
disclosed to any person outside the committee unless authorized 
by a majority vote of the entire subcommittee, or after the 
termination of the subcommittee, in such manner as may be 
determined by the Senate.
    Rule 9. Staff:
    9.1 For purposes of interrogation of witnesses and security 
of information, under Rules 5, 6, 7, 8 and 9 officers and 
employees of the Office of Senate Legal Counsel shall be deemed 
subcommittee staff.
    9.2 The staff of the subcommittee shall not discuss either 
the substance or procedure of the work of the subcommittee with 
anyone other than a member of the subcommittee or other 
subcommittee personnel. Upon termination of employment by the 
subcommittee, each member of the staff, or consultant, shall 
surrender all classified and other material relating to the 
work of the subcommittee which came into his possession while 
in the employ of the subcommittee.
    9.3 The employment of any member of the staff or consultant 
who fails to conform to any of these Rules shall be immediately 
terminated. In the event of a serious unjustified release of 
information obstructing the progress of the investigation the 
subcommittee may vote to refer the matter to the Department of 
Justice.
    Rule 10. Detailees and Consultants:
    10.1 The Chairman shall have the authority to utilize the 
services, information, facilities, and personnel of the 
departments and agencies of the government.
    10.2 The Chairman shall have the authority to procure the 
temporary or intermittent services of experts or consultants or 
organizations thereof to make studies or assist or advise the 
subcommittee with respect to any matter under investigation. 
Government personnel detailed to the subcommittee, and 
consultants, may be deemed subcommittee staff for purposes of 
Rules 5, 6, 7, 8 and 9 if the Chairman so designates in 
writing.
    Rule 11. Changes in Rules:
    These Rules may be modified, amended, or repealed by the 
subcommittee, provided that a notice in writing of the proposed 
changes has been given to each member at least 48 hours prior 
to the meeting at which action thereon is to be taken. The 
changes shall become effective immediately upon publication of 
the changed rule or rules in the Congressional Record.



                     S. Res. 495, 96th Cong. (1980)
                    [126 Cong. Rec. 21002-03 (1980)]
    Whereas, by Order of July 24, 1980, the Senate established 
a subcommittee of the Committee on the Judiciary to investigate 
activities relating to individuals representing the interests 
of foreign governments;
    Whereas, for the expeditious conduct of the subcommittee 
investigation it is necessary that its staff members examine 
witnesses under oath and gather evidence;
    Whereas, under 5 U.S.C. Sec. 2903(c)(2), an oath authorized 
under the laws of the United States may be administered by an 
individual authorized by local law to administer oaths in the 
State, District, or territory or possession of the United 
States where the oath is administered: Now, therefore, be it
    Resolved, That the subcommittee of the Committee on the 
Judiciary to investigate activities relating to individuals 
representing the interests of foreign governments be authorized 
to issue commissions and to notice depositions for staff 
members to examine witnesses and to receive evidence under oath 
administered by an individual authorized by local law to 
administer oaths. Employees of the Office of Senate Legal 
Counsel shall be deemed staff members for purposes of this 
resolution.
    Sec. 2. The subcommittee shall have authority to place in 
the record of its public or executive sessions sworn testimony 
and evidence obtained at examinations and depositions, but 
testimony and evidence so obtained shall be deemed to have been 
taken before the subcommittee once filed with the clerk of the 
subcommittee, whether or not placed in the subcommittee record.
    Sec. 3. Subpoenas for staff examinations and depositions 
may be issued under the authority granted by Order of July 24, 
1980, or under any other relevant authority. This resolution 
shall supplement without limiting in any way the existing 
authority of Senate committees and subcommittees to conduct 
examinations and depositions.
    Sec. 4. The subcommittee may delegate to the Chairman and 
Vice Chairman, or to staff officers designated in writing by 
the Chairman and Vice Chairman, power to authorize and issue 
deposition notices, and may determine by subcommittee rule the 
procedures for conducting examinations and depositions. 
Subcommittee rules of procedure shall be effective immediately 
upon adoption by a majority of the subcommittee and a 
publication in the Congressional Record, notwithstanding any 
other provision of law.
abscam (1982-83)

special investigatory committees

 4. SELECT COMMITTEE TO STUDY LAW ENFORCEMENT UNDERCOVER ACTIVITIES OF 
                COMPONENTS OF THE DEPARTMENT OF JUSTICE

                         [ABSCAM INVESTIGATION]

                     S. Res. 350, 97th Cong. (1982)
                    [128 Cong. Rec. 5518-19 (1982)]
    Whereas, law enforcement undercover activities by 
components of the Department of Justice may fulfill a useful 
and beneficial purpose in the investigation and prosecution of 
crimes against the United States;
    Whereas, allegations have been raised of improprieties in 
the formulation and conduct of the so-called Abscam undercover 
operation by components of the Department of Justice;
    Whereas, these allegations specifically include the 
allegation that in the Abscam operation attempts were made to 
create improper conduct on the part of certain persons 
(including Members of Congress), including instances where no 
adequate basis may have existed for suspecting the person of 
prior improper activity or a predisposition to commit such 
activity;
    Whereas, these allegations respecting investigative 
techniques further include questions of possible prosecutorial 
misconduct in connection with the Abscam operation;
    Whereas, these allegations may further indicate a pattern 
of illegal or improper targeting and investigative techniques 
utilized by components of the Department of Justice in law 
enforcement undercover operations; and
    Whereas, a thorough and independent investigation by the 
Senate of the United States is necessary to determine the facts 
with respect to targeting and investigative techniques utilized 
in connection with law enforcement undercover operations 
carried out by components of the Department of Justice 
generally and in connection with the Abscam operation 
specifically; Now therefore be it
    Resolved, That it is the purpose of this resolution to 
establish a select committee of the Senate to conduct an 
investigation and study of the activities of components of the 
Department of Justice in connection with their law enforcement 
undercover operations or of any persons, acting individually or 
in combination with others, in connection with such operations, 
and to recommend such legislation as the committee deems 
necessary or desirable.
    Sec. 2. (a) There is hereby established a select committee 
of the Senate, which may be called, for convenience of 
expression, the Select Committee to Study Law Enforcement 
Undercover Activities of Components of the Department of 
Justice (hereinafter referred to as the ``select committee''), 
to conduct an investigation and study of activities of 
components of the Department of Justice in connection with 
their law enforcement undercover operations or of any persons 
acting individually or in combination with others, in 
connection with such operations, and to recommend such 
legislation as the select committee deems necessary or 
desirable.
    (b) The select committee shall consist of eight members of 
the Senate, four majority members of the Senate to be appointed 
by the President of the Senate upon the recommendation of the 
Majority Leader of the Senate, and four minority members of the 
Senate to be appointed by the President of the Senate upon the 
recommendation of the Minority Leader of the Senate. For the 
purposes of paragraph 4 of rule XXV of the Standing Rules of 
the Senate, service of a Senator as a member, chairman, or vice 
chairman of the select committee shall not be taken into 
account.
    (c) The majority members of the select committee shall 
select a vice chairman, and the minority members of the select 
committee shall select a vice chairman, and the select 
committee shall adopt rules and procedures, not inconsistent 
with the rules and procedures of the Senate, to govern its 
proceedings, and to provide for the security of records, 
documents, information and other materials in its custody and 
of its proceedings, and to prevent unauthorized disclosure of 
information and materials disclosed to it in the course of its 
investigation and study. The vice chairman shall not assume the 
functions of Acting Chairman in the absence of the Chairman, 
but shall preside over meetings of the select committee during 
the absence of the chairman, and shall discharge such other 
responsibilities as may be assigned to him by the select 
committee or the chairman. Vacancies in the membership of the 
select committee shall not affect the authority of the 
remaining members to execute the functions of the select 
committee and shall be filled in the same manner as original 
appointments to it are made.
    (d) A majority of the members of the select committee shall 
constitute a quorum for the transaction of business, but the 
select committee may affix a lesser number as a quorum for the 
purpose of taking testimony before the select committee.
    (e) In the event that a tie vote occurs, the pending matter 
then being voted upon shall be determined in accordance with 
the vote of the chairman.
    Sec. 3. The select committee is authorized and directed to 
do everything necessary or appropriate to conduct the 
investigation and study specified in subsection (a) of section 
2. Without restricting in any way the authority conferred upon 
the select committee by the preceding sentence, the Senate 
further expressly authorizes and directs the select committee 
to make a complete investigation and study of the activities of 
components of the Department of Justice or of any or all 
persons who may have information bearing upon the jurisdiction 
of the select committee, with respect to the following matters:
    (1) The alleged targeting by any component of the 
Department of Justice of particular individuals for law 
enforcement undercover activities without justification.
    (2) The origin and initiation of such law enforcement 
undercover activities, including the standards applied in 
determining whether and with respect to whom such activities 
should be employed.
    (3) Continuation or modification of previously initiated 
law enforcement undercover activities, including the standards 
applied in determining whether any such ongoing activities 
should be employed with respect to additional individuals.
    (4) The standards for termination of such law enforcement 
undercover activities.
    (5) The techniques employed in the course of such law 
enforcement undercover activities, including the standards 
applied in determining which techniques should be employed.
    (6) The management, supervision, and direction of such law 
enforcement undercover activities and the decision-making 
process with respect thereto.
    (7) The management, direction, supervision, and control of 
undercover agents employees and informants in such law 
enforcement undercover activities.
    (8) The coordination between or among components of the 
Department of Justice in connection with such law enforcement 
undercover activities.
    (9) The activities and responsibilities of prosecutors in 
connection with the investigation and prosecution of cases 
arising out of such law enforcement undercover activities.
    (10) The effectiveness of, and need for further, Executive 
Branch guidelines in connection with such law enforcement 
undercover activities.
    (11) The need for specific legislation to govern such law 
enforcement undercover activities.
    (12) The possible violation of any state or United States 
statute or constitutional provision, or the possible violation 
of any rule or regulation by any component of the Department of 
Justice, in connection with such law enforcement undercover 
activities, and the extent to which innocent persons may have 
been harmed by such possible violations.
    (13) The need for improved oversight by the Executive 
Branch and the Congress of such law enforcement undercover 
activities.
    (14) The issue of whether the existing laws of the United 
States are adequate, either in their provisions or manner of 
enforcement, to safeguard the rights of American citizens, to 
accomplish appropriate Executive Branch and Legislative Branch 
control of such law enforcement undercover activities, and to 
give appropriate authorization for components of the Department 
of Justice to engage in law enforcement undercover activities.
    (15) The effectiveness of, and need for further Executive 
Branch procedures to investigate allegations made concerning 
illegal, improper or unethical conduct in connection with such 
law enforcement undercover activities.
    (16) Such other related matters as the select committee 
deems necessary in order to carry out its responsibilities 
under Section 2.
    Sec. 4. (a) To enable the select committee to conduct 
investigations and studies into any matter within its 
jurisdiction, the Senate hereby empowers the select committee 
as an agency of the Senate (1) to employ and fix the 
compensation of such clerical, investigatory, legal, technical, 
and other assistants as it deems necessary or appropriate, but 
it may not exceed the normal Senate salary schedules; (2) to 
sit and act at any time or place during sessions, recesses, and 
adjournment periods of the Senate; (3) to hold hearings for 
taking testimony on oath or to receive documentary or physical 
evidence relating to the matters and questions it is authorized 
to investigate or study; (4) to require by subpena or otherwise 
the attendance as witnesses before the select committee or at 
depositions of any persons who may have knowledge or 
information concerning any of the matters the select committee 
is authorized to investigate and study; (5) to require by 
subpena or order any department, agency, officer, or employee 
of the Executive Branch of the United States Government, or any 
person, firm, corporation, or entity to produce for its 
consideration or for use as evidence in the Select Committee's 
investigation and study any books, checks, canceled checks, 
correspondence, communications, documents, papers, physical 
evidence, records, recordings, tapes, or materials relating to 
any of the matters it is authorized to investigate and study 
which they or any of them may have in their custody or under 
their control; (6) to make to the Senate any recommendations 
the Select Committee deems appropriate with respect to the 
failure or refusal of any person to answer questions or give 
testimony before it or in a deposition or with respect to the 
failure or refusal of any officer or employee of the Executive 
Branch of the United States Government or any person, firm, 
corporation, or entity, to produce before the select committee 
any books, checks, canceled checks, correspondence, 
communications, documents, financial records, papers, physical 
evidence, records, recordings, tapes, or materials in obedience 
to any subpena or order; (7) to take depositions and other 
testimony under oaths administered by a member or a person 
otherwise authorized by law to administer oaths; (8) to procure 
the temporary or intermittent services of individual 
consultants, or organizations thereof, in the same manner and 
under the same conditions as a standing committee of the Senate 
may procure such services under section 202(i) of the 
Legislative Reorganization Act of 1946; (9) to use on a 
reimbursable basis, with the prior consent of the Committee on 
Rules and Administration, the services of personnel of any 
department or agency of the United States; (10) to use on a 
reimbursable basis or otherwise, with the prior consent of the 
chairman of any committees or of any subcommittee of any 
committee of the Senate, facilities or services of any members 
of the staffs of such other Senate committee or subcommittees, 
whenever the select committee or its chairman deems that such 
action is necessary or appropriate to enable the select 
committee to conduct the investigation and study authorized and 
directed by the resolution; (11) to have direct access through 
the agency of its members or staff, when and as designated by 
the select committee, to any data, evidence, information, 
report, analysis, or document or paper, relating to any of the 
matters or questions which it is authorized and directed to 
investigate and study which is in the custody or under the 
control of any department, agency, officer, or employee of the 
Executive Branch of the United States Government, without 
regard to the jurisdiction or authority of any other Senate 
committee, and which will aid the select committee to prepare 
for or conduct the investigation and study authorized and 
directed by the resolution, and (12) to expend to the extent it 
determines necessary or appropriate any moneys made available 
to it by the Senate to perform the duties and exercise the 
powers conferred upon it by this resolution and to conduct the 
investigation and study authorized and directed by this 
resolution to conduct.
    (b) Subpoenas may be authorized and issued by the select 
committee acting through the chairman or any other member 
designated by him; and may be served by any persons designated 
by such chairman or other member anywhere within the borders of 
the United States. The chairman of the select committee, or any 
other member thereof, is hereby authorized to administer oaths 
to any witnesses appearing before the committee.
    (c) In preparing for or conducting the investigation and 
study authorized and directed by this resolution, the select 
committee shall be empowered to exercise the powers conferred 
upon committees of the Senate by section 6002 of title 18, 
United States Code, or any other Act of Congress regulating the 
granting of immunity to witnesses.
    (d) To assist the select committee in its investigation and 
study, the Senate legal counsel and deputy counsel are 
authorized and directed to work with and under the jurisdiction 
and authority of the select committee chairman and vice 
chairman.
    (e) To assist the select committee in its investigation and 
study, the chairman shall appoint a committee chief counsel and 
the vice chairman shall appoint a committee deputy chief 
counsel. All clerical, investigatory, legal, technical, and 
other personnel who assist the select committee in its 
investigation and study shall provide such assistance pursuant 
to the direction and control of the committee chief counsel and 
the committee deputy chief counsel.
    Sec. 5. The select committee shall have authority to 
recommend the enactment of any new legislation or the amendment 
of any existing statute which it considers necessary or 
desirable in accordance with its findings.
    Sec. 6. The select committee shall make a final report of 
the results of the investigation and study conducted by it 
pursuant to this resolution, together with its findings and its 
recommendations as to new congressional legislation or any 
administrative or other action it deems necessary or desirable, 
to the Senate at the earliest practicable date, but no later 
than December 15, 1982. The select committee may also submit to 
the Senate such interim reports as it considers appropriate. 
After submission of its final report, the select committee 
shall have until January 15, 1983, to close its affairs, and on 
such date shall cease to exist.
    Sec. 7. The expenses of the select committee through 
December 15, 1982, shall not exceed $250,000. Such expenses 
shall be paid from the contingent fund of the Senate upon 
vouchers approved by the chairman of the select committee.


                    [128 Cong. Rec. 6992-93 (1982)]
               rule 1. convening of meetings and hearings
    1.1 Meetings. The committee shall hold its regular meetings 
every Wednesday when the Senate is in session. The chairman may 
call additional meetings or cancel regular meetings. The 
members of the committee may call special meetings as provided 
in Senate Rule XXVI(3).
    1.2 Notice. The committee shall make public announcement of 
the date, place, and subject matter of any hearing at least one 
week before its commencement. A hearing may be called on 
shortened notice if the chairman, with the concurrence of the 
vice chairman, determines that there is good cause to begin 
such hearing at an earlier date.
    1.3 Presiding officer. The chairman shall preside when 
present. If the chairman is not present at any meeting or 
hearing, the vice chairman shall preside. The chairman may 
designate any member of the committee to preside over the 
conduct of a meeting or hearing in the absence of the chairman 
or vice chairman.
           rule 2. closed sessions and confidential materials
    2.1 Procedure. All meetings and hearings shall be open to 
the public unless closed. To close a meeting or hearing or 
portion thereof, a motion shall be made and seconded to go into 
closed session to discuss whether the meeting or hearing will 
concern the matters enumerated in Rule 2.3. Immediately after 
such discussion the committee shall return to open session and 
the meeting or hearing may then be closed by a record vote, 
including proxy votes, in open session of a majority of the 
members of the committee.
    2.2 Witness request. Any witness called for a hearing may 
submit a written request to the chairman no later than twenty-
four hours in advance for his examination to be in closed or 
open session. The chairman shall inform the committee of any 
such request, and the committee shall take such action pursuant 
to Rule 2.1 as it deems appropriate.
    2.3 Closed session subjects. A meeting or hearing or 
portion thereof may be closed if the matters to be discussed 
concern: (1) national security; (2) committee staff personnel 
or internal staff management or procedure; (3) matters tending 
to reflect adversely on the character or reputation or to 
invade the privacy of any individuals; (4) matters which will 
disclose the identity of any informer or undercover 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; or (5) other matters enumerated in Senate Rule 
XXVI(5)(b).
    2.4 Broadcasting.
    (a) Control. Any meeting or hearing open to the public may 
be covered by television, radio, or still photography. Such 
coverage must be conducted in an orderly and unobtrusive 
manner, and the presiding officer may for good cause terminate 
such coverage in whole or in part, or take such other action to 
control it as the circumstances may warrant.
    (b) Request. A witness may request of the presiding officer 
on grounds of distraction, harassment, personal safety, or 
physical discomfort, that during his testimony cameras, media 
microphones, and lights shall not be directed at him, and the 
presiding officer may take such action as he deems appropriate 
in response to the request.
                       rule 3. quorums and voting
    3.1 Reporting. Five members shall constitute a quorum for 
reporting a matter or recommendation to the Senate. A quorum 
must be physically present at the time of the final vote on 
reporting.
    3.2 Other committee business. Three members shall 
constitute a quorum for the conduct of any committee business 
other than a final vote on reporting, providing a member of the 
minority is present. One member shall constitute a quorum for 
hearing testimony.
    3.3 Proxies. Proxies shall be in writing, and shall be 
filed with the chief clerk by the absent member or by a member 
present at the meeting. Proxies shall contain sufficient 
reference to the pending matter to show that the absent member 
has been informed of it and has affirmatively requested that he 
be recorded as voting on it. Proxies shall not be counted 
towards a quorum.
    3.4 Polling.
    (a) Subjects. The committee may poll only (1) internal 
committee matters including the committee's staff records, and 
budget; (2) authorization for steps in the investigation, 
including the authorization and issuance of subpoenas, 
applications for immunity orders, and requests for documents 
from agencies; (3) other committee business, not including a 
final vote on reporting to the Senate, which has been 
designated for polling at a meeting.
    (b) Procedure. The chairman shall circulate polling sheets 
to each member specifying the matter being polled and the time 
limit for completion of the poll. If any member so requests, 
the matter shall be held for meeting rather than being polled. 
The chief clerk shall keep a record of polls; if the chairman, 
with the approval of a majority of the members, determines that 
the polled matter is in one of the areas enumerated in Rule 
2.3, the record of the poll shall be confidential. Any member 
may move at the committee meeting following a poll for a vote 
on the polled decision.
                           rule 4. subpoenas
    4.1 Authorization. Subpoenas may be authorized by the 
committee or by the chairman, and may be issued by the chairman 
or by any other member designated by him. The chief clerk shall 
keep a log, and a file, of all subpoenas issued by the 
committee.
    4.2 Return. A subpoena duces tecum or order to an agency 
for documents may be issued whose return shall occur at a time 
and place other than that of a scheduled hearing. When a return 
on such a subpoena or order is incomplete or accompanied by an 
objection, the chairman may convene a meeting or hearing on 
shortened notice to determine the adequacy of the return and to 
rule on the objection, or may refer the issues raised by the 
return for decision by poll of the committee. At a meeting or 
hearing on such a return, one member shall constitute a quorum.
                            rule 5. hearings
    5.1 Notice. Witnesses called before the committee shall be 
given at least 48 hours notice absent a determination by the 
chairman of extraordinary circumstances, and all witnesses 
called shall be furnished with a copy of Senate Resolution 350 
and of these rules.
    5.2 Oath. All witnesses who testify to matters of fact 
shall be sworn unless the committee votes to waive the oath. 
The chairman, or any member, shall administer the oath.
    5.3 Statement. Any witness desiring to make an introductory 
statement shall file 3 copies of such statement with the 
chairman or clerk of the committee 48 hours in advance of his 
appearance, unless the chairman and vice chairman determine 
that there is good cause for a witness's failure to do so. A 
witness may be required to summarize his or her prepared 
statement if it exceeds ten minutes.
    5.4 Counsel.
    (a) Presence. A witness's counsel shall be permitted to be 
present during his testimony at any public or closed hearing or 
deposition or staff interview to advise such witness of his 
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 chairman or the committee 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 
shall be represented by personal counsel not from the 
government, corporation or association or not representing 
other witnesses.
    (b) Indigence. A witness who is unable for economic reasons 
to obtain counsel may inform the committee at least 48 hours 
prior to the witness's appearance, and it will endeavor to 
obtain volunteer counsel for the witness. Such counsel shall be 
subject solely to the control of the witness and not the 
committee. Failure to obtain counsel will not excuse the 
witness from appearing and testifying.
    (c) Conduct. Counsel shall conduct themselves in an ethical 
and professional manner. Failure to do so shall, upon a finding 
to that effect by a majority of the members present, subject 
such counsel to disciplinary action, which may include warning, 
censure, or ejection. If counsel is disciplined, the provisions 
of Rule 5.4(b) for a witness who is unable to obtain new 
counsel shall apply.
    5.5 Transcript. An accurate electronic or stenographic 
record shall be kept of the testimony of all witnesses in 
closed and public hearings. Upon his request and at his 
expense, a copy of or access to a copy of a witness's testimony 
in public or closed session shall be provided to the witness. 
Upon inspecting his transcript, within a time limit set by the 
committee clerk a witness may request changes in the transcript 
to correct errors of transcription, grammatical errors, and 
obvious errors of fact; the chairman or a staff officer 
designated by him shall rule on such requests.
    5.6 Impugned persons. Any person who believes that evidence 
presented, or comment made by a member or staff, at a public 
hearing or at a closed hearing concerning which there have been 
public reports, tends to impugn his character or adversely 
affect his reputation may:
    (a) file a sworn statement of facts relevant to the 
evidence or comment, which shall be placed in the hearing 
record;
    (b) request the opportunity to appear personally before the 
committee to testify in his own behalf; or
    (c) submit questions in writing which he requests be used 
for the cross-examination or [of] witnesses called by the 
committee. The chairman shall inform the committee of such 
requests for appearance or cross-examination. If the committee 
so decides, the requested questions, or paraphrased versions or 
portions of them, shall be put to the other witnesses by a 
member or by staff.
    5.7 Additional witnesses. Any three members of the 
committee shall be entitled, upon request made to the chairman, 
to call additional witnesses or to require the production of 
documents during at least one day of hearing. Such request must 
be made before the completion of the hearing or, if subpoenas 
are required, no later than three days before the completion of 
the hearing.
             rule 6. depositions and examination of records
    6.1 Notice. Notices for the taking of depositions shall be 
authorized and issued by the chairman or by a staff lawyer 
designated by him. Such notices shall specify a time and place 
for examination, and the name of the staff lawyer or lawyers 
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 unless the 
deposition notice was accompanied by a subpoena authorized by 
the committee or the chairman.
    6.2 Counsel. Witnesses may be accompanied at a deposition 
by counsel to advise them of their rights, subject to the 
provisions of Rule 5.4.
    6.3 Procedure. Witnesses shall be examined upon oath 
administered by a member or an individual authorized by local 
law to administer oaths. Questions shall be propounded orally 
by staff lawyers. 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 committee 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 
chairman of the committee or a member designated by him. If the 
chairman or designated member overrules the objection, he may 
refer the matter to the committee or he may order and direct 
the witness to answer the question, but the committee shall not 
initiate procedures leading to civil or criminal enforcement 
unless the witness refuses to testify after he has been so 
ordered and directed to answer.
    6.4 Filing. The committee staff shall see that the 
testimony is transcribed or electronically recorded. If it is 
transcribed, the witness shall be furnished with a copy or 
access to a copy for review. No later than five days 
thereafter, if a copy is provided the witness shall return it 
with his or her signature, and the staff may enter the changes, 
if any, requested by the witness in accordance with Rule 5.5. 
If the witness fails to return a signed copy the staff shall 
note on the transcript the date a copy was provided and the 
failure to return it. The individual administering the oath 
shall certify on the transcript that the witness was duly sworn 
in his presence, the transcriber shall certify that the 
transcript is a true record of the testimony, and the 
transcript shall then be filed with the committee clerk. 
Committee staff may stipulate with the witness to changes in 
his procedure. Objections to errors in his procedure which 
might be cured if promptly presented are waived unless timely 
objection thereto is made.
    6.5 Examination of records. The committee or the chairman 
may authorize the staff to inspect locations or systems of 
records on behalf of the committee.
 rule 7. procedures for handling of sensitive or confidential materials
    7.1 Security. Committee offices shall operate under strict 
security precautions. The chairman may request the Senate 
Sergeant at Arms to provide assistance necessary to insure 
strict security.
    7.2 Sensitive or confidential materials. The chairman may 
designate categories of sensitive or confidential materials, 
which shall be segregated in a secure storage area. The 
chairman may also enter into agreements to obtain materials and 
information under assurances concerning confidentiality. Each 
member of the committee shall be notified of such agreements.
    7.3 Access. Members may designate individuals on their 
staffs to have access to committee materials subject to the 
rules concerning nondisclosure applicable to committee staff. 
Staff access to materials may be limited by the chairman and 
vice chairman or by staff officers designated by them to 
protect the confidentiality of materials.
    7.4 Nondisclosure. No testimony taken including the names 
of witnesses testifying, or material presented, in depositions 
or at closed hearings, and no confidential materials or 
information, shall be made public, in whole or in part or by 
way of summary, or disclosed to anyone outside the committee 
and individuals designated on members' staffs, unless 
authorized by the committee or the chairman. Allegations 
concerning unauthorized disclosure may be resolved by the 
committee or may be referred by a majority vote of the 
committee to the Select Committee on Ethics. The employment of 
any member of the staff who fails to conform to these rules may 
be immediately terminated.
                             rule 8. staff
    8.1 Detailees and consultants. The chairman shall have 
authority to use on a reimbursable basis, with the prior 
consent of the Committee on Rules and Administration, the 
services of personnel of any department or agency of the United 
States and shall have authority to procure the temporary or 
intermittent services of individual consultants of 
organizations.
    8.2 Applicability of rules. For purposes of Rules 6 and 7 
of these rules, the officers and employees of the Office of 
Senate Legal Counsel shall be deemed committee staff.
                   rule 9. effective changes in rules
    9.1 These rules shall become effective upon publication in 
the Congressional Record. These rules may be modified, amended, 
or repealed by the committee, provided that all members are 
present or provide proxies or if a notice in writing of the 
proposed changes has been given to each member at least 48 
hours prior to the meeting at which action thereon is to be 
taken. The changes shall become effective immediately upon 
publication of the changed rule or rules in the Congressional 
Record, or immediately upon approval of the changes if so 
resolved by the committee so long as any witnesses who may be 
effected by the change in rules are provided with them.
iran/contra (1987)

special investigatory committees

   5. SELECT COMMITTEE ON SECRET MILITARY ASSISTANCE TO IRAN AND THE 
                         NICARAGUAN OPPOSITION

                                   []

                     S. Res. 23, 100th Cong. (1987)
                      [133 Cong. Rec. 782 (1987)]
    Resolved,
                 establishment of the select committee
    Section 1. (a) There is established a select committee of 
the Senate to be known as the Select Committee on Secret 
Military Assistance to Iran and the Nicaraguan Opposition 
(hereafter in this resolution referred to as the ``select 
committee'').
    (b) The purpose of the select committee is--
    (1) to conduct an investigation into, and study of, all 
matters which have any tendency to reveal the full facts 
about--
          (A) any activity of--
                  (i) the National Security Council or of any 
                member or staff thereof,
                  (ii) any other department, agency, or entity 
                of the United States Government or of any 
                officer or employee thereof,
                  (iii) any foreign government, or of any 
                agency or instrumentality thereof, or of any 
                officer or employee thereof, or
                  (iv) any other individual, group, 
                corporation, entity, or organization, which 
                relates to--
                          (I) the direct or indirect sale, 
                        shipment, or other provision of arms, 
                        or the direct or indirect provision of 
                        materiel, funds, or other assistance, 
                        to Iran,
                          (II) the use of the proceeds from any 
                        transaction described in subclause (I) 
                        to provide assistance to any faction or 
                        insurgency in Nicaragua or in any other 
                        foreign country, or to further any 
                        political purpose or activity within 
                        the United States, or to further any 
                        other purpose of any nature whatsoever,
                          (III) the generation and use of any 
                        other money, item of value, or service 
                        to provide assistance to the Nicaraguan 
                        democratic resistance, or
                          (IV) the provision of coordination of 
                        support for persons or entities engaged 
                        as insurgents in armed conflict with 
                        the Government of Nicaragua,
        in order to determine whether any such activity was 
        illegal, improper, unauthorized, or unethical;
          (B) any other activity, circumstance, material, or 
        transaction having a tendency to prove or disprove that 
        any official of the United States Government, or any 
        other person, acting either individually or in 
        combination with others, engaged in any activity which 
        was illegal, improper, unauthorized, or unethical, in 
        connection with any activity described in subclause 
        (I), (II), (III), or (IV) of clause (A) or in 
        connection with the operations described in clause (C); 
        and
          (C) the suitability of the structure and operations 
        of the National Security Council, and persons serving 
        as staff, consultants, or agents thereto, for any 
        function related to the formulation, implementation, or 
        conduct of American national security policy; and
          (2)(A) to make such findings of fact as are warranted 
        and appropriate;
          (B) to make such recommendations, including 
        recommendations for new legislation and amendments to 
        existing laws and any administrative or other actions, 
        as the select committee may determine to be necessary 
        or desirable; and
          (C) to fulfill the Constitutional oversight and 
        informing function of the Congress with respect to the 
        matters described in this section.
    (c) For purposes of this section, the term ``Iran'' 
includes the Government of Iran, any agency or instrumentality 
thereof, any officer or employee thereof, or any person 
purporting to represent the Government of Iran or any agency or 
instrumentality thereof, any national of Iran, or any person 
located in Iran.
          membership and organization of the select committee
    Sec. 2. (a)(1) The select committee shall consist of eleven 
members of the Senate, six of whom shall be appointed by the 
President pro tempore of the Senate from the majority party of 
the Senate upon the recommendation of the Majority Leader of 
the Senate, and five of whom shall be appointed by the 
President pro tempore of the Senate from the majority party of 
the Senate upon the recommendation of the Majority Leader of 
the Senate.
    (2) Vacancies in the membership of the select committee 
shall not affect the authority of the remaining members to 
execute the functions of the select committee and shall be 
filled in the same manner as original appointments to it are 
made.
    (3) For the purpose of paragraph 4 of rule XXV of the 
Standing Rules of the Senate, service of a Senator as a member, 
chairman, or vice chairman of the select committee shall not be 
taken into account.
    (b)(1) The chairman of the select committee shall be 
selected by the Majority Leader of the Senate and the vice 
chairman of the select committee shall be selected by the 
Minority Leader of the Senate. The vice chairman shall 
discharge such responsibilities as the select committee or the 
chairman may assign.
    (2) A majority of the voting members of the select 
committee shall constitute a quorum for reporting a matter or 
recommendation to the Senate, except that the select committee 
may fix a lesser number as a quorum for the purpose of taking 
testimony before the select committee or for conducting the 
other business of the select committee.
    (c)(1) The select committee shall promptly adopt rules and 
procedures not inconsistent with the rules and procedures of 
the Senate.
    (2) The rules and procedures of the select committee 
shall--
          (A) govern the proceedings of the select committee; 
        and
          (B) consistent with section 6 of this resolution--
                  (i) provide for the security of the records 
                of the select committee and the protection of 
                classified information and materials; and
                  (ii) prevent the unauthorized disclosure of 
                information and materials obtained by the 
                select committee in the course of its 
                investigation and study.
                     staff of the select committee
    Sec. 3. (a)(1) To assist the select committee in its 
investigation and study, the chairman, after consultation with 
the vice chairman and the approval of the select committee, 
shall appoint the commitment staff.
    (2) All staff shall work for the select committee as a 
whole, shall report to the chairman and vice chairman and, 
except as otherwise provided by the select committee, shall be 
under the direction of the chairman.
    (b) To assist the select committee in its investigation and 
study, the Senate Legal Counsel and Deputy Senate Legal Counsel 
shall work with and under the jurisdiction and authority of the 
select committee.
    (c) The Majority and Minority leaders of the Senate may 
each designate one staff person to serve on the staff of the 
select committee to serve as their liaison to the select 
committee.
    (d) The Comptroller General of the United States is 
requested to provide from the General Accounting Office 
whatever personnel, investigatory, material, or other 
appropriate assistance may be required by the select committee.
                   public activities of the committee
    Sec. 4. (a) Consistent with--
          (1) the rights of persons subject to investigation 
        and inquiry,
          (2) considerations of national security, including 
        the protection of sources and methods of intelligence 
        gathering and analysis, and
          (3) the interests of the relationship of the United 
        States with other nations;
the select committee shall make every effort to fulfill the 
right of the public and the Congress to know the essential 
facts and implications of the activities of officials of the 
United States Government and other persons and entities with 
respect to the matters under investigation and study as 
described in section 1.
    (b) In furtherance of the public's and Congress' right to 
know, the select committee--
          (1) shall hold, as it considers appropriate, open 
        hearings;
          (2) may make interim reports to the Senate as it 
        considers appropriate; and
          (3) shall make a final comprehensive public report to 
        the Senate which contains a description of all relevant 
        factual determinations consistent with subsection (a) 
        of this section and section 1(b)(2) and which contains 
        recommendations for new legislation and other actions 
        pursuant to the goal of an open, lawful, and effective 
        conduct of American national security policy and, when 
        necessary, lawful intelligence activities in support of 
        American national security policy.
    (c) The decision as to what matters shall be heard in 
closed or open session shall be determined by the select 
committee in accordance with paragraph 5(b) of rule XXVI of the 
Standing Rules of the Senate.
                     powers of the select committee
    Sec. 5. (a) The select committee shall do everything 
necessary and appropriate under the laws and Constitution of 
the United States to make the investigation and study specified 
in section 1.
    (b) The select committee is authorized to issue subpoenas 
for obtaining testimony and for the production of documentary 
or physical evidence. A subpoena may be authorized and issued 
by the select committee, acting through the chairman or any 
other member designated by the chairman, and may be served by 
any person designated by such chairman or other member anywhere 
within or without the borders of the United States to the full 
extent permitted by law. The chairman of the select committee, 
or any other member thereof, is authorized to administer oaths 
to any witnesses appearing before the committee.
    (c) The select committee may exercise the powers conferred 
upon committees of the Senate by sections 6002 and 6005 of 
title 18, United States Code.
    (d) The select committee is authorized to do the following:
          (1) To employ and fix the compensation of such 
        clerical, investigatory, legal, technical, and other 
        assistants as the select committee considers necessary 
        or appropriate.
          (2) To sit and act at any time or place during 
        sessions, recesses, and adjournment periods of the 
        Senate.
          (3) To hold hearings for taking testimony under oath 
        or to receive documentary or physical evidence relating 
        to the matters and questions it is authorized to 
        investigate or study.
          (4) To require by subpoena or order the attendance, 
        as witnesses before the select committee or at 
        depositions, of any person who may have knowledge or 
        information concerning any of the matters the select 
        committee is authorized to investigate and study.
          (5) To take depositions and other testimony under 
        oath anywhere within the United States or in any other 
        country, to issue orders by the chairman or any other 
        member designated by the chairman which require 
        witnesses to answer written interrogations under oath, 
        to make application for issuance of letters rogatory, 
        and to request, through appropriate channels, other 
        means of international assistance, as appropriate.
          (6) To issue commissions and to notice depositions 
        for staff members to examine witnesses and to receive 
        evidence under oath administered by an individual 
        authorized by local law to administer oaths. The select 
        committee, acting through the chairman, may authorize 
        and issue, and may delegate to designated staff members 
        the power to authorize and issue, commissions and 
        deposition notices.
          (7) To require by subpoena or order--
                  (A) any department, agency, entity, officer, 
                or employee of the United States Government,
                  (B) any person or entity purporting to act 
                under color or authority of State or local law, 
                or
                  (C) any private person, firm, corporation, 
                partnership, or other organization,
        to produce for its consideration or for use as evidence 
        in the investigation or study of the select committee 
        any book, check, canceled check, corespondence, 
        communication, document, financial record, paper, 
        physical evidence, photograph, record, recording, tape, 
        or any other material relating to any of the matters or 
        questions such committee is authorized to investigate 
        and study which they or any of them may have in their 
        custody or under their control.
          (8) To make to the Senate any recommendations, 
        including recommendations for criminal or civil 
        enforcement, which the select committee may consider 
        appropriate with respect to--
                  (A) the willful failure or refusal of any 
                person to appear before it, or at a deposition, 
                or to answer interrogatories, in obedience to a 
                subpoena or order;
                  (B) the willful failure or refusal of any 
                person to answer questions or give testimony 
                during his appearance as a witness before such 
                committee, or at a deposition, or in response 
                to interrogatories; or
                  (C) the willful failure or refusal of--
                          (i) any officer or employee of the 
                        United States Government,
                          (ii) any person or entity purporting 
                        to act under color or authority of 
                        State or local law, or
                          (iii) any private person, 
                        partnership, firm, corporation, or 
                        organization,
                to produce before the committee, or at a 
                deposition, or at any time or place designated 
                by the committee, any book, check, canceled 
                check, correspondence, communication, document, 
                financial record, paper, physical evidence, 
                photograph, record, recording, tape, or any 
                other material in obedience to any subpoena or 
                order.
          (9) To procure the temporary or intermittent services 
        of individual consultants, or organizations thereof, in 
        the same manner and under the same conditions as a 
        standing committee of the Senate may procure such 
        services under section 202(i) of the Legislative 
        Reorganization Act of 1946 (2 U.S.C. 72a(i)).
          (10) To use on a reimbursable basis, with the prior 
        consent of the Government department or agency 
        concerned and the Committee on Rules and Administration 
        of the Senate, the services of personnel of such 
        department or agency.
          (11) To use, with the prior consent of the chairman 
        of any other Senate committee or the chairman of any 
        subcommittee of any committee of the Senate, the 
        facilities or services of any members of the staff of 
        such other Senate committee whenever the select 
        committee or its chairman considers that such action is 
        necessary or appropriate to enable the select committee 
        to make the investigation and study provided for in 
        this resolution.
          (12) To have access through the agency of any members 
        of the select committee, staff director, chief counsel, 
        or any of its investigatory assistants designated by 
        the chairman, to any data, evidence, information, 
        report, analysis, document, or paper--
                  (A) which relates to any of the matters or 
                questions which the select committee is 
                authorized to investigate or study;
                  (B) which is in the custody or under the 
                control of any department, agency, entity, 
                officer, or employee of the United States 
                Government, including those which have--
                          (i) the power under the law of the 
                        United States to investigate any 
                        alleged criminal activities or to 
                        prosecute persons charged with crimes 
                        against the United States; or
                          (ii) the authority to, or which in 
                        fact has, conducted intelligence 
                        gathering or intelligence activities, 
                        without regard to the jurisdiction or 
                        authority of any other Senate 
                        committee; and
                  (C) which will aid the select committee to 
                prepare for or conduct the investigation and 
                study authorized and directed by this 
                resolution.
          (13) To report violations of any law to the 
        appropriate Federal, State, or local authorities.
          (14) To expend, to the extent the select committee 
        determines necessary and appropriate, any moneys made 
        available to such committee by the Senate to make the 
        investigation, study, and reports authorized by this 
        resolution.
    (e) The level of compensation payable to any employee of 
the select committee shall not be subject to any limitation on 
compensation otherwise applicable to an employee of the Senate.
         protection of confidential and classified information
    Sec. 6. (a)(1) Before being given access to any classified 
information, any member of the staff of, or consultant to, the 
select committee shall have the appropriate security clearance 
and a need to know such information. The chairman of the select 
committee shall decide which select committee staff members and 
consultants are required to have security clearances.
    (2) All staff members and consultants shall, as a condition 
of employment, agree in writing to abide by the conditions of 
an appropriate nondisclosure agreement promulgated by the 
select committee.
    (3) The case of any Senator who violates the security 
procedures of the select committee may be referred to the 
Select Committee on Ethics of the Senate for the imposition of 
sanctions in accordance with the rules of the Senate. Any staff 
member or consultant who violates the security procedures of 
the select committee shall immediately be subject to removal 
from office or employment with the select committee or shall be 
subject to such other sanction as may be provided in the rules 
of the select committee.
    (b)(1) Any classified information obtained by the select 
committee either directly from the Executive branch of the 
United States Government, through the Select Committee on 
Intelligence of the Senate, or by other means, shall be 
disclosed only in the same manner in which such information may 
be disclosed under the provisions of section 8 of Senate 
Resolution 400 (Ninety-fourth Congress, second session), except 
that references to the Select Committee on Intelligence in such 
section shall be deemed to be references to the select 
committee established under this resolution.
    (2) The select committee shall make suitable arrangements, 
in consultation with the Select Committee on Intelligence of 
the Senate, for the physical protection and storage or 
classified information provided to the select committee.
    (3) Upon the termination of the select committee pursuant 
to section 9 of this resolution, all records, files, documents, 
and other materials in the possession, custody, or control of 
the select committee, under appropriate conditions established 
by such committee, shall be transferred to the Select Committee 
on Intelligence of the Senate.
                    relation to other investigations
    Sec. 7. (a) In order to--
          (1) expedite the thorough conduct of the 
        investigation and study authorized by this resolution,
          (2) promote efficiency among all the various 
        investigations underway in all branches of the United 
        States Government, and
          (3) engender a high degree of confidence on the part 
        of the public regarding the conduct of such 
        investigation, the select committee is encouraged--
                  (A) to seek the full cooperation of all 
                relevant investigatory bodies, and
                  (B) to seek access to all information which 
                is acquired and developed by such bodies.
    (b)(1) The Select Committee on Intelligence is hereby 
directed to prepare and provide to the select committee, in 
closed session a report of its investigation into matters 
described in section 1 of this resolution, which report shall 
include a summary of the testimony and chronology of events 
developed by the Select Committee on Intelligence, together 
with a listing of unresolved questions and issues which it 
recommends be pursued by the select committee as soon as 
possible, and the select committee may release as much of the 
information in such report to the public as it deems advisable, 
consistent with the interest of the public and national 
security, and is deemed by the committee to be in the public 
interest after a determination by such committee that the 
public interest would be served by such disclosure.
    (2) The select committee, through its members and 
appropriate staff, shall be provided full access to all 
records, files, documents and other materials in the 
possession, custody, or control of the Select Committee on 
Intelligence of the Senate, obtained or produced by the Select 
Committee on Intelligence of the Senate with respect to any 
matter described in section 1 of this resolution.
    (3) All subpoenas issued by the Select Committee on 
Intelligence of the Senate on any matter described in section 1 
of this resolution shall continue in force and may be enforced 
by the select committee as if issued by the select committee.
    (c) The Senate requests that any independent counsel 
appointed pursuant to chapter 39 of title 28, United States 
Code, to investigate any matter related to a matter described 
in section 1 of this resolution, make available to the select 
committee, as expeditiously as possible, all documents and 
information which may assist the select committee in its 
investigation and study.
                         salaries and expenses
    Sec. 8. Such sums as are necessary shall be available from 
the contingent fund of the Senate out of the Account for 
Expenses for Inquiries and Investigations for payment of 
salaries and other expenses of the select committee under this 
resolution, which shall include sums which shall be available 
for the procurement of the services of individual consultants 
or organizations thereof, in accordance with section 5(d)(9). 
Payment of expenses shall be disbursed upon vouchers approved 
by the chairman of the select committee, except that vouchers 
shall not be required for the disbursement of salaries paid at 
an annual rate.
                          reports; termination
    Sec. 9. (a)(1) The select committee shall make a final 
public report to the Senate of the results of the investigation 
and study conducted by such committee pursuant to this 
resolution, together with its findings and any recommendations 
at the earliest practicable date, but not later than August 1, 
1987: Provided, That on or before August 1, 1987 a privilege 
motion made by the majority leader, to be debatable for no more 
than 1 hour, in the usual form, shall be in order, namely, ``I 
move that the time be extended from August 1, 1987 to October 
30, 1987 for the investigation by and final report of the 
select committee.'' The select committee shall also submit to 
the Senate such interim reports as it considers appropriate.
    (2) The final report of the select committee may be 
accompanied by whatever classified or confidential annexes are 
necessary to protect classified or confidential information, 
particularly intelligence sources and methods.
    (b) After submission of its final report, the select 
committee shall conclude its business and close out its affairs 
as expeditiously as practicable.


                                 of the


 [Adopted January 15, 1987; as amended, 133 Cong. Rec. 1888-90, 6412, 
                             10935 (1987)]
               rule 1. convening of meetings and hearings
    1.1 Meetings. The committee shall meet at the call of the 
chairman. The members of the committee may call special 
meetings as provided in Senate Rule XXVI(3).
    1.2 Notice. The committee shall publicly announce the date, 
place, and subject matter of any hearing at least one week 
before its commencement. A hearing may be called on shorter 
notice if the chairman, after consultation with the vice 
chairman, determines that there is good cause to begin it at an 
earlier date.
    1.3 Presiding Officer. The chairman shall preside when 
present. If the chairman is not present at any meeting or 
hearing, the vice chairman shall preside. The chairman may 
designate any member of the committee to preside in the absence 
of the chairman or vice chairman.
                        rule 2. closed sessions
    2.1 Procedure. All meetings and hearings shall be open to 
the public unless closed. To close all or part of a hearing or 
meeting, or a series of hearings or meetings for a period of no 
more than 14 days, the committee shall vote in open session by 
a record vote, including proxy votes, of a majority of the 
members of the committee. If discussion is necessary, a motion 
shall be made and seconded to go into closed session to discuss 
whether the meeting or hearing will concern the matters 
enumerated in Rule 2.2 Immediately after such discussion the 
committee shall return to open session and the meeting or 
hearing may then be closed by a record vote.
    2.2 Closed Session Subjects. A meeting or hearing may be 
closed if the matters to be discussed concern: (1) national 
security or the confidential conduct or foreign relations; (2) 
committee staff personnel or internal staff management or 
procedure; (3) matters tending to reflect adversely on the 
character or reputation, or to invade the privacy, of any 
individuals; (4) matters that will disclose the identity of any 
informer or undercover 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; or (5) other matters 
enumerated in Senate Rule XXVI(5)(b).
    2.3 Witness Request. Any witness may submit to the 
chairman, no later than 24 hours in advance of a hearing, a 
written request to be examined in closed or open session. The 
chairman shall inform the committee of the request, and the 
committee shall take such action pursuant to Rule 2.1 as it 
deems appropriate.
    2.4 Broadcasting.
    (a) Control. Any meeting or hearing open to the public may 
be covered by television, radio, or still photography. Coverage 
must be conducted in an orderly and unobtrusive manner, and the 
presiding officer may for good cause terminate coverage in 
whole or in part or take other action to promote orderly 
proceedings.
    (b) Request. A witness may request of the presiding officer 
on grounds of distraction, harassment, personal safety, or 
physical discomfort that during his or her testimony cameras, 
media microphones, and lights shall not be directed at the 
witness, and the presiding officer may take such action as he 
deems appropriate.
                       rule 3. quorums and voting
    3.1 Reporting. Six members shall constitute a quorum for 
reporting a matter or recommendation to the Senate.
    3.2 Other Business. Six members, or four members providing 
that a member of the majority is present, shall constitute a 
quorum for the conduct of other business.
    3.3 Testimony. One member shall constitute a quorum for 
hearing testimony.
    3.4 Proxies. Proxies shall be in writing, and shall be 
filed with the chief clerk by the absent member or by a member 
present at the meeting. Proxies shall contain sufficient 
reference to the pending matter to show that the absent member 
has been informed of it and has affirmatively requested that he 
be recorded as voting on it. Proxies shall not be counted 
towards a quorum.
    3.5 Polling.
    (a) Subjects. The committee may poll only (1) internal 
committee matters including the committee's staff, records, and 
budget; (2) authorization for steps in the investigation, 
including the authorization and issuance of subpoenas and 
deposition notices, applications for immunity orders, and 
requests for documents; (3) other committee business, not 
including a vote on reporting to the Senate, that the committee 
at a meeting has designated for polling at a subsequent time.
    (b) Procedure. At the direction of the committee or the 
chairman, as provided in Rule 3.5(a), polling sheets shall be 
circulated to each member specifying the matter being polled 
and the time limit for completion of the poll. If any member so 
requests, the matter shall be held for consideration at a 
meeting. The chief clerk shall keep a record of polls; if the 
chairman, with the approval of a majority of the members, 
determines that the polled matter is in one of the areas 
enumerated in Rule 2.3, the record of the poll shall be 
confidential.
                           rule 4. subpoenas
    4.1 Authorization. Subpoenas may be authorized by the 
committee or by the chairman and may be issued by the chairman 
or by any other member designated by him. The chief clerk shall 
keep a log, and a file, of all subpoenas.
    4.2 Return. A subpoena duces tecum or order for documents 
may be issued whose return shall occur at a deposition or at 
another time and place other than at a hearing. When a return 
on such a subpoena or order is incomplete or accompanied by an 
objection, the chairman may convene a meeting or hearing on 
shortened notice to determine the adequacy of the return and to 
rule on the objection or may refer the issues raised by the 
return for decision by poll of the committee. At a meeting or 
hearing on such a return, one member shall constitute a quorum.
                            rule 5. hearings
    5.1 Notice. Witnesses shall be given at least 48 hours 
notice, unless the chairman determines that extraordinary 
circumstances warrant shorter notice, and all witnesses shall 
be furnished with a copy of Senate Resolution 23 and of these 
rules.
    5.2 Oath. All witnesses who testify to matters of fact 
shall be sworn unless the committee authorizes waiver of an 
oath.
    5.3 Statement. Any witness desiring to make an introductory 
statement shall file 20 copies of the statement with the 
chairman or chief clerk 48 hours in advance of the appearance, 
unless the chairman determines that there is good cause for a 
witness's failure to do so. A witness may be required to 
summarize a prepared statement if it exceeds ten minutes. 
Unless the committee determines otherwise, a witness who 
appears before the committee under a grant of immunity shall 
not be permitted to make a statement or testify except to 
respond directly to questions posed by committee members or 
committee staff.
    5.4 Counsel.
    (a) Presence. A witness's counsel shall be permitted to be 
present during the witness's testimony at any public or closed 
hearing or deposition or staff interview to advise the witness 
of his or her 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 chairman or the committee 
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 
shall be represented by personal counsel not from the 
government, corporation, or association or not representing 
other witnesses.
    (b) Inability to Obtain Counsel. A witness who is unable 
for indigence or other reason to obtain counsel shall inform 
the committee at least 48 hours prior to the witness's 
appearance, and the committee will endeavor to obtain volunteer 
counsel for the witness. Failure to obtain counsel will not 
excuse the witness from appearing and testifying.
    (c) Conduct. Counsel shall behave in an ethical and 
professional manner. Failure to do so shall, upon a finding to 
that effect by a majority of the members present, subject 
counsel to disciplinary action, which may including warning, 
censure, or ejection.
    5.5 Transcript. An accurate electronic or stenographic 
record shall be kept of all testimony in closed and public 
hearings. At a witness's request and expense, access to a copy 
of a witness's testimony in public or closed session shall be 
provided to the witness. Upon inspecting the transcript, within 
a time limit set by the chief clerk, a witness may in writing 
request changes in the transcript to correct errors of 
transcription, grammatical errors, and obvious errors of fact; 
the chairman or a staff officer designated by him shall rule on 
such requests.
    5.6 Impugned Persons. Any person who believes that evidence 
presented, or comment made by a member or staff, 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 the facts relevant to 
        the evidence or comment, which shall be placed in the 
        hearing record;
          (b) request the opportunity to appear personally 
        before the committee to testify in his or her own 
        behalf; or
          (c) request that submitted written questions be used 
        for the cross-examination of witnesses called by the 
        committee. The chairman shall inform the committee of 
        requests for appearance or cross-examination. If the 
        committee so decides, the requested questions, or 
        paraphrased versions or portions of them, shall be put 
        to the other witnesses by a member or by staff.
    5.7 Additional Witnesses. Any three members of the 
committee shall be entitled, upon a timely request made to the 
chairman, to call additional witnesses or to require the 
production of documents during at least one day of hearing.
    rule 6. depositions, examination of records, and interrogatories
    6.1 Deposition Notices. Notices for the taking of 
depositions shall be authorized and issued by the chairman or 
by a staff member designated by him. Such notices shall specify 
a time and place for examination, and the name of the staff 
member or members 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 
unless the deposition notice was accompanied by a subpoena 
authorized by the committee or the chairman.
    6.2 Counsel at Depositions. Witnesses may be accompanied at 
a deposition by counsel to advise them of their rights, subject 
to the provisions of Rule 5.4.
    6.3 Deposition Procedure. Witnesses at depositions shall be 
examined upon oath administered by a member or an individual 
authorized by local law to administer oaths. Questions shall be 
propounded orally by staff members. 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 committee 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 chairman of the committee or a member 
designated by him. If the chairman or designated member 
overrules the objection, he may refer the matter to the 
committee or he may order and direct the witness to answer the 
questions, but the committee shall not initiate procedures 
leading to civil or criminal enforcement unless the witness 
refuses to testify after having been ordered and directed to 
answer.
    6.4 Filing of Depositions. The committee staff shall see 
that deposition testimony is transcribed or electronically 
recorded. If it is transcribed, the witness shall be furnished 
with a copy, or access to a copy, for review. No later than 
five days thereafter, if a copy is provided, the witness shall 
return it with his or her signature, and the staff may enter 
the changes, if any, requested by the witness in accordance 
with Rule 5.5. If the witness fails to return a signed copy the 
staff shall note on the transcript the date a copy was provided 
and the failure to return it. 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. Committee 
staff may stipulate with the witness to changes in this 
procedure. Objections to errors in this procedure that might be 
cured if promptly presented are waived unless timely objection 
is made.
    6.5 Examination of Records. The committee or the chairman 
may authorize the staff to inspect locations or systems of 
records on behalf of the committee.
    6.6 Written Interrogatories. Written interrogatories may be 
authorized and issued by the chairman or by any member 
designated by the chairman and shall specify a date for filing 
an answer with the chief clerk. Written interrogatories shall 
be answered under oath.
  rule 7. procedures for handling of sensitive or classified materials
    7.1 Security. Committee offices shall operate under strict 
security precautions. The chairman may request the Senate 
Sergeant at Arms to provide assistance necessary to ensure 
strict security.
    7.2 Sensitive or Classified Materials. Sensitive or 
classified materials shall be segregated in a secure storage 
area. The committee shall adopt security regulations governing 
the handling of sensitive or classified materials. The chairman 
may enter into agreements to obtain materials and information 
under assurances concerning confidentiality. Each member of the 
committee shall be notified of such agreements.
    7.3 Access. Staff access to classified materials shall be 
limited to staff members with appropriate security clearances 
and a need to know. The committee shall adopt internal 
guidelines governing staff access to particular categories of 
classified materials, which shall be applied by the chairman 
and vice chairman. Staff access to sensitive materials may be 
limited by the chairman and vice chairman.
    7.4 Nondisclosure. No member of the committee or its staff 
shall disclose, in whole or in part or by way of summary, to 
any person outside the committee and its staff, for any purpose 
or in connection with any proceeding, judicial or otherwise, 
any testimony taken, including the names of witnesses 
testifying, or material presented, in depositions or at closed 
hearings, or any confidential materials or information, unless 
authorized by the committee or the chairman, and, for 
classified materials or information, pursuant to the provisions 
of section 8 of Senate Resolution 400 of the 94th Congress.
    7.5 Nondisclosure Agreement. All members of the committee 
staff shall agree in writing, as a condition of employment, to 
abide by the conditions of the nondisclosure agreement 
promulgated by the committee pursuant to section 6(a)(2) of 
Senate Resolution 23.
    7.6 Violations. Allegations concerning unauthorized 
disclosure may be addressed by the committee or may be referred 
by a majority vote of the committee to the Select Committee on 
Ethics. Any member of the staff who fails to conform to the 
provisions of Rule 7 shall be subject to disciplinary sanction, 
including termination of employment.
    7.7 Applicability of Rules. For purposes of Rules 6 and 7, 
committee staff include the employees of the committee, staff 
designated by the members, with the approval of the chairman, 
to work on committee business, the officers and employees of 
the Office of Senate Legal Counsel who are requested by the 
chairman to work on committee business, and detailees and 
consultants to the committee.
                   rule 8. detailees and consultants
    The chairman shall have authority to use on a reimbursable 
basis, with the prior consent of the Committee on Rules and 
Administration, the services of personnel of any department or 
agency of the United States and shall have authority to procure 
the temporary or intermittent services of individual 
consultants or organizations.
                   rule 9. effective changes in rules
    9.1 These rules shall become effective upon publication in 
the Congressional Record. These rules may be modified, amended, 
or repealed by the committee, provided that all members are 
present or provide proxies or if a notice in writing of the 
proposed changes has been given to each member at least 48 
hours prior to the meeting at which action thereon is to be 
taken. The changes shall become effective immediately upon 
publication of the changed rule or rules in the Congressional 
Record, or immediately upon approval of the changes if so 
resolved by the committee so long as any witnesses who may be 
affected by the change in rules are provided with them.
                        rule 10. joint hearings
    10.1 The Committee may conduct hearings jointly with the 
House Select Committee to Investigate Covert Arms Transactions 
with Iran.
    10.2 Rules 3.2, 3.5, 5, 6.1-6.10, and 6.12 of the House 
Select Committee, to the extent that they are inconsistent with 
the rules of this Committee, shall govern hearings conducted 
jointly by the two Committees, when such hearings are held in 
facilities provided by the House.
    10.3 Notwithstanding Rule 10.2, all such joint hearings 
shall for all purposes be considered hearings of this Senate 
Committee.
indian (1989)

special investigatory committees

   6. SPECIAL COMMITTEE ON INVESTIGATIONS OF THE SELECT COMMITTEE ON 
                             INDIAN AFFAIRS

                    S. Res. 103, 101st Cong. (1989)
                    [135 Cong. Rec. 6226-27 (1989)]
    Resolved, That (a) subsection (d) of section 21 of Senate 
Resolution 66, agreed to February 28, 1989, is amended to read 
as follows:
    ``(d)(1) The Special Committee on Investigations (hereafter 
in this section referred to as the ``special committee''), a 
duly authorized subcommittee of the select committee, is 
authorized from March 1, 1989, through February 28, 1990, to 
study or investigate any and all matters pertaining to problems 
and opportunities of Indians and the Federal administration of 
mineral resources, including but not limited to resource 
management and trust responsibilities of the United States 
Government, Indian education, health, special services, and 
other Federal programs, and related matters.
    ``(2) For the purpose of this section the special committee 
is authorized from March 1, 1989 through February 28, 1990, in 
its discretion (A) to adopt rules (not inconsistent with this 
resolution and the Standing Rules of the Senate) governing its 
procedure, to be published in the Congressional Record, (B) to 
make investigations into any matter within its jurisdiction, 
(C) to make expenditures from the contingent fund of the 
Senate, (D) to employ personnel, (E) to sit and act at any time 
or place during the sessions, recesses, and adjourned periods 
of the Senate, (F) to hold hearings and to take staff 
depositions, interrogatories, and other testimony, (G) to 
require, by subpoena or order, the attendance of witnesses and 
the production of correspondence, books, papers, and documents 
at hearings or at staff depositions, (H) to procure the 
services of individual consultants or organizations thereof, in 
accordance with the provisions of section 202(i) of the 
Legislative Reorganization Act of 1946, as amended, and (I) 
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.
    ``(3) The chairman of the special committee or any member 
thereof may administer oaths to witnesses, and, at staff 
depositions authorized by the special committee, oaths may be 
administered by any individual authorized by local law to 
administer oaths.
    ``(4) Subpoenas authorized by the special committee may be 
issued over the signature of the chairman, or any member of the 
special committee designated by the chairman, or the member 
signing the subpoena.
    ``(5) All subpoenas and related legal processes of the 
special committee authorized under S. Res. 381 of the One 
Hundredth Congress, Second Session, are authorized to continue.
    ``(6) The special committee shall report its findings, 
together with such recommendations for legislation as it deems 
advisable, to the Senate through the select committee at the 
earliest practicable date, but not later than February 28, 
1990.''.
    (b) The amendment made by subsection (a) of this resolution 
shall be considered as having taken effect on February 28, 
1989.


   [135 Cong. Rec. 6738 (1989), amended 135 Cong. Rec. 7343-44, 7700 
                                (1989)]
               rule 1. convening of meetings and hearings
    1.1 Meetings. The committee shall meet at the call of the 
chairman. The members of the committee may call special 
meetings as provided in Senate Rule XXVI, except that actions 
of only two members of the committee shall be required to call 
special meetings.
    1.2 Notice. The committee shall make public announcement of 
the date, place, and subject matter of any hearing at least one 
week before its commencement, except that a hearing may be 
called on shortened notice if the chairman determines that 
there is good cause to begin such hearing at an earlier date.
    1.3 Presiding Officers. The chairman shall preside when 
present. If the chairman is not present at any meeting or 
hearing, the co-chairman shall preside. Any member of the 
committee designated by the chairman may preside at a hearing.
                        rule 2. closed sessions
    2.1 Procedure. All meetings and hearings shall be open to 
the public unless closed. To close all or part of a hearing or 
meeting, or a series of hearings or meetings for a period of no 
more than 14 days, the committee shall vote in open session by 
a record vote, including proxy votes, of a majority of the 
members of the committee. If discussion in closed session is 
necessary, a motion shall be made and seconded to go into 
closed session to discuss whether the meeting or hearing will 
concern the matters enumerated in Rule 2.2. Immediately after 
such discussion the committee shall return to open session and 
the meeting or hearing may then be closed by a record vote.
    2.2 Closed Session Subjects. A meeting or hearing may be 
closed if the matters to be discussed concern: (1) national 
security or the confidential conduct of foreign relations; (2) 
committee staff personnel or internal staff management or 
procedure; (3) matters tending to reflect adversely on the 
character or reputation; or to invade the privacy, of any 
individuals; (4) matters that will disclose the identity of any 
informer or undercover 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; or (5) matters that 
will disclose information relating to the trade secrets of 
financial or commercial information that must be kept 
confidential by reason of law or in order to prevent 
competitive injury; or (6) matters required to be kept 
confidential under other provisions of law or regulations.
    2.3 Witness Request. Any witness called to testify at a 
hearing may submit to the chairman, no later than 24 hours in 
advance of a hearing, a written request to be examined in 
closed or open session. The chairman shall inform the committee 
of the request, and the committee shall take such action 
pursuant to Rule 2.1 as it seems appropriate.
    2.4 Broadcasting.
    (a) Control. Any meeting or hearing open to the public may 
be covered by television, radio, or still photography. Coverage 
must be conducted in an orderly and unobtrusive manner, and the 
presiding officer may for good cause terminate coverage in 
whole or in part or take other action to promote orderly 
proceedings.
    (b) Request. A witness may request of the presiding officer 
on grounds of distraction, harassment, personal safety, or 
physical discomfort that during his or her testimony cameras, 
media microphones, and lights shall not be directed at the 
witness, and the presiding officer may take such action as he 
deems appropriate.
                       rule 3. quorums and voting
    3.1 Reporting and Other Business. Two members shall 
constitute a quorum for reporting a matter or recommendation to 
the Senate or for the conduct of other business.
    3.2 Testimony. One member shall constitute a quorum for 
hearing testimony.
    3.3 Proxies. Proxies shall be in writing, and shall be 
filed with the chief clerk by the absent member or by a member 
present at the meeting. Proxies shall contain sufficient 
reference to the pending matter to show that the absent member 
has been informed of it and has affirmatively requested that he 
be recorded as voting on it. Proxies shall not be counted 
towards a quorum.
    3.4 Polling.
    (a) Subjects. The committee may poll only (1) internal 
committee matters including the committee's staff, records, and 
budget; (2) authorization for steps in the investigation, 
including the authorization and issuance of subpoenas and 
deposition notice, requests for applications for immunity 
orders, and requests for documents; (3) other committee 
business, not including a vote on reporting to the Senate, that 
the committee at a meeting has designated for polling at a 
subsequent time.
    (b) Procedure. At the direction of the committee or the 
chairman, as provided in Rule 3.4(a), polling sheets shall be 
circulated to each member specifying the matter being polled 
and the time limit for completion of the poll. If any member so 
requests, the matter shall be held for consideration at a 
meeting. The chief clerk shall keep a record of polls, 
including a written or oral disposition of polled matters. If 
the chairman, with the approval of a majority of the members, 
determines that the polled matter is in one of the areas 
enumerate[d] in Rule 2.2, the record of the poll shall be 
confidential.
                           rule 4. subpoenas
    4.1 Authorization. Subpoenas may be authorized by the 
Committee, the Chairman or Co-Chairman, and may be issued by 
the Chairman, Co-Chairman, or any member of the Committee 
designated by the Chairman or Co-Chairman. The Chief Clerk 
shall keep a log and a file of all subpoenas that have been 
issued.
    4.2 Return. A subpoena duces tecum or order for documents 
may be issued whose return shall occur at a deposition or at 
another time and place other than at a hearing. When a return 
on such a subpoena or order is incomplete or accompanied by an 
objection, the chairman may convene a meeting or hearing on 
shortened notice to determine the adequacy of the return and to 
rule on the objection or may refer the issues raised by the 
return for decision by poll of the committee. At a meeting 
hearing on such a return, one member shall constitute a quorum.
                            rule 5. hearings
    5.1 Notice. Witnesses shall be given at least 48 hours 
notice, unless the chairman determines that extraordinary 
circumstances warrant shorter notice, and all witnesses shall 
be furnished with a copy of Senate Resolution 66, 101st 
Congress (1989) as amended, and of these rules.
    5.2 Oath. All witnesses who testify to matters of fact 
shall be sworn unless the committee authorizes waiver of oath. 
The chairman or any member shall administer oaths to witnesses 
at hearings.
    5.3 Statement. Any witness desiring to make an introductory 
statement shall file 10 copies of the statement with the 
chairman or chief clerk 48 hours in advance of the appearance, 
unless the chairman determines that there is good cause for a 
witness's failure to do so. A witness may be required to 
summarize a prepared statement if it exceeds 5 minutes.
    Unless the Committee determines otherwise, a witness who 
appears before the committee under a grant of immunity shall 
not be permitted to make a statement or testify except to 
respond directly to questions posed by committee members or 
committee staff.
    5.4 Counsel.
    (a) Presence. A witness's counsel shall be permitted to be 
present during the witness's testimony at any public or closed 
hearings or deposition of staff interview to advise the witness 
of his or her 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 chairman or the committee 
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 
shall be represented by personal counsel not from the 
government, corporation, or association or not representing 
other witnesses.
    (b) Inability To Obtain Counsel. A witness who is unable 
for indigence or other reason to obtain counsel shall inform 
the committee at least 48 hours prior to the witness's 
appearance, and the committee will endeavor to obtain volunteer 
counsel for the witness. Failure to obtain counsel will not 
excuse the witness from appearing and testifying.
    (c) Conduct. Counsel shall behave in an ethical and 
professional manner. Failure to do so shall, upon a finding to 
that effect by a majority of the members present, subject 
counsel to disciplinary action, which may include warning, 
censure, or ejection.
    5.5 Transcript. An accurate electronic or stenographic 
record shall be kept to all testimony in closed and public 
hearings. At a witness's request and expense access to a copy 
of a witness's testimony in public or closed session shall be 
provided to the witness. Upon inspecting the transcript, within 
a time limit set by the chief clerk, a witness may in writing 
request changes in the transcript to correct errors of 
transcription, grammatical error, and obvious errors of fact, 
the chairman or a staff officer designated by him shall rule on 
such requests.
    5.6 Impugned Persons. No person shall be deemed to be 
impugned under this section if either prior or subsequent to 
said public hearing such person was afforded the opportunity 
under oath, whether by deposition, sworn statement or 
otherwise, to answer the substance of the evidence presented or 
comment made at the public hearing.
    5.7 Additional Witnesses. The co-chairman of the committee 
shall be entitled, upon a timely request made to the chairman, 
to call additional witnesses or to require the production of 
documents during at least one day of hearing.
             rule 6. depositions and examination of records
    6.1 Deposition Notices. Notices for the taking of 
depositions may be authorized by the Committee, the Chairman, 
Co-Chairman, or, in the event that a subpoena has been 
authorized pursuant to Rule 4, by the Chief Counsel. Such 
notices shall be issued by the Chairman, Co-Chairman, or the 
Chief Counsel. Such notices shall specify a time and place for 
examination, and the name of the staff member or members who 
will take the deposition. Unless otherwise specified, the 
deposition shall be in private. At the direction of the 
Chairman, Co-Chairman, or any member, a deposition may be taken 
by telephone. The Committee shall not initiate procedures 
leading to criminal or civil enforcement proceedings for a 
witness' failure to appear unless the party received a subpoena 
authorized pursuant to Rule 4.
    6.2 Counsel and Deposition. Witnesses may be accompanied at 
a deposition by counsel to advise them of their rights, subject 
to the provisions of Rule 5.4.
    6.3 Deposition Procedure. Witnesses at depositions shall be 
examined upon oath administered by an individual authorized by 
law to administer oaths, or any member who may be present and 
elect to administer the oath. Questions shall be propounded 
orally by staff members. 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 committee 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 chairman of the committee or a member designated by him. 
The chairman or designated member may refer the matter to the 
committee or rule on the objection. If he overrules the 
objection, he may order and direct the witness to answer the 
questions. The committee shall not initiate procedures leading 
to civil or criminal enforcement unless the witness refuses to 
testify after having been ordered and directed to answer.
    6.4 Filing of Depositions. The committee staff shall see 
that deposition testimony is transcribed or electronically 
recorded. If it is transcribed, the witness shall be furnished 
with a copy, or access to a copy, for review. No later than 
five days thereafter, if a copy is provided, the witness shall 
return it with his or her signature, and the staff may enter 
the changes, if any, requested by the witness in accordance 
with Rule 5.5. If the witness fails to return a signed copy the 
staff shall note on the transcript the date a copy was provided 
and the failure to return it. 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. Committee 
staff may stipulate with the witness to changes in this 
procedure. Objections to errors in this procedure that might be 
cured if promptly presented are waived unless timely objection 
is made.
    6.5 Examination of Records. The committee or the chairman 
may authorize the staff to inspect locations or systems of 
records on behalf of the committee.
    6.6 Written Interrogatories and Requests for Admissions. 
Written interrogatories and requests for admission may be 
authorized and issued by the Chairman, or Co-Chairman, and 
shall specify a date for filing an answer with the chief clerk. 
Written interrogatories and requests for admissions shall be 
answered under oath.
              rule 7. sensitive or confidential materials
    7.1 Nondisclosure. No member of the committee or its staff 
shall disclose, in whole or in part or by way of summary, to 
any person outside the committee and its staff, for any purpose 
or in connection with any proceeding, judicial or otherwise, 
any testimony taken, including the names of witnesses 
testifying, or material presented, in closed depositions or at 
closed hearings, or any confidential materials or information, 
unless authorized by the committee or the chairman.
    7.2 Nondisclosure Agreement. All members of the committee 
staff shall agree in writing, as a condition of employment, to 
abide by the conditions of a nondisclosure agreement 
promulgated by the committee.
    7.3 Violations. Allegations concerning unauthorized 
disclosure may be addressed by the committee or may be referred 
by a majority vote of the committee to the Select Committee on 
Ethics. Any member of the staff who fails to conform to the 
provisions of Rule 7 shall be subject to disciplinary sanction, 
including termination of employment.
    7.4 Applicability of Rules. For purposes of Rules 6 and 7, 
committee staff include the employees of the committee, 
detailees and consultants to the committee, and the officers 
and employees of the Office of Senate Legal Counsel who are 
required by the chairman to work on committee business.
                   rule 8. detailees and consultants
    The chairman shall have authority to use on a reimbursable 
basis, with the prior consent of the Committee on Rules and 
Administration, the services of personnel of any department or 
agency of the United States and shall have authority to procure 
the temporary or intermittent services of individual 
consultants or organizations.
                   rule 9. effective changes in rules
    These rules shall become effective upon publication in the 
Congressional Record. These rules may be modified, amended, or 
repealed by the committee, provided that all members are 
present or provide proxies or if a notice in writing of the 
proposed changes has been given to each member at least 48 
hours prior to the meeting at which action thereon is to be 
taken. The changes shall become effective immediately upon 
publication of the change rule or rules in the Congressional 
Record, or immediately upon approval of the changes if so 
resolved by the committee as long as any witnesses who may be 
affected by the change in rules are provided with them.
special investigatory committees

    7. HUD/MOD REHAB INVESTIGATION SUBCOMMITTEE OF THE COMMITTEE ON 
                  BANKING, HOUSING, AND URBAN AFFAIRS

                     [HUD/MOD REHAB INVESTIGATION]
                                   66

                    S. Res. 219, 101st Cong. (1989)
                     [135 Cong. Rec. 31379 (1989)]
    Resolved, That (a) section 6(b)(1) of the Senate Resolution 
66 (101st Congress), agreed to February 28, 1989, is amended by 
striking ``$1,000'' and inserting ``$61,000''.
    (b) Section 6(c)(1) of Senate Resolution 66 (101st 
Congress), agreed to February 28, 1989, is amended by striking 
``$1,000'' and inserting ``$81,000''.
    Sec. 2. HUD/MOD Rehab Investigation Subcommittee.
    Section 6 of Senate Resolution 66 (101st Congress), agreed 
to February 28, 1989, is amended by adding at the end thereof 
the following:
    ``(d)(1) The HUD/MOD Rehab Investigation Subcommittee 
(referred to as the `subcommittee'), a duly authorized 
subcommittee of the Committee on Banking, Housing, and Urban 
Affairs, is authorized to conduct an investigation beginning on 
November 10, 1989, through February 28, 1991, of the management 
and other activities of the Department of Housing and Urban 
Development, which occurred before January 1, 1989, surrounding 
the Moderate Rehabilitation Program under section 8 of the 
United States Housing Act of 1937 and related programs, 
including the use of FHA co-insurance and low income tax 
credits in connection with Moderate Rehabilitation projects. 
Such investigation shall include past administrative or 
programmatic developments that contributed to fraud and abuse 
in the section 8 Moderate Rehabilitation Program.
    ``(2) For the purpose of the investigation described in 
paragraph (1) the Committee on Banking, Housing, and Urban 
Affairs is authorized (A) to require, by subpoena or order, the 
attendance of witnesses and the production of correspondence, 
books, papers, documents, and other records; (B) to notice 
depositions for staff members of such Committee to examine 
witnesses and to receive evidence at staff depositions under 
oath administered by an individual authorized by local law to 
administer oaths; and (C) to require, by subpoena or order, the 
attendance of witnesses and the production of such records at 
such staff depositions. The authority of the Committee under 
this paragraph shall not be delegated to the subcommittee and 
may be exercised only by the Committee, either by the Chairman 
with the agreement of the Ranking Minority Member or by a 
majority vote of the Committee.
    ``(3) The subcommittee shall report its findings, together 
with such recommendations for legislation as it deems 
advisable, to the Senate Committee on Banking, Housing, and 
Urban Affairs to be referred to the Subcommittee on Housing at 
the earliest practicable date, but not later than February 28, 
1991.''.
pow/mia (1991-93)

special investigatory committees

                                  8. 

                     S. Res. 82, 102d Cong. (1991)
                    [137 Cong. Rec. 6363-64 (1991)]
    Resolved,
    Section 1. (a) There is established a temporary Select 
Committee on POW/MIA Affairs (hereafter in this resolution 
referred to as the ``select committee'') which shall consist of 
12 members, 6 to be appointed by the President pro tempore of 
the Senate upon recommendations of the Majority Leader from 
among members of the majority party, and 6 to be appointed by 
the President pro tempore of the Senate upon recommendations of 
the Minority Leader from among members of the minority party.
    (b) The Majority Leader shall select the chairman of the 
select committee.
    (c) The Minority Leader shall select the vice chairman of 
the select committee.
    (d) The service of a Senator as a member or chairman on the 
select committee shall not count for purposes of paragraph 4 of 
rule XXV of the Standing Rules of the Senate.
    (e) A majority of the members of the select committee shall 
constitute a quorum thereof for the transaction of business, 
except that the select committee may fix a lesser number as a 
quorum for the purpose of taking testimony. The select 
committee shall adopt rules of procedure not inconsistent with 
this resolution and the rules of the Senate governing standing 
committees of the Senate.
    (f) Vacancies in the membership of the select committee 
shall not affect the authority of the remaining members to 
execute the functions of the select committee.
    Sec. 2. (a) There shall be referred to the select 
committee, concurrently with referral to any other committee of 
the Senate with jurisdiction, all messages, petitions, 
memorials, and other matters relating to United States 
personnel unaccounted for from military conflicts.
    (b) Nothing in this resolution shall be construed as 
prohibiting or otherwise restricting the authority of any other 
committee of the Senate or as amending, limiting, or otherwise 
changing the authority of any standing committee of the Senate.
    Sec. 3. The select committee may, for the purposes of 
accountability to the Senate, make such reports to the Senate 
with respect to matters within its jurisdiction as it shall 
deem advisable which shall be referred to the appropriate 
committee. In making such reports, the select committee shall 
proceed in a manner consistent with the requirements of 
national security.
    Sec. 4. (a) For the purposes of this resolution, the select 
committee is authorized at its discretion (1) to make 
investigations into any matter within its jurisdiction, (2) to 
hold hearings, (3) to sit and act at any time or place during 
the sessions (subject to paragraph 5 of rule XXVI of the 
Standing Rules of the Senate), recesses, and adjourned periods 
of the Senate, (4) to require, by subpoena or otherwise, the 
attendance of witnesses and the production of correspondence, 
books, papers, and documents, (5) to make expenditures from the 
contingent fund of the Senate to carry out its functions and to 
employ personnel, subject to procedures of paragraph (9) of 
rule XXVI of the Standing Rules of the Senate, and (6) 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) The chairman of the select committee or any member 
thereof may administer oaths to witnesses.
    (c) Subpoenas authorized by a majority of the select 
committee shall be issued over the signature of the chairman 
and may be served by any person designated by the chairman.
    Sec. 5. (a) No employee of the select committee or person 
engaged to perform services for or at the request of such 
committee shall be given access to any classified information 
by such committee unless such employee or person has (1) agreed 
in writing and under oath to be bound by the rules of the 
Senate and of such committee as to the security of such 
information during and after the period of his employment or 
relationship with such committee; and (2) received an 
appropriate security clearance as determined by such committee 
in consultation with the Director of Central Intelligence. The 
type of security clearance to be required in the case of any 
such employee or person shall, within the determination of such 
committee in consultation with the Director of Central 
Intelligence, be commensurate with the sensitivity of the 
classified information to which such employee or person will be 
given access by such committee.
    (b) The select committee shall designate a security officer 
qualified to administer appropriate security procedures to 
ensure the protection of confidential and classified 
information in the possession of the select committee and shall 
make suitable arrangements, in consultation with the Office of 
Senate Security, for the physical protection and storage of 
classified information in its possession.
    Sec. 6. (a) The select committee shall formulate and carry 
out such rules and procedures as it deems necessary to prevent 
the disclosure, without the consent of the person or persons 
concerned, of information in the possession of such committee 
which unduly infringes upon the privacy or which violates the 
constitutional rights of such person or persons.
    (b) Nothing in this resolution shall be construed to 
prevent the select committee from publicly disclosing any such 
information in any case in which such committee determines the 
national interest in the disclosure of such information clearly 
outweighs any infringement on the privacy of any persons or 
persons.
    Sec. 7. The select committee is authorized to permit any 
personal representative of the President, designated by the 
President to serve as a liaison to such committee, to attend 
any closed meeting of such committee.
    Sec. 8. Paragraph 3(c) of rule XXV of the Standing Rules of 
the Senate is amended by adding at the end thereof the 
following:

``POW/MIA Affairs.................................................12.''.

    Sec. 9. The select committee shall terminate at the end of 
the One Hundred Second Congress. Upon termination of the select 
committee, all records, files, documents, and other materials 
in the possession, custody, or control of the select committee, 
under appropriate conditions established by the select 
committee, shall be transferred to the Secretary of the Senate.

                     S. Res. 185, 102d Cong. (1991)
                    [137 Cong. Rec. 26504-05 (1991)]
    Resolved, That (a) in carrying out its powers, duties, and 
functions under Senate Resolution 82, agreed to August 2, 1991 
(102nd Congress, 1st Session), and under this resolution, from 
August 2, 1991 through February 29, 1992, and from March 1, 
1992 until the end of the One Hundred Second Congress, through 
January 2, 1993, the Select Committee on POW/MIA Affairs 
(referred to in this resolution as the ``select committee'') is 
authorized in its discretion to--
          (1) make expenditures from the contingent fund of the 
        Senate; and
          (2) appoint and fix compensation of personnel.
    (b)(1) The expenses of the select committee for the period 
from August 2, 1991, through February 29, 1992, shall not 
exceed $540,300 of which amount not to exceed $53,000 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)).
    (2) The expenses of the select committee for the period 
from March 1, 1992 through January 2, 1993, shall not exceed 
$1,360,200 of which amount not to exceed $160,000 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)).
    (c) Expenditures from the contingent fund shall be paid out 
of the appropriations account for Expenses of Inquiries and 
Investigations upon vouchers approved by the chairman, except 
that vouchers shall not be required for--
          (1) the disbursement of salaries of employees who are 
        paid at an annual rate;
          (2) the payment of expenses for telecommunications 
        services provided by the Telecommunications Department, 
        Sergeant at Arms, United States Senate;
          (3) the payment of expenses for stationery supplies 
        purchased through the Keeper of the Stationery, United 
        States Senate;
          (4) the payment of expenses for postage to the 
        Postmaster, United States Senate; or
          (5) the payment of metered charges on copying 
        equipment provided by the Sergeant at Arms, United 
        States Senate.
    (d) There are authorized such sums as may be necessary for 
agency contributions related to the compensation of employees 
of the select committee to be paid from the appropriations 
account for Expenses of Inquiries and Investigations, in like 
manner as for the standing and permanent select committees of 
the Senate.
    (e) Of the funds authorized by this resolution for the 
funding period ending on the last day of February 1992, any 
unexpended balance remaining after such last day shall be 
transferred to a special reserve for this committee, which 
reserve shall be available to this committee for the period 
commencing March 1, 1992, and ending with the close of 
September 30, 1992, for the purpose of--
          (1) meeting any unpaid obligations incurred during 
        the funding period ending on the last day of February 
        1992; and
          (2) meeting expenses of such committee incurred after 
        such last day and prior to the close of September 30, 
        1992.
    Sec. 2. (a) In addition to all powers, duties, and 
functions vested in the Select Committee of POW/MIA Affairs by 
Senate Resolution 82, agreed to August 2, 1991 (102nd Congress, 
1st Session), the select committee is authorized to do the 
following:
          (1) To delegate to the chairman the power, with the 
        consent of the vice chairman, to authorize subpoenas 
        for the attendance of witnesses and the production of 
        correspondence, books, papers, documents, and other 
        records.
          (2) To (A) authorize staff to conduct depositions of 
        witnesses under oath, including oaths administered by 
        individuals authorized by local law to administer 
        oaths, for the purpose of taking testimony and 
        receiving correspondence, books, papers, documents, and 
        other records, and (B) require, by subpoena or order, 
        the attendance of witnesses and the production of 
        correspondence, books, papers, documents, and other 
        records at such staff depositions.
          (3) To make to the Senate any recommendations by 
        report or resolution, including recommendations for 
        criminal or civil enforcement, which the select 
        committee may consider appropriate with respect to (A) 
        the failure or refusal of any person to appear at a 
        hearing or deposition or to produce records, in 
        obedience to a subpoena or order, or (B) the failure or 
        refusal of any person to answer questions during his or 
        her appearance as a witness at a hearing or deposition.
          (4) To procure the temporary or intermittent services 
        of individual consultants, or organizations thereof, in 
        the same manner and under the same conditions as a 
        standing committee of the Senate may procure such 
        services under section 202(i) of the Legislative 
        Reorganization Act of 1946 (2 U.S.C. 72a(i)).
          (5) To (A) use, with the prior consent of the 
        chairman of any other Senate committee or the chairman 
        of any subcommittee of any committee of the Senate, the 
        facilities of any other Senate committees or the 
        services of any members of the staff of them whenever 
        the select committee or its chairman considers that 
        such action is necessary or appropriate to enable the 
        select committee to carry out its powers, duties, and 
        functions, and (B) pay the official travel expenses for 
        staff members of other committees used pursuant to this 
        resolution.
    (b) Any foreign travel by Members and employees required 
for the select committee shall be deemed to be on behalf of the 
Senate for purposes of Senate Resolution 179, agreed to May 25, 
1977 (95th Congress, 1st Session).
    (c) The Majority Leader and the Minority Leader may each 
select one investigator to serve on the staff of the select 
committee.
    (d) The Majority Leader and the Minority Leader shall serve 
as ex officio members of the select committee but shall have no 
vote in the select committee and shall not be counted for 
purposes of determining a quorum.
    Sec. 3. The disclosure of any classified information 
obtained by the select committee either directly from the 
Executive branch of the United States Government, through the 
Select Committee on Intelligence, or by other means, shall be 
governed by the provisions of section 8 of Senate Resolution 
400, agreed to May 19, 1976 (94th Congress, 2nd Session), 
except that references to the Select Committee on Intelligence 
in such section shall be deemed to be references to the select 
committee.



                     S. Res. 10, 103d Cong. (1993)
             [139 Cong. Rec. S48 (daily ed. Jan. 7, 1993)]
    Section 1. EXTENDED REPORTING TIME.
    Notwithstanding the provisions of Senate Resolution 282, 
agreed to August 2, 1991 (102d Congress, 1st Session), and 
Senate Resolution 185, agreed to October 16, 1991 (102d 
Congress, 1st Session), the Select Committee on POW/MIA Affairs 
is authorized to make expenditures from the appropriations 
account for Miscellaneous Items in the contingent fund of the 
Senate, upon vouchers approved by the Secretary of the Senate, 
for expenses incurred during the period from January 3, 1993, 
through January 13, 1993, in connection with the preparation 
and submission, prior to January 13, 1993, of its final report 
to the Senate, including printing and filing.
    Sec. 2. EFFECTIVE DATE.
    This resolution is effective January 2, 1993.


                    [137 Cong. Rec. 27022-24 (1991)]
               rule 1. convening of meetings and hearings
    1.1 Definitions. As used in these rules, the term 
``meeting'' includes a meeting to conduct a hearing. The term 
``hearing'' is used to describe any meeting of the committee 
for the purpose of receiving testimony.
    1.2 Calling of Meetings. The committee shall meet at the 
call of the chairman. The members of the committee may call 
special meetings as provided in Senate Rule XXVI(3).
    1.3 Notice of Hearings. The committee shall publicly 
announce the date, place, and subject matter of any hearing at 
least one week before its commencement. A hearing may be called 
on shorter notice if the chairman, after consultation with the 
vice chairman, determines that there is a good cause to begin 
it at an earlier date.
    1.4 Presiding Officer. The chairman shall preside when 
present. If the chairman is not present at any meeting, the 
vice chairman shall preside. The chairman may designate any 
member of the committee to preside in the absence of the 
chairman or vice chairman.
               rule 2. open and closed sessions and media
    2.1 Procedure. All meetings shall be open to the public 
unless closed. To close all or part of a meeting, or a series 
of meetings for a period of no more than 14 days, the committee 
shall vote in open session by a record vote, including proxy 
votes, of a majority of the members of the committee. If 
discussion is necessary, a motion shall be made and seconded to 
go into closed session to discuss whether the meeting will 
concern the matters enumerated in Rule 2.2. Immediately after 
such discussion the committee shall return to open session and 
the meeting may then be closed by a record vote.
    2.2 Closed Session Subjects. A meeting may be closed if the 
matters to be discussed concern: (1) national security or the 
confidential conduct of foreign relations; (2) committee staff 
personnel or internal staff management or procedure; (3) 
matters tending to reflect adversely on the character or 
reputation, or to invade the privacy, of any individuals; (4) 
matters that will disclose the identity of any informer or 
undercover 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; or (5) other matters 
enumerated in Senate Rule XXVI(5)(b).
    2.3 Representative of the President. The presiding officer 
at any closed meeting or hearing may permit any personal 
representative of the President, designated by the President to 
serve as a liaison to the committee, to attend the closed 
meeting.
    2.4 Witness Request. Any witness may submit to the 
chairman, no later than 24 hours in advance of a hearing, a 
written request that he or she [be] examined in closed or open 
session. The chairman shall inform the committee of the 
request, and the committee shall take such action pursuant to 
Rule 2.1 as it deems appropriate.
    2.5 Media. Any meeting open to the public may be covered by 
television, radio, or still photography. Coverage must be 
conducted in an orderly and unobtrusive manner. The presiding 
officer, in exercising his or her responsibility for the 
conduct of meetings, may order that the use of cameras, 
microphones, and lights adhere to standards which the select 
committee deems appropriate, taking into account the concerns 
of any witness. For good cause the presiding officer may 
terminate coverage in whole or in part or take other action to 
promote orderly proceedings or for the protection of witnesses.
                       rule 3. quorums and voting
    3.1 In General. A majority of members of the committee[] 
shall constitute a quorum for reporting to the Senate and for 
the transaction of other business.
    3.2 Testimony. One member shall constitute a quorum for 
taking testimony.
    3.3 Proxies. Proxies shall be in writing, and shall be 
filed with the chief clerk by the absent member or by a member 
present at the meeting. Proxies shall contain sufficient 
reference to the pending matter to show that the absent member 
has been informed of it and has affirmatively requested that he 
or she be recorded as voting on it. Proxies shall not be 
counted towards a quorum.
    3.4 Polling. 
    (a) Subjects. The committee may poll only (1) internal 
committee matters including the committee's staff, records, and 
budget; (2) authorization for steps in any investigation within 
its jurisdiction, including the authorization and issuance of 
subpoenas, applications for immunity orders, and requests for 
documents; (3) other committee business, not including a vote 
on reporting to the Senate, that the committee at a meeting has 
designated for polling at a subsequent time.
    (b) Procedure. At the direction of the committee or the 
chairman, the chief clerk shall distribute a polling form to 
each member specifying the matter being polled and the time 
limit for completion of the poll. If any member so requests, 
the matter shall be held for consideration at a meeting. If the 
chairman, with the approval of a majority of the members, 
determines that the polled matter is in one of the areas 
enumerated in Rule 2.2, the record of the poll shall be 
confidential. The chief clerk shall keep a record of polls, and 
shall notify the members of the committee of the results of 
each poll. In order for a proposition to be approved by poll, a 
majority of the members of the committee must have responded to 
the poll and a majority of those responding must have voted in 
the affirmative.
                           rule 4. subpoenas
    4.1 Authorization. Subpoenas shall be authorized either by 
a majority of the committee or by the chairman with the consent 
of the vice chairman, and shall be issued by the chairman. 
Subpoenas may be served by any person designated by the 
chairman. The chief clerk shall keep a log, and a file, of all 
subpoenas.
    4.2 Return. A subpoena duces tecum or order for records may 
be issued whose return shall occur at a time and place other 
than at a meeting. When a return on such a subpoena or order is 
incomplete or accompanied by an objection, the chairman, after 
consultation with the vice chairman, may convene a meeting, 
including a hearing on shortened notice, to determine the 
adequacy of the return and to rule on the objection, or may 
refer the issues raised by the return for decision by poll of 
the committee. At a hearing on such a return one member shall 
constitute a quorum.
                            rule 5. hearings
    5.1 Notice. Witnesses shall be given at least 48 hours 
notice, unless the chairman, after consultation with the vice 
chairman, determines that extraordinary circumstances warrant 
shorter notice, and all witnesses shall be furnished with 
copies of Senate Resolution 82 (102d Congress, 1st Session), 
Senate Resolution 185 (102d Congress, 1st Session), and these 
rules.
    5.2 Oath. All witnesses who testify to matters of fact 
shall be sworn unless the committee authorizes waiver of an 
oath. Any member of the committee may administer oaths to 
witnesses.
    5.3 Statement. Any witness desiring to make an introductory 
statement shall file 40 copies of the statement with the 
chairman or chief clerk 48 hours in advance of the appearance 
unless the chairman determines that there is good cause to 
modify either of these requirements. A witness may be required 
to summarize a prepared statement if it exceeds ten minutes. 
Unless the committee determines otherwise, a witness who 
appears before the committee under a grant of immunity shall 
not be permitted to make an introductory or other statement and 
may be required to testify only in response to questions posed 
directly by committee members or committee staff.
    5.4 Counsel.
    (a) Presence. A witness' counsel shall be permitted to be 
present during the witness' testimony at any open hearing, 
closed hearing, or deposition, or at any staff interview of the 
witness, to advise the witness of his or her 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 chairman or the committee 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 shall be represented by personal 
counsel not from the government, corporation, or association or 
not representing other witnesses.
    (b) Inability To Obtain Counsel. A witness who is unable 
for indigence or other reason to obtain counsel shall inform 
the committee at least 48 hours prior to the witness' 
appearance and the committee will endeavor to obtain volunteer 
counsel for the witness. Failure to obtain counsel will not 
excuse the witness from appearing and testifying.
    (c) Conduct. Counsel shall behave in an ethical and 
professional manner. Failure to do so shall, upon a finding to 
that effect by a majority of the members present, subject 
counsel to disciplinary action, which may include warning, 
censure, or ejection.
    5.5 Transcript. An accurate electronic or stenographic 
record shall be kept of all testimony in open and closed 
hearings. At a witness' request and expense, access to a copy 
of the transcription of a witness' testimony in open or closed 
session shall be provided to the witness. Upon inspecting the 
transcript, within a time limit set by the chief clerk, a 
witness may in writing request changes in the transcript to 
correct errors of transcription. A witness may also request 
that specified grammatical errors and obvious errors of fact be 
corrected for the purpose of any printed record of the witness' 
testimony. The chairman or a staff officer designated by the 
chairman shall rule on such requests.
    5.6 Impugned Persons. Any person who believes that evidence 
presented, or comment made by a member or staff, 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 shall be placed in the hearing 
record;
    (b) request the opportunity to appear personally before the 
committee to testify in his or her own behalf; or
    (c) request that submitted written questions be used for 
the cross-examination of witnesses called by the committee. The 
chairman shall inform the committee of requests for appearance 
or cross-examination. If the committee so decides, the 
requested questions, or paraphrased versions or portions of 
them, shall be put to the other witnesses by a member or by 
staff.
    5.7 Additional Witnesses. Any four members of the committee 
shall be entitled, upon a timely request made to the chairman, 
to call additional witnesses or to require the production of 
documents during at least one day of hearing.
    5.8 Objections. The presiding officer shall rule on any 
objections at a hearing, which ruling shall be the ruling of 
the committee unless a majority of the committee disagrees with 
the ruling. In the case of a tie, the vote of the chairman 
shall prevail.
    rule 6. depositions, examination of records, and interrogatories
    6.1 Authorization for Depositions. The chairman and the 
vice chairman, acting jointly, may authorize the taking of a 
deposition. The authorization shall specify a time and place 
for examination, and the name of the staff member or members 
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 unless any notice 
of the deposition was accompanied by a subpoena authorized by 
the committee.
    6.2 Counsel at Depositions. Witnesses may be accompanied at 
a deposition by counsel to advise them of their rights, subject 
to the provisions of Rule 5.4.
    6.3 Deposition Procedures. Witnesses at depositions shall 
be examined upon oath administered by a committee member or an 
individual authorized by local law to administer oaths. 
Questions shall be propounded orally by staff members. 
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 
committee 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. The ruling may be sought from 
the chairman of the committee or, in the absence of the 
chairman, from the vice chairman, or, in the absence of both 
the chairman and the vice chairman, from any member designated 
by the chairman. The member from whom the ruling is sought may 
rule on the objection, and order the witness to answer the 
question if the objection is overruled, or may refer the matter 
to the committee for ruling. The committee shall not initiate 
procedures leading to civil or criminal enforcement unless the 
witness refuses to testify after having been ordered to answer.
    6.4 Deposition Transcripts. An accurate electronic or 
stenographic record shall be kept of all testimony at 
depositions. If a transcript is prepared, the witness shall be 
furnished with a copy, or access to a copy, for review. No 
later than five days thereafter, if a copy is provided, the 
witness shall return it with his or her signature, and the 
staff may enter or append to the transcript the changes, if 
any, requested by the witness in accordance with the procedures 
established by Rule 5.5. If the witness fails to return a 
signed copy the staff shall note on the transcript the date a 
copy was provided and the failure to return it. 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. Committee staff may stipulate with the witness to 
changes in this procedure. Objections to errors in this 
procedure that might be cured if promptly presented are waived 
unless timely objection is made.
    6.5 Examination of Records. The committee or the chairman 
and vice chairman, acting jointly, may authorize the staff to 
inspect locations or systems of records on behalf of the 
committee.
    6.6 Written Interrogatories. Written interrogatories may be 
authorized by the committee or the chairman and vice chairman, 
acting jointly, and issued by the chairman, or, in the absence 
of the chairman, by the vice chairman, or, in the absence of 
both the chairman and the vice chairman, by any member 
designated by the chairman, and shall specify a date for filing 
an answer with the chief clerk. Written interrogatories shall 
be answered under oath.
rule 7. procedures for handling of confidential or classified materials
    7.1 Security. Committee offices shall operate under strict 
security precautions. The chairman or vice chairman may request 
the Senate Sergeant at Arms and the Office of Senate Security 
to provide assistance necessary to ensure strict security.
    7.2 Confidential or Classified Materials. Confidential or 
classified materials shall be segregated in a secure storage 
area under the supervision of the committee's security officer. 
The committee shall adopt security regulations, in consultation 
with the Office of Senate Security, governing the handling of 
confidential or classified materials. The chairman may enter 
into agreements to obtain materials and information under 
assurances concerning confidentiality. Each member of the 
committee shall be notified of such agreements.
    7.3 Privacy Interests. Before disclosing publicly 
information that could adversely affect the privacy or other 
legitimate interests of any person, the committee shall 
carefully consider that person's interests, but the committee 
may disclose publicly any information for which it determines 
that the national interest in disclosure outweighs the privacy 
or other interests of the persons concerned.
    7.4 Access. Staff access to classified materials shall be 
limited to staff members with appropriate security clearances 
and a need to know, as determined by the chairman and vice 
chairman, in consultation with the Director of Central 
Intelligence. The committee shall adopt internal guidelines 
governing staff access to particular categories of classified 
materials, which shall be applied by the chairman and vice 
chairman. Staff access to confidential materials may be limited 
by the chairman and vice chairman.
    7.5 Nondisclosure. No member of the committee or its staff 
shall disclose, in whole or in part or by way of summary, to 
any person outside the committee and its staff, for any purpose 
or in connection with any proceeding, judicial or otherwise, 
any testimony taken, including the names of witnesses 
testifying, or material presented, in closed hearings, or any 
confidential materials or information, including the results of 
the committee's investigation and any proposed or otherwise 
non-public conclusions of the committee, unless authorized by 
the committee or the chairman.
    7.6 Nondisclosure Agreement. All members of the committee 
staff shall agree in writing, as a condition of employment or 
agreement for the provision of services, to abide by the 
conditions of the nondisclosure agreement promulgated by the 
committee pursuant to section 5(a)(1) of Senate Resolution 82.
    7.7 Violations. Allegations concerning unauthorized 
disclosure may be addressed by the committee or may be referred 
by a majority vote of the committee to the Select Committee on 
Ethics in accordance with section 8 of Senate Resolution 400 
(94th Congress, 2d Session), as made applicable to this 
committee by Senate Resolution 185. Any member of the staff who 
fails to conform to the provisions of Rule 7 shall be subject 
to disciplinary sanction, including termination of employment 
or agreement for the provision of services.
    7.8 Applicability of Rules. For purposes of Rule 7, 
committee staff include the employees of the committee, staff 
designated by the members, with the approval of the chairman, 
to work on committee business, other officers and employees of 
the Senate who are requested by the chairman to work on 
committee business, and detailees and consultants to the 
committee, including any person engaged to perform services for 
or at the request of the committee.
   rule 8. detailees, consultants, and assistance of other committees
    8.1 Detailees and Consultants. The chairman and vice 
chairman, acting jointly, shall have authority to use on a 
reimbursable or nonreimbursable basis, with the prior consent 
of the Committee on Rules and Administration, the services of 
personnel of any department or agency of the United States and 
shall have authority to procure the temporary or intermittent 
services of individual consultants or organizations.
    8.2 Assistance of Other Committees. The chairman and vice 
chairman, acting jointly, may request the chairman of any 
Senate committee or subcommittee for consent to utilize the 
facilities of any such committee or the services of any members 
of its staff for the purpose of enabling this committee to 
perform its responsibilities under Senate Resolution 82 and 
Senate Resolution 185.
    8.3 Scope of Authority. Detailees, consultants, and staff 
of other committees who provide services to the committee 
pursuant to Rule 8 shall be deemed to be staff of the committee 
for all purposes under these rules.
                         rule 9. foreign travel
    No member of the committee or its staff shall travel abroad 
on committee business unless specifically authorized by the 
President pro tempore, Majority Leader, or Minority Leader of 
the Senate, in accordance with Senate Resolution 179 (95th 
Congress, 1st Session). All requests for authorization of such 
travel shall first be presented to the chairman and vice 
chairman for approval and shall state the extent, nature, and 
purpose of the proposed travel. When the foreign travel of a 
member of the staff not accompanying a member of the committee 
has been authorized, all members of the committee shall be 
advised, prior to the commencement of such travel, of its 
extent, nature, and purpose.
            rule 10. effectiveness of rules and rule changes
    These rules shall become effective upon publication in the 
Congressional Record. These rules may be modified, amended, or 
repealed by the committee, provided that all members are 
present or provided proxies or if a notice in writing of the 
proposed changes has been given to each member at least 48 
hours prior to the meeting at which action thereon is to be 
taken. The changes shall become effective immediately upon 
publication of the changed rule or rules in the Congressional 
Record.
funding

special investigatory committees

                   9. COMMITTEE ON FOREIGN RELATIONS

                    [OCTOBER SURPRISE INVESTIGATION]

                                FUNDING
                   [137 Cong. Rec. 4706, 4708 (1991)]

                     S. Res. 62, 102d Cong. (1991)
    Resolved, That this resolution may be cited as the 
``Omnibus Committee Funding Resolution for 1991 and 1992''.
          * * * * * * *

                     committee on foreign relations
    Sec. 12. (a) 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, 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 Foreign 
Relations is authorized from March 1, 1991, through February 
29, 1992, and March 1, 1992, through February 28, 1993, 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) The expenses of the committee for the period March 1, 
1991, through February 29, 1992, under this section shall not 
exceed $2,774,561, of which amount (1) not to exceed $45,000 
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, as amended), and (2) not to exceed $1,000 may be expended 
for the training of the professional staff of such committee 
(under procedures specified by section 202(j) of such Act).
    (c) For the period March 1, 1992, through February 28, 
1993, expenses of the committee under this section shall not 
exceed $2,891,437, of which amount not to exceed $45,000 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, as 
amended), and (2) not to exceed $1,000 may be expended for the 
training of the professional staff of such committee (under 
procedures specified by section 202(j) of such Act).

                        INVESTIGATIVE PROCEDURE
         [S. Prt. No. 102-125, 102d Cong., 2d Sess. 7-8 (1992)]
                            1. jurisdiction
    The Committee has substantive jurisdiction over the matters 
in this investigation in accordance with Foreign Relations Rule 
1(a)(15), relating to the protection of United States citizens 
abroad, and Foreign Relations Rule 1(a)(16), pertaining to 
relations of the United States with foreign nations generally. 
The Committee also has general oversight jurisdiction pursuant 
to Foreign Relations Rule 1(b). The subcommittee's proceedings 
in this investigation are governed by the rules of the full 
Committee.
                      2. investigation guidelines
    The conduct of this investigation has been governed by the 
following Guiding Principles as adopted by Senator Sanford and 
Senator Jeffords in October 1991:
          (a) Focus: The focus of the investigation will be 
        upon any action taken prior to the 1980 elections by 
        private citizens or Government officials to manipulate 
        the timing of the release of the hostages.
          (b) Investigation: The investigation will be 
        conducted professionally and without fanfare. Public 
        hearings or public discussions will not be conducted 
        unless and until the subcommittee determines there is 
        sufficient credible evidence to warrant same.
          (c) Non-Partisan: We have agreed that all matters 
        will be decided by the chairman and the ranking 
        minority member. The special counsel has been selected 
        in this manner as will be the rest of the staff.
          (d) Staff: All staff who are engaged in the 
        investigation will be under the direct supervision of 
        the chairman and the ranking minority member.
          (e) Confidentiality: All travel or evidence 
        (including, but not limited to, persons, places or 
        documents) will be available only on a ``need to know'' 
        basis as determined by the chairman and the ranking 
        minority member of the subcommittee. In addition, the 
        chairman and the ranking minority member of the 
        subcommittee will periodically provide the chairman and 
        the ranking minority member of the full committee a 
        general description of the avenues of inquiry, the 
        progress of the investigation and the types of 
        individuals being investigated.
          (f) Press: We will issue an initial press release to 
        name the special counsel, thereafter there will be no 
        public statements made about the content of the 
        investigation until such time as the subcommittee has 
        formally acted upon its findings.
          (g) House of Representatives: We will cooperate with 
        the House Task Force to reduce time and expenditures, 
        but will not compromise the need for confidentiality, 
        security or non-partisanship.
whitewater i (1994)

special investigatory committees

          10. COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

                      [WHITEWATER I INVESTIGATION]

                     S. Res. 229, 103d Cong. (1994)
            [140 Cong. Rec. S7196 (daily ed. June 21, 1994)]
    Resolved,
SECTION 1. SCOPE OF THE HEARINGS.
    The Committee on Banking, Housing, and Urban Affairs 
(referred to as the ``committee'') shall--
          (1) conduct hearings into whether improper conduct 
        occurred regarding--
                  (A) communications between officials of the 
                White House and the Department of the Treasury 
                or the Resolution Trust Corporation relating to 
                the Whitewater Development Corporation and the 
                Madison Guaranty Savings and Loan Association;
                  (B) the Park Service Police investigation 
                into the death of White House Deputy Counsel 
                Vincent Foster; and
                  (C) the way in which White House officials 
                handled documents in the office of White House 
                Deputy Counsel Vincent Foster at the time of 
                his death; and
          (2)(A) make such findings of fact as are warranted 
        and appropriate;
          (B) make such recommendations, including 
        recommendations for new legislation and amendments to 
        existing laws and any administrative or other actions, 
        as the committee may determine to be necessary or 
        desirable; and
          (C) fulfill the Constitutional oversight and 
        informing function of the Congress with respect to the 
        matters described in this section.
The hearings authorized by this resolution shall begin on a 
date determined by the Majority Leader, in consultation with 
the Minority Leader, but no later than the earlier of July 29, 
1994, or within 30 days after the conclusion of the first phase 
of the independent counsel's investigation.
SEC. 2. MEMBERSHIP, ORGANIZATION, AND JURISDICTION OF THE COMMITTEE FOR 
        PURPOSES OF THE HEARINGS.
    (a)(1) For the sole purpose of conducting the hearings 
authorized by this resolution, the committee shall consist of--
          (A) the members of the Committee on Banking, Housing, 
        and Urban Affairs, who shall, in serving as members of 
        the committee, reflect the legislative and oversight 
        interests of other committees of the Senate with a 
        jurisdictional interest (if any) in the hearings 
        authorized in paragraph (1) of section 1 as provided in 
        subparagraph (B);
          (B)(i) Senator Kerry and Senator Bond from the 
        Committee on Small Business;
          (ii) Senator Reigle and Senator Roth from the 
        Committee on Finance;
          (iii) Senator Shelby and Senator Domenici from the 
        Subcommittee on Public Lands, Parks, and Forests of the 
        Committee on Energy and Natural Resources;
          (iv) Senator Moseley-Bruan from the Committee on the 
        Judiciary; and
          (v) Senator Sasser and Senator Roth from the 
        Permanent Subcommittee on Investigations; and
          (C) the ranking member of the Committee on the 
        Judiciary who shall serve for purposes of considering 
        matters within the jurisdiction of the Committee on the 
        Judiciary, but shall not serve as a voting member of 
        the committee.
    (2) For the purpose of paragraph 4 of rule XXV of the 
Standing Rules of the Senate, service of the ranking member of 
the Committee on the Judiciary as a member of the committee 
shall not be taken into account.
    (b) The jurisdiction of the committee shall encompass the 
jurisdiction of the committees and subcommittees listed in 
subsection (a)(1)(B), to the extent, if any, pertinent to the 
hearings authorized by this resolution.
    (c) A majority of the members of the committee shall 
constitute a quorum for reporting a matter or recommendation to 
the Senate, except that the committee may fix a lesser number 
as a quorum for the purpose of taking testimony before the 
committee or for conducting the other business of the committee 
as provided in paragraph 7 of rule XXVI of the Standing Rules 
of the Senate.
SEC. 3. ADDITIONAL STAFF FOR THE COMMITTEE.
    (a) The committee, through the chairman, may request and 
use, with the prior consent of the chairman of any committee or 
subcommittee listed in section 2(a)(1)(B), the services of 
members of the staff of such committee or subcommittee.
    (b) In addition to staff provided pursuant to subsection 
(a) and to assist the committee in its hearings, the chairman 
may appoint and fix the compensation of additional staff.
SEC. 4. PUBLIC ACTIVITIES OF THE COMMITTEE.
    (a) Consistent with the rights of persons subject to 
investigation and inquiry, the committee shall make every 
effort to fulfill the right of the public and the Congress to 
know the essential facts and implications of the activities of 
officials of the United States Government with respect to the 
matters covered by the hearings as described in section 1.
    (b) In furtherance of the public's and Congress' right to 
know, the committee--
          (1) shall hold, as the chairman (in consultation with 
        the ranking member) considers appropriate and in 
        accordance with paragraph 5(b) of rule XXVI of the 
        Standing Rules of the Senate, open hearings subject to 
        consultation and coordination with the independent 
        counsel appointed pursuant to title 28, parts 600 and 
        603, of the Code of Federal Regulations (referred to as 
        the ``independent counsel'');
          (2) may make interim reports to the Senate as it 
        considers appropriate; and
          (3) shall, in order to accomplish the purposes set 
        forth in subsection (a), make a final comprehensive 
        public report to the Senate of the findings of fact and 
        any recommendations specified in paragraph (2) of 
        section 1.
SEC. 5. POWERS OF THE COMMITTEE.
    (a) The committee shall do everything necessary and 
appropriate under the laws and Constitution of the United 
States to conduct the hearings specified in section 1.
    (b) The committee is authorized to exercise all of the 
powers and responsibilities of a committee under rule XXVI of 
the Standing Rules of the Senate and section 705 of the Ethics 
in Government Act of 1978 (2 U.S.C. 288d), including the 
following:
          (1) To issue subpoenas or orders for the attendance 
        of witnesses or for the production of documentary or 
        physical evidence before the committee. A subpoena may 
        be authorized by the committee or by the chairman with 
        the agreement of the ranking member and may be issued 
        by the chairman or any other member designated by the 
        chairman, and may be served by any person designated by 
        the chairman or the authorized member anywhere within 
        or without the borders of the United States to the full 
        extent permitted by law. The chairman of the committee, 
        or any other member thereof, is authorized to 
        administer oaths to any witnesses appearing before the 
        committee.
          (2) Except that the committee shall have no authority 
        to exercise the powers of a committee under section 
        6005 of title 18, United States Code for immunizing 
        witnesses.
          (3) To procure the temporary or intermittent services 
        of individual consultants, or organizations, thereof.
          (4) To use on a reimbursable basis, with the prior 
        consent of the Government department or agency 
        concerned, the services of personnel of such department 
        or agency.
          (5) To report violations of any law to the 
        appropriate Federal, State, or local authorities.
          (6) To expend, to the extent the committee determines 
        necessary and appropriate, any money made available to 
        such committee by the Senate to conduct the hearings 
        and to make the reports authorized by this resolution.
          (7) To require by subpoena or order the attendance, 
        as witnesses, before the committee or at depositions, 
        any person who may have knowledge or information 
        concerning matters specified in section 1(1).
          (8) To take depositions under oath anywhere within 
        the United States, to issue orders by the chairman or 
        his designee which require witnesses to answer written 
        interrogatories under oath, and to make application for 
        issuance of letters rogatory.
          (9) To issue commissions and to notice depositions 
        for staff members to examine witnesses and to receive 
        evidence under oath administered by an individual 
        authorized by law to administer oaths. The committee, 
        acting through the chairman, may delegate to designated 
        staff members the power to authorize and issue 
        commissions and deposition notices.
    (c)(1) Subject to the provisions of paragraph (2), the 
committee shall be governed by the rules of the Committee on 
Banking, Housing, and Urban Affairs, except that the committee 
may modify its rules for purposes of the hearings conducted 
under this resolution. The committee shall cause any such 
amendments to be published in the Congressional Record.
    (2) The committee's rules shall be consistent with the 
Standing Rules of the Senate and this resolution.
SEC. 6. RELATION TO OTHER INVESTIGATIONS.
    In order to--
          (1) expedite the thorough conduct of the hearings 
        authorized by this resolution;
          (2) promote efficiency among all the various 
        investigations underway in all branches of the United 
        States Government; and
          (3) engender a high degree of confidence on the part 
        of the public regarding the conduct of such hearing, 
        the committee is encouraged--
                  (A) to obtain relevant information concerning 
                the status of the independent counsel's 
                investigation to assist in establishing a 
                hearing schedule for the committee; and
                  (B) to coordinate, to the extent practicable, 
                its activities with the investigation of the 
                independent counsel.
SEC. 7. SALARIES AND EXPENSES.
    Senate Resolution 71 (103d Congress) is amended--
          (1) in section 2(a) by striking ``$56,428,119'' and 
        inserting ``$56,828,119''; and
          (2) in section 6(c) by striking ``$3,220,767'' and 
        inserting ``$3,620,767''.
SEC. 8. REPORTS; TERMINATION.
    (a) The committee shall make the final public report to the 
Senate required by section 4(b) not later than the end of the 
103d Congress.
    (b) The final report of the committee may be accompanied by 
whatever confidential annexes are necessary to protect 
confidential information.
    (c) The authorities granted by this resolution shall 
terminate 30 days after submission of the committee's final 
report. All records, files, documents, and other materials in 
the possession, custody, or control of the committee shall 
remain under the control of the regularly constituted Committee 
on Banking, Housing, and Urban Affairs.
SEC. 9. COMMITTEE JURISDICTION AND RULE XXV.
    The jurisdiction of the committee is granted pursuant to 
this resolution notwithstanding the provisions of paragraph 1 
of rule XXV of the Standing Rules of the Senate relating to the 
jurisdiction of the standing committees of the Senate.
SEC. 10. COMMITTEE FUNDING AND RULE XXVI.
    The supplemental authorization for the committee is granted 
pursuant to this resolution notwithstanding the provisions of 
paragraph 9 of rule XXVI of the Standing Rules of the Senate.
SEC. 11. ADDITIONAL HEARINGS.
    (a) In the fulfillment of the Senate's constitutional 
oversight role, additional hearings on the matters identified 
in the resolution passed by the Senate by a vote of 98-0 on 
March 17, 1994, should be authorized as appropriate under, and 
in accordance with, the provisions of that resolution.
    (b) Any additional hearings should be structured and 
sequenced in such a manner that in the judgment of the two 
leaders they would not interfere with the ongoing investigation 
of Special Counsel Robert B. Fiske, Jr.
whitewater ii (1995-96)

special investigatory committees

          11. COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

                     [WHITEWATER II INVESTIGATION]

                    S. Res. 120, 104th Cong. (1995)
            [141 Cong. Rec. S6784 (daily ed. May 17, 1995)]
    Resolved,
SECTION 1. ESTABLISHMENT OF SPECIAL COMMITTEE.
    (a) Establishment.--There is established a special 
committee administered by the Committee on Banking, Housing, 
and Urban Affairs to be known as the ``Special Committee to 
Investigate Whitewater Development Corporation and Related 
Matters'' (hereafter in this resolution referred to as the 
``special committee'').
    (b) Purposes.--The purposes of the special committee are--
          (1) to conduct an investigation and public hearings 
        into, and study of, whether improper conduct occurred 
        regarding the way in which White House officials 
        handled documents in the office of White House Deputy 
        Counsel Vincent Foster following his death;
          (2) to conduct an investigation and public hearings 
        into, and study of, the following matters developed 
        during, or arising out of, the investigation and public 
        hearings concluded by the Committee on Banking, 
        Housing, and Urban Affairs prior to the adoption of 
        this resolution--
                  (A) whether any person has improperly handled 
                confidential Resolution Trust Corporation 
                (hereafter in this resolution referred to as 
                the ``RTC'') information relating to Madison 
                Guaranty Savings and Loan Association or 
                Whitewater Development Corporation, including 
                whether any person has improperly communicated 
                such information to individuals referenced 
                therein;
                  (B) whether the White House has engaged in 
                improper contacts with any other agency or 
                department in the Government with regard to 
                confidential RTC information relating to 
                Madison Guaranty Savings and Loan Association 
                or Whitewater Development Corporation;
                  (C) whether the Department of Justice has 
                improperly handled RTC criminal referrals 
                relating to Madison Guaranty Savings and Loan 
                Association or Whitewater Development 
                Corporation;
                  (D) whether RTC employees have been 
                improperly importuned, prevented, restrained, 
                or deterred in conducting investigations or 
                making enforcement recommendations relating to 
                Madison Guaranty Savings and Loan Association 
                or Whitewater Development Corporation; and
                  (E) whether the report issued by the Office 
                of Government Ethics on July 31, 1994, or 
                related transcripts of deposition testimony--
                          (i) were improperly released to White 
                        House officials or others prior to 
                        their testimony before the Committee on 
                        Banking, Housing, and Urban Affairs 
                        pursuant to Senate Resolution 229 (103d 
                        Congress); or
                          (ii) were used to communicate to 
                        White House officials or to others 
                        confidential RTC information relating 
                        to Madison Guaranty Savings and Loan 
                        Association or Whitewater Development 
                        Corporation;
          (3) to conduct an investigation and public hearings 
        into, and study of, all matters that have any tendency 
        to reveal the full facts about--
                  (A) the operations, solvency, and regulation 
                of Madison Guaranty Savings and Loan 
                Association, and any subsidiary, affiliate, or 
                other entity owned or controlled by Madison 
                Guaranty Savings and Loan Association;
                  (B) the activities, investments, and tax 
                liability of Whitewater Development Corporation 
                and, as related to Whitewater Development 
                Corporation, of its officers, directors, and 
                shareholders;
                  (C) the policies and practices of the RTC and 
                the Federal banking agencies (as that term is 
                defined in section 3 of the Federal Deposit 
                Insurance Act) regarding the legal 
                representation of such agencies with respect to 
                Madison Guaranty Savings and Loan Association;
                  (D) the handling by the RTC, the Office of 
                Thrift Supervision, the Federal Deposit 
                Insurance Corporation, and the Federal Savings 
                and Loan Insurance Corporation of civil or 
                administrative actions against parties 
                regarding Madison Guaranty Savings and Loan 
                Association;
                  (E) the sources of funding and the lending 
                practices of Capital Management Services, Inc., 
                and its supervision and regulation by the Small 
                Business Administration, including any alleged 
                diversion of funds to Whitewater Development 
                Corporation;
                  (F) the bond underwriting contracts between 
                Arkansas Development Finance Authority and 
                Lasater & Company; and
                  (G) the lending activities of Perry County 
                Bank, Perryville, Arkansas, in connection with 
                the 1990 Arkansas gubernatorial election;
          (4) to make such findings of fact as are warranted 
        and appropriate;
          (5) to make such recommendations, including 
        recommendations for legislative, administrative, or 
        other actions, as the special committee may determine 
        to be necessary or desirable; and
          (6) to fulfill the constitutional oversight and 
        informational functions of the Congress with respect to 
        the matters described in this section.
SEC. 2. MEMBERSHIP AND ORGANIZATION OF THE SPECIAL COMMITTEE.
    (a) Membership.--
          (1) In general.--The special committee shall consist 
        of--
                  (A) the members of the Committee on Banking, 
                Housing, and Urban Affairs; and
                  (B) the chairman and ranking member of the 
                Committee on the Judiciary, or their designees 
                from the Committee on the Judiciary.
          (2) Senate rule xxv.--For the purpose of paragraph 4 
        of rule XXV of the Standing Rules of the Senate, 
        service of a Senator as the chairman or other member of 
        the special committee shall not be taken into account.
    (b) Organization of Special Committee.--
          (1) Chairman.--The chairman of the Committee on 
        Banking, Housing, and Urban Affairs shall serve as the 
        chairman of the special committee (hereafter in this 
        resolution referred to as the ``chairman'').
          (2) Ranking member.--The ranking member of the 
        Committee on Banking, Housing, and Urban Affairs shall 
        serve as the ranking member of the special committee 
        (hereafter in this resolution referred to as the 
        ``ranking member'').
          (3) Quorum.--A majority of the members of the special 
        committee shall constitute a quorum for the purpose of 
        reporting a matter or recommendation to the Senate. A 
        majority of the members of the special committee, or 
        one-third of the members of the special committee if at 
        least one member of the minority party is present, 
        shall constitute a quorum for the conduct of other 
        business. One member of the special committee shall 
        constitute a quorum for the purpose of taking 
        testimony.
    (c) Rules and Procedures.--Except as otherwise specifically 
provided in this resolution, the special committee's 
investigation, study, and hearings shall be governed by the 
Standing Rules of the Senate and the Rules of Procedure of the 
Committee on Banking, Housing, and Urban Affairs. The special 
committee may adopt additional rules or procedures not 
inconsistent with this resolution or the Standing Rules of the 
Senate if the chairman and ranking member agree that such 
additional rules or procedures are necessary to enable the 
special committee to conduct the investigation, study, and 
hearings authorized by this resolution. Any such additional 
rules and procedures shall become effective upon publication in 
the Congressional Record.
SEC. 3. STAFF OF THE SPECIAL COMMITTEE.
    (a) Appointments.--To assist the special committee in the 
investigation, study, and hearings authorized by this 
resolution, the chairman and the ranking member each may 
appoint special committee staff, including consultants.
    (b) Assistance From the Senate Legal Counsel.--To assist 
the special committee in the investigation, study, and hearings 
authorized by this resolution, the Senate Legal Counsel and the 
Deputy Senate Legal Counsel shall work with and under the 
jurisdiction and authority of the special committee.
    (c) Assistance From the Comptroller General.--The 
Comptroller General of the United States is requested to 
provide from the General Accounting Office whatever personnel 
or other appropriate assistance as may be required by the 
special committee, or by the chairman or the ranking member.
SEC. 4. PUBLIC ACTIVITIES OF THE SPECIAL COMMITTEE.
    (a) In General.--Consistent with the rights of persons 
subject to investigation and inquiry, the special committee 
shall make every effort to fulfill the right of the public and 
the Congress to know the essential facts and implications of 
the activities of officials of the United States Government and 
other persons and entities with respect to the matters under 
investigation and study, as described in section 1.
    (b) Duties.--In furtherance of the right of the public and 
the Congress to know, the special committee--
          (1) shall hold, as the chairman (in consultation with 
        the ranking member) considers appropriate and in 
        accordance with paragraph 5(b) of rule XXVI of the 
        Standing Rules of the Senate, hearings on specific 
        subjects, subject to consultation and coordination with 
        the independent counsel appointed pursuant to chapter 
        40 of title 28, United States Code, in Division No. 94-
        1 (D.C. Cir. August 5, 1994) (hereafter in this 
        resolution referred to as ``the independent counsel'');
          (2) may make interim reports to the Senate as it 
        considers appropriate; and
          (3) shall make a final comprehensive public report to 
        the Senate which contains--
                  (A) a description of all relevant factual 
                determinations; and
                  (B) recommendations for legislation, if 
                necessary.
SEC. 5. POWERS OF THE SPECIAL COMMITTEE.
    (a) In General.--The special committee shall do everything 
necessary and appropriate under the laws and the Constitution 
of the United States to conduct the investigation, study, and 
hearings authorized by section 1.
    (b) Exercise of Authority.--The special committee may 
exercise all of the powers and responsibilities of a committee 
under rule XXVI of the Standing Rules of the Senate and section 
705 of the Ethics in Government Act of 1978, including the 
following:
          (1) Subpoena powers.--To issue subpoenas or orders 
        for the attendance of witnesses or for the production 
        of documentary or physical evidence before the special 
        committee. A subpoena or order may be authorized by the 
        special committee or by the chairman with the agreement 
        of the ranking member, and may be issued by the 
        chairman or any other member of the special committee 
        designated by the chairman, and may be served by any 
        person designated by the chairman or the authorized 
        member anywhere within or outside of the borders of the 
        United States to the full extent permitted by law. The 
        chairman, or any other member of the special committee, 
        is authorized to administer oaths to any witnesses 
        appearing before the special committee. If a return on 
        a subpoena or order for the production of documentary 
        or physical evidence is incomplete or accompanied by an 
        objection, the chairman (in consultation with the 
        ranking member) may convene a meeting or hearing to 
        determine the adequacy of the return and to rule on the 
        objection. At a meeting or hearing on such a return, 
        one member of the special committee shall constitute a 
        quorum. The special committee shall not initiate 
        procedures leading to civil or criminal enforcement of 
        a subpoena unless the person or entity to whom the 
        subpoena is directed refuses to produce the required 
        documentary or physical evidence after having been 
        ordered and directed to do so.
          (2) Compensation authority.--To employ and fix the 
        compensation of such clerical, investigatory, legal, 
        technical, and other assistants as the special 
        committee, or the chairman or the ranking member, 
        considers necessary or appropriate.
          (3) Meetings.--To sit and act at any time or place 
        during sessions, recesses, and adjournment periods of 
        the Senate.
          (4) Hearings.--To hold hearings, take testimony under 
        oath, and receive documentary or physical evidence 
        relating to the matters and questions it is authorized 
        to investigate or study. Unless the chairman and the 
        ranking member otherwise agree, the questioning of a 
        witness or a panel of witnesses at a hearing shall be 
        limited to one initial 30-minute turn each for the 
        chairman and the ranking member, or their designees, 
        including majority and minority staff, and thereafter 
        to 10-minute turns by each member of the special 
        committee if 5 or more members are present, and to 15-
        minute turns by each member of the special committee if 
        fewer than 5 members are present. A member may be 
        permitted further questions of the witness or panel of 
        witnesses, either by using time that another member 
        then present at the hearing has yielded for that 
        purpose during the yielding member's turn, or by using 
        time allotted after all members have been given an 
        opportunity to question the witness or panel of 
        witnesses. At all times, unless the chairman and the 
        ranking member otherwise agree, the questioning shall 
        alternate back and forth between members of the 
        majority party and members of the minority party. In 
        their discretion, the chairman and the ranking member, 
        respectively, may designate majority or minority staff 
        to question a witness or a panel of witnesses at a 
        hearing during time yielded by a member of the 
        chairman's or the ranking member's party then present 
        at the hearing for his or her turn.
          (5) Testimony of witnesses.--To require by subpoena 
        or order the attendance, as a witness before the 
        special committee or at a deposition, of any person who 
        may have knowledge or information concerning any of the 
        matters that the special committee is authorized to 
        investigate and study.
          (6) Immunity.--To grant a witness immunity under 
        sections 6002 and 6005 of title 18, United States Code, 
        provided that the independent counsel has not informed 
        the special committee in writing that immunizing the 
        witness would interfere with the ability of the 
        independent counsel successfully to prosecute criminal 
        violations. Not later than 10 days before the special 
        committee seeks a Federal court order for a grant of 
        immunity by the special committee, the Senate Legal 
        Counsel shall cause to be delivered to the independent 
        counsel a written request asking the independent 
        counsel promptly to inform the special committee in 
        writing if, in the judgment of the independent counsel, 
        the grant of immunity would interfere with the ability 
        of the independent counsel successfully to prosecute 
        criminal violations. The Senate Legal Counsel's written 
        request of the independent counsel required by this 
        paragraph shall be in addition to all notice 
        requirements set forth in sections 6002 and 6005 of 
        title 18, United States Code.
          (7) Depositions.--To take depositions and other 
        testimony under oath anywhere within the United States, 
        to issue orders that require witnesses to answer 
        written interrogatories under oath, and to make 
        application for the issuance of letters rogatory. All 
        depositions shall be conducted jointly by majority and 
        minority staff of the special committee. A witness at a 
        deposition shall be examined upon oath administered by 
        a member of the special committee or an individual 
        authorized by local law to administer oaths, and a 
        complete transcription or electronic recording of the 
        deposition shall be made. Questions shall be propounded 
        first by majority staff of the special committee and 
        then by minority staff of the special committee. Any 
        subsequent round of questioning shall proceed in the 
        same order. 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 answer on the 
        basis of relevance or privilege, the special committee 
        staff may proceed with the deposition, or may, at that 
        time or at a subsequent time, seek a ruling on the 
        objection from the chairman. If the chairman overrules 
        the objection, the chairman may order and direct the 
        witness to answer the question, but the special 
        committee shall not initiate procedures leading to 
        civil or criminal enforcement unless the witness 
        refuses to answer after having been ordered and 
        directed to answer.
          (8) Delegations to staff.--To issue commissions and 
        to notice depositions for staff members to examine 
        witnesses and to receive evidence under oath 
        administered by an individual authorized by local law 
        to administer oaths. The special committee, or the 
        chairman with the concurrence of the ranking member, 
        may delegate to designated staff members of the special 
        committee the power to issue deposition notices 
        authorized pursuant to this paragraph.
          (9) Information from other sources.--To require by 
        subpoena or order--
                  (A) any department, agency, entity, officer, 
                or employee of the United States Government;
                  (B) any person or entity purporting to act 
                under color or authority of State or local law; 
                or
                  (C) any private person, firm, corporation, 
                partnership, or other organization;
        to produce for consideration by the special committee 
        or for use as evidence in the investigation, study, or 
        hearings of the special committee, any book, check, 
        canceled check, correspondence, communication, 
        document, financial record, paper, physical evidence, 
        photograph, record, recording, tape, or any other 
        material relating to any of the matters or questions 
        that the special committee is authorized to investigate 
        and study which any such person or entity may possess 
        or control.
          (10) Recommendations to the senate.--To make to the 
        Senate any recommendations, by report or resolution, 
        including recommendations for criminal or civil 
        enforcement, which the special committee may consider 
        appropriate with respect to--
                  (A) the willful failure or refusal of any 
                person to appear before it, or at a deposition, 
                or to answer interrogatories, in compliance 
                with a subpoena or order;
                  (B) the willful failure or refusal of any 
                person to answer questions or give testimony 
                during the appearance of that person as a 
                witness before the special committee, or at a 
                deposition, or in response to interrogatories; 
                or
                  (C) the willful failure or refusal of--
                          (i) any officer or employee of the 
                        United States Government;
                          (ii) any person or entity purporting 
                        to act under color or authority of 
                        State or local law; or
                          (iii) any private person, 
                        partnership, firm, corporation, or 
                        organization;
                to produce before the special committee, or at 
                a deposition, or at any time or place 
                designated by the committee, any book, check, 
                canceled check, correspondence, communication, 
                document, financial record, paper, physical 
                evidence, photograph, record, recording, tape, 
                or any other material in compliance with any 
                subpoena or order.
          (11) Consultants.--To procure the temporary or 
        intermittent services of individual consultants, or 
        organizations thereof.
          (12) Other government personnel.--To use, on a 
        reimbursable basis and with the prior consent of the 
        Government department or agency concerned, the services 
        of the personnel of such department or agency.
          (13) Other congressional staff.--To use, with the 
        prior consent of any member of the Senate or the 
        chairman or the ranking member of any other Senate 
        committee or the chairman or ranking member of any 
        subcommittee of any committee of the Senate, the 
        facilities or services of the appropriate members of 
        the staff of such member of the Senate or other Senate 
        committee or subcommittee, whenever the special 
        committee or the chairman or the ranking member 
        considers that such action is necessary or appropriate 
        to enable the special committee to conduct the 
        investigation, study, and hearings authorized by this 
        resolution.
          (14) Access to information and evidence.--To permit 
        any members of the special committee, staff director, 
        counsel, or other staff members or consultants 
        designated by the chairman or the ranking member, 
        access to any data, evidence, information, report, 
        analysis, document, or paper--
                  (A) that relates to any of the matters or 
                questions that the special committee is 
                authorized to investigate or study under this 
                resolution;
                  (B) that is in the custody or under the 
                control of any department, agency, entity, 
                officer, or employee of the United States 
                Government, including those which have the 
                power under the laws of the United States to 
                investigate any alleged criminal activities or 
                to prosecute persons charged with crimes 
                against the United States without regard to the 
                jurisdiction or authority of any other Senate 
                committee or subcommittee; and
                  (C) that will assist the special committee to 
                prepare for or conduct the investigation, 
                study, and hearings authorized by this 
                resolution.
          (15) Reports of violations of law.--To report 
        possible violations of any law to appropriate Federal, 
        State, or local authorities.
          (16) Expenditures.--To expend, to the extent that the 
        special committee determines necessary and appropriate, 
        any money made available to the special committee by 
        the Senate to carry out this resolution.
          (17) Tax return information.--To inspect and receive, 
        in accordance with the procedures set forth in sections 
        6103(f)(3) and 6104(a)(2) of the Internal Revenue Code 
        of 1986, any tax return or tax return information, held 
        by the Secretary of the Treasury, if access to the 
        particular tax-related information sought is necessary 
        to the ability of the special committee to carry out 
        section 1(b)(3)(B).
SEC. 6. PROTECTION OF CONFIDENTIAL INFORMATION.
    (a) Nondisclosure.--No member of the special committee or 
the staff of the special committee shall disclose, in whole or 
in part or by way of summary, to any person other than another 
member of the special committee or other staff of the special 
committee, for any purpose or in connection with any 
proceeding, judicial or otherwise, any testimony taken, 
including the names of witnesses testifying, or material 
presented, in depositions or at closed hearings, or any 
confidential materials or information, unless authorized by the 
special committee or the chairman in concurrence with the 
ranking member.
    (b) Staff Nondisclosure Agreement.--All members of the 
staff of the special committee with access to confidential 
information within the control of the special committee shall, 
as a condition of employment, agree in writing to abide by the 
conditions of this section and any nondisclosure agreement 
promulgated by the special committee that is consistent with 
this section.
    (c) Sanctions.--
          (1) Member sanctions.--The case of any Senator who 
        violates the security procedures of the special 
        committee may be referred to the Select Committee on 
        Ethics of the Senate for investigation and the 
        imposition of sanctions in accordance with the rules of 
        the Senate.
          (2) Staff sanctions.--Any member of the staff of the 
        special committee who violates the security procedures 
        of the special committee shall immediately be subject 
        to removal from office or employment with the special 
        committee or such other sanction as may be provided in 
        any rule issued by the special committee consistent 
        with section 2(c).
    (d) Staff Defined.--For purposes of this section, the term 
``staff of the special committee'' includes--
          (1) all employees of the special committee;
          (2) all staff designated by the members of the 
        special committee to work on special committee 
        business;
          (3) all Senate staff assigned to special committee 
        business pursuant to section 5(b)(13);
          (4) all officers and employees of the Office of 
        Senate Legal Counsel who are requested to work on 
        special committee business; and
          (5) all detailees and consultants to the special 
        committee.
SEC. 7. RELATION TO OTHER INVESTIGATIONS.
    (a) Purposes.--The purposes of this section are--
          (1) to expedite the thorough conduct of the 
        investigation, study, and hearings authorized by this 
        resolution;
          (2) to promote efficiency among all the various 
        investigations underway in all branches of the United 
        States Government; and
          (3) to engender a high degree of confidence on the 
        part of the public regarding the conduct of such 
        investigation, study, and hearings.
    (b) Special Committee Actions.--To carry out the purposes 
stated in subsection (a), the special committee is encouraged--
          (1) to obtain relevant information concerning the 
        status of the investigation of the independent counsel, 
        to assist in establishing a hearing schedule for the 
        special committee; and
          (2) to coordinate, to the extent practicable, the 
        activities of the special committee with the 
        investigation of the independent counsel.
SEC. 8. SALARIES AND EXPENSES.
    A sum equal to not more than $950,000 for the period 
beginning on the date of adoption of this resolution and ending 
on February 29, 1996, shall be made available from the 
contingent fund of the Senate out of the Account for Expenses 
for Inquiries and Investigations for payment of salaries and 
other expenses of the special committee under this resolution, 
which shall include not more than $750,000 for the procurement 
of the services of individual consultants or organizations 
thereof, in accordance with section 5(b)(11). Payment of 
expenses shall be disbursed upon vouchers approved by the 
chairman, except that vouchers shall not be required for the 
disbursement of salaries paid at an annual rate.
SEC. 9. REPORTS; TERMINATION.
    (a) Completion of Duties.--
          (1) In general.--The special committee shall make 
        every reasonable effort to complete, not later than 
        February 1, 1996, the investigation, study, and 
        hearings authorized by section 1.
          (2) Evaluation of progress.--The special committee 
        shall evaluate the progress and status of the 
        investigation, study, and hearings authorized by 
        section 1 and, not later than January 15, 1996, make 
        recommendations with respect to the authorization of 
        additional funds for a period following February 29, 
        1996. If the special committee requests the 
        authorization of additional funds for a period 
        following February 29, 1996, the Majority Leader and 
        the Democratic Leader shall meet and determine the 
        appropriate timetable and procedures for the Senate to 
        vote on any such request.
    (b) Final Report.--
          (1) Submission.--The special committee shall promptly 
        submit a final public report to the Senate of the 
        results of the investigation, study, and hearings 
        conducted by the special committee pursuant to this 
        resolution, together with its findings and any 
        recommendations.
          (2) Confidential information.--The final report of 
        the special committee may be accompanied by such 
        confidential annexes as are necessary to protect 
        confidential information.
          (3) Conclusion of business.--After submission of its 
        final report, the special committee shall promptly 
        conclude its business and close out its affairs.
    (c) Records.--Upon the conclusion of the special 
committee's business and the closing out of its affairs, all 
records, files, documents, and other materials in the 
possession, custody, or control of the special committee shall 
remain under the control of the Committee on Banking, Housing, 
and Urban Affairs.
SEC. 10. COMMITTEE JURISDICTION AND RULE XXV.
    The jurisdiction of the special committee is granted 
pursuant to this resolution, notwithstanding the provisions of 
paragraph 1 of rule XXV of the Standing Rules of the Senate 
relating to the jurisdiction of the standing committees of the 
Senate.

                    S. Res. 153, 104th Cong. (1995)
           [141 Cong. Rec. S10175 (daily ed. July 17, 1995)]
    Resolved, That Senate Resolution 120, agreed to May 17, 
1995 (104th Congress, 1st Session), in amended--
          (1) in section 2(a)(1)(A) by inserting ``, except 
        that Senator Frank H. Murkowski shall substitute for 
        Senator Phil Gramm'' before the semicolon;
          (2) in section 5(b)--
                  (A) in paragraph (11) by inserting ``with the 
                approval of the Committee on Rules and 
                Administration'' before the period; and
                  (B) in paragraph (12) by inserting ``and the 
                Committee on Rules and Administration'' after 
                ``concerned''; and
          (3) in section 8 by adding at the end the following: 
        ``There are authorized such sums as may be necessary 
        for agency contributions related to the compensation of 
        employees of the Special Committee from May 17, 1995, 
        through February 29, 1996, to be paid from the 
        appropriations account for `Expenses of Inquiries and 
        Investigations' of the Senate.''.

                    S. Res. 246, 104th Cong. (1996)
           [141 Cong. Rec. S3450 (daily ed. April 17, 1996)]
    Resolved,
SECTION 1. FUNDS FOR SALARIES AND EXPENSES OF SPECIAL COMMITTEE.
    There shall be made available from the contingent fund of 
the Senate out of the Account for Expenses for Inquiries and 
Investigations, for use not later than June 17, 1996, by the 
Special Committee to Investigate Whitewater Development 
Corporation and Related Matters (hereafter in this Resolution 
referred to as the ``special committee''), established by 
Senate Resolution 120, 104th Congress, agreed to May 17, 1995 
(as amended by Senate Resolution 153, 104th Congress, agreed to 
July 17, 1995) to carry out the investigation, study, and 
hearings authorized by that Senate Resolution--
          (1) a sum equal to not more than $450,000.
                  (A) for payment of salaries and other 
                expenses of the special committee; and
                  (B) not more than $350,000 of which may be 
                used by the special committee for the 
                procurement of the services of individual 
                consultants or organizations thereof; and
          (2) such additional sums as may be necessary for 
        agency contributions related to the compensation of 
        employees of the special committee.
SEC. 2. TERMINATION OF THE SPECIAL COMMITTEE.
    (a) Hearings.--Not later than June 17, 1996, the special 
committee shall complete the investigation, study, and hearings 
authorized by Senate Resolution 120, 104th Congress, agreed to 
May 17, 1995 (as amended by Senate Resolution 153, 104th 
Congress, agreed to July 17, 1995).
    (b) Report.--Not later than June 17, 1996, the special 
committee shall submit to the Senate the final public report 
required by section 9(b) of Senate Resolution 120, 104th 
Congress, agreed to May 17, 1995 (as amended by Senate 
Resolution 153, 104th Congress, agreed to July 17, 1995) on the 
results of the investigation, study, and hearings conducted 
pursuant to that Resolution.
campaign finance (1997-98)

special investigatory committees

                 12. COMMITTEE ON GOVERNMENTAL AFFAIRS

                    [CAMPAIGN FINANCE INVESTIGATION]

                                FUNDING

                     S. Res. 54, 105th Cong. (1997)
       [143 Cong. Rec. S1419, 1420-21 (daily ed. Feb. 13, 1997)]
    Resolved,


    Section 1. This resolution may be cited as the ``Omnibus 
Committee Funding Resolution for 1997 and 1998.''.
          * * * * * * *


    Sec. 13. (a) 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, 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 
Governmental Affairs is authorized from March 1, 1997, through 
February 28, 1999, 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) The expenses of the committee for the period March 1, 
1997, through September 30, 1998, under this section shall not 
exceed $4,533,600, of which amount (1) not to exceed $375,000, 
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, as amended), and (2) not to exceed $2,470, may be 
expended for the training of the professional staff of such 
committee (under procedures specified by section 202(j) of such 
Act).
    (c) For the period March 1, 1998, through February 28, 
1999, expenses of the committee under this section shall not 
exceed $4,653,386, 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, as amended), and (2) not to exceed $2,470, may be 
expended for the training of the professional staff of such 
committee (under procedures specified by section 202(j) of such 
Act).
    (d)(1) The committee, or any duly authorized subcommittee 
thereof, 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 relationships 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 activities 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: Provided, That, in carrying out 
        the duties herein set forth, the inquiries of this 
        committee or any subcommittee thereof shall not be 
        deemed limited to the records, functions, and 
        operations of any particular branch of the Government; 
        but may extend to the records and activities of any 
        persons, corporation, or other entity.
    (2) 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, as 
amended.
    (3) For the purposes of this subsection, the committee, or 
any duly authorized subcommittee thereof, or its chairman, or 
any other member of the committee or subcommittee designated by 
the chairman, from March 1, 1997, through February 28, 1999, is 
authorized, in its, his, 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 session, 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) All subpoenas and related legal processes of the 
committee and its subcommittees authorized under S. Res. 73 of 
the One Hundred Fourth Congress, second session, are authorized 
to continue.
          * * * * * * *

                     S. Res. 39, 105th Cong. (1997)
            [143 Cong. Rec. S2125 (daily ed. Mar. 11, 1997)]
    Resolved, That (a) Senate Resolution 54, agreed to February 
13, 1997, is amended by adding at the end the following:

                   authorization of additional funds
    Sec. 24. (a) In General.--A sum equal to not more than 
$4,350,000, for the period beginning on the date of adoption of 
this section and ending on December 31, 1997, shall be made 
available from the contingent fund of the Senate out of the 
Account for Expenses for Inquiries and Investigations for 
payment of salaries and other expenses of the Committee on 
Governmental Affairs under this resolution, of which amount not 
to exceed $375,000 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, as amended). The expenditures by 
the Committee on Governmental Affairs authorized by this 
section supplement those authorized in section 13 and may be 
expended solely for the purpose stated in this section.
    (b) Purpose of Additional Funds.--The additional funds 
authorized by this section are for the sole purpose of 
conducting an investigation of illegal or improper activities 
in connection with 1996 Federal election campaigns.
    (c) Referral to Select Committee on Ethics.--The Committee 
on Governmental Affairs shall refer any evidence of illegal or 
improper activities involving any Member of the Senate revealed 
pursuant to the investigation authorized by subsection (b) to 
the Select Committee on Ethics.
    (d) Final Report.--The Committee on Governmental Affairs 
shall submit a final public report to the Senate no later than 
January 31, 1998, of the results of the investigation, study, 
and hearings conducted by the Committee pursuant to this 
section.
          * * * * * * *
hill/thomas leak (1991-92)

other senate entities

            B. AUTHORITY AND RULES OF OTHER SENATE ENTITIES

 1. TEMPORARY SPECIAL INDEPENDENT COUNSEL TO INVESTIGATE UNAUTHORIZED 
           DISCLOSURES OF NONPUBLIC CONFIDENTIAL INFORMATION

                    [HILL/THOMAS LEAK INVESTIGATION]

                     S. Res. 202, 102d Cong. (1991)
                    [137 Cong. Rec. 28494-95 (1991)]
    Resolved,
SECTION 1. CONDUCT OF THE INVESTIGATION.
    The Federal Bureau of Investigation, the General Accounting 
Office, and any other Government department or agency as may be 
appropriate, shall be utilized in carrying out the 
investigation required by this resolution and the special 
independent counsel established by this resolution may, with 
the prior consent of the Government department or agency 
concerned and the Committee on Rules and Administration, use on 
a reimbursable, or nonreimbursable, basis the services of 
personnel of any such department or agency.
SEC. 2. OFFICE OF TEMPORARY SPECIAL INDEPENDENT COUNSEL.
    There is established, as a temporary office of the Senate, 
an Office of Temporary Special Independent Counsel, which shall 
be directed by a special independent counsel (referred to as 
the ``special independent counsel''), with administrative 
support from the Secretary of the Senate, to conduct an 
investigation of any unauthorized disclosures of non-public 
confidential information from Senate documents in connection 
with the following investigations:
          (1) the consideration of the nomination of Clarence 
        Thomas to be an Associate Justice of the Supreme Court 
        by the Committee on the Judiciary; and
          (2) the investigation of matters related to Charles 
        Keating by the Select Committee on Ethics.
SEC. 3. APPOINTMENT OF THE SPECIAL INDEPENDENT COUNSEL AND EMPLOYMENT 
        OF STAFF.
    (2) The President pro tempore of the Senate, upon the joint 
recommendation of the Majority Leader and the Minority Leader, 
shall appoint and fix the compensation at an annual or daily 
rate of pay, or shall contract for the services in the same 
manner and under the same conditions as a standing committee of 
the Senate may procure such services under section 202(i) of 
the Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i)), 
of a special independent counsel to direct the office 
established in the preceding paragraph. The President pro 
tempore of the Senate, upon the joint recommendation of the 
Majority Leader and the Minority Leader, may terminate the 
special independent counsel at any time.
    (b) The Secretary of the Senate shall, upon the 
recommendation of the special independent counsel and with the 
joint approval of the Majority Leader and the Minority Leader, 
appoint and fix the compensation of such additional staff, 
including staff appointed at daily rates of pay, as are 
necessary to carry out the purposes of this resolution.
    (c) Any employee appointed under this resolution may be 
paid at a rate not to exceed the maximum annual rate of pay for 
an employee of a standing committee of the Senate.
SEC. 4. EXPENSES OF INVESTIGATION.
    (a) The expenses of the investigation of the special 
independent counsel shall be paid out of the Contingent Fund of 
the Senate from the appropriation account Miscellaneous Items 
upon vouchers approved by the Secretary of the Senate, except 
that vouchers shall not be required for--
          (1) the disbursement of salaries of employees who are 
        paid at an annual rate;
          (2) payment of expenses for telecommunications 
        services provided by the Telecommunications Department, 
        Sergeant at Arms, United States Senate;
          (3) the payment of expenses for stationery supplies 
        purchased through the Keeper of the Stationery, United 
        States Senate;
          (4) the payment of expenses for postage to the 
        Postmaster, United States Senate; and
          (5) the payment of metered charges on copying 
        equipment provided by the Sergeant at Arms, United 
        States Senate.
    (b) In carrying out the provisions of this resolution, the 
special independent counsel may procure the temporary or 
intermittent services of individual consultants, or 
organizations thereof, in the same manner and under the same 
conditions as a standing committee of the Senate may procure 
such services under section 202(i) of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 72a(i)).
    (c) The Secretary of the Senate is authorized to advance 
such sums as may be necessary to defray the expenses incurred 
in carrying out the provisions of this resolution.
SEC. 5. COOPERATION OF THE SENATE.
    All committees, Senators, officers, and employees of the 
Senate shall cooperate with the special independent counsel in 
conducting the investigation required by this resolution.
SEC. 6. DEPOSITION AND SUBPOENAS.
    (a) The special independent counsel shall have the power to 
conduct depositions, at any time or place, of witnesses under 
oath, including oaths administered by individuals authorized by 
local law to administer oaths, for the purpose of taking 
testimony upon examination by any counsel designated by the 
special independent counsel, and receiving correspondence, 
books, papers, documents, and other records.
    (b) At the request of the special independent counsel, the 
President pro tempore of the Senate shall have the power to 
authorize subpoenas, which shall be issued by the Secretary of 
the Senate, on behalf of the Senate for the attendance of 
witnesses at depositions under section 6(a) and for the 
production of correspondence, books, papers, documents, and 
other records.
    (c) The chairman and ranking member of the Committee on 
Rules and Administration, acting jointly, shall adopt rules for 
the conduct of depositions and other matters related to the 
investigation required by this resolution, which shall be 
published in the Congressional Record. The rules may be amended 
by the same process.
    (d) If a witness refuses, on the basis of relevance, 
privilege, or other objection, to testify in response to a 
question or to produce records in connection with the 
investigation required by this resolution, the chairman and 
ranking member of the Committee on Rules and Administration, 
acting jointly, shall rule upon such objection, or they may 
refer such objection to the full Committee on Rules and 
Administration for a ruling.
    (e) The Committee on Rules and Administration may make to 
the Senate any recommendations by report or resolution, 
including recommendations for criminal or civil enforcement, 
which the committee may consider appropriate with respect to--
          (1) the failure or refusal of any person to appear at 
        a deposition or to produce records in obedience to a 
        subpoena or order; or
          (2) the failure or refusal of any person to answer 
        questions during his or her appearance as a witness at 
        a deposition,
in connection with the investigation required by this 
resolution.
SEC. 7. REPORT OF THE SPECIAL INDEPENDENT COUNSEL.
    The special independent counsel shall report the counsel's 
findings regarding all matters relevant to the investigation by 
transmitting the report to the Majority Leader and the Minority 
Leader. The Leaders shall make the report available to all 
Senators. The Majority Leader and the Minority Leader or their 
designees shall make--
          (1) a determination on referral to the appropriate 
        law enforcement authority of any possible violation of 
        Federal law;
          (2) a determination on referring to the appropriate 
        committee any disciplinary action that should be taken 
        against any Senator, official, employee, or person 
        engaged by contract or otherwise to perform services 
        for the Senate, who may have violated any rule of the 
        Senate or of any Senate committee;
          (3) a determination on referring to the appropriate 
        executive branch any questions involving the conduct of 
        any official or employee of the executive branch 
        responsible for the unauthorized disclosure; and
          (4) recommendations for any changes in Federal law or 
        in Senate rules that should be made to prevent similar 
        unauthorized disclosures in the future.
SEC. 8. EFFECTIVE DATE.
    The special independent counsel shall submit the report 
required by this resolution not later than 120 days after the 
appointment of the counsel.

   RULES OF PROCEDURE OF THE OFFICE OF TEMPORARY SPECIAL INDEPENDENT 
       COUNSEL (ESTABLISHED PURSUANT TO S. RES. 202, 102d CONG.)
                    [137 Cong. Rec. 36334-35 (1991)]
                           rule 1. subpoenas
    1.1 Request. The special independent counsel shall submit 
to the President pro tempore written requests for the 
authorization of subpoenas for the attendance at deposition of 
any witness, or for the production of any correspondence, 
books, papers, documents, or other records, that may be 
relevant to the investigation authorized by Senate Resolution 
202, 102d Congress.
    1.2 Authorization. The President pro tempore shall have the 
power to authorize, in writing or by telephone, the issuance of 
subpoenas upon the written request of the special independent 
counsel. Whenever the President pro tempore exercises the power 
to authorize subpoenas by telephone, the authorization shall be 
contemporaneously memorialized in writing.
    1.3 Issuance. Upon receipt of the written authorization, or 
written memorialization of the telephone authorization, for the 
issuance of a subpoena by the President pro tempore, the 
Secretary of the Senate shall issue the subpoena that is the 
subject of the authorization. The Secretary shall keep a log, 
and a file, of all subpoenas that have been issued.
    1.4 Service. Subpoenas may be served by any person 
designated by the Secretary of the Senate. All subpoenas shall 
be accompanied by a copy of Senate Resolution 202, 102d 
Congress, and these rules. Criminal or civil enforcement 
proceedings for a witness's failure to appear at a deposition, 
to testify, or to produce records shall not be initiated unless 
a duly authorized subpoena was served upon the witness.
                          rule 2. depositions
    2.1 Designation. The special independent counsel shall 
designate in writing the counsel, whether one or more in 
number, who will examine witnesses at each deposition. For 
purposes of Rule 2.3-2.4, the term ``special independent 
counsel'' includes the special independent counsel and any 
counsel designated by the special independent counsel to 
examine witnesses pursuant to this rule.
    2.2 Attendance.
    (a) General Rule. Unless otherwise specified, the 
deposition shall be in private.
    (b) Counsel.
    (1) Presence. Subject to the provisions of Rule 2.2(b) (2)-
(4), a witness's counsel shall be permitted to be present 
during the witness's testimony at any deposition to advise the 
witness of his or her rights.
    (2) Conflicts. The chairman and ranking minority member of 
the Committee on Rules and Administration, acting jointly, or 
the full Committee if the chairman and ranking minority member 
refer the matter to it, may rule that representation of a 
witness who is an officer or employee of the government by 
counsel from the government, or of a witness who is an officer 
or employee of a corporation or association by counsel from the 
corporation or association, or of a witness by counsel 
representing other witnesses, creates a conflict of interest, 
and that the witness shall be represented by counsel not from 
the government, corporation, or association or not representing 
other witnesses.
    (3) Inability to Obtain Counsel. A witness who is unable 
for indigence or other reason to obtain counsel may inform the 
Committee on Rules and Administration at least 48 hours prior 
to the scheduled return on the subpoena, and the Committee will 
endeavor to obtain volunteer counsel for the witness. Failure 
to obtain counsel will not excuse the witness from complying 
with the subpoena.
    (4) Conduct. Counsel shall behave in an ethical and 
professional manner. Failure to do so shall, upon a finding to 
that effect by the chairman and ranking minority member of the 
Committee on Rules and Administration, acting jointly, or the 
full Committee if the chairman and ranking minority member 
refer the matter to it, subject counsel to disciplinary action, 
which may include warning, censure, or removal.
    2.3 Procedures.
    (a) Examination. Witnesses at depositions shall be examined 
upon oath administered by an individual authorized by federal 
or local law to administer oaths. Questions shall be propounded 
orally by special independent counsel.
    (b) Objections. Objections by a witness as to the form of 
questions shall be noted for the record. If a witness objects 
to a question and refuses to testify, or objects to the 
production of records, on the basis of privilege or other 
ground, special independent counsel 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. The ruling 
may be sought from the chairman and ranking minority member of 
the Committee on Rules and Administration. The chairman and 
ranking minority member, acting jointly, may rule on the 
objection, and order the witness to answer the question, or to 
produce the records, if the objection is overruled, or may 
refer the matter to the full Committee for a ruling. Procedures 
leading to civil or criminal enforcement shall not be initiated 
unless the witness has refused to testify, or to produce 
records, after having been ordered to comply.
    2.4 Transcripts. An accurate electronic or stenographic 
record shall be kept of all testimony at depositions. If a 
transcript is prepared, the witness shall be furnished with a 
copy, or access to a copy, of the transcript for review. Upon 
inspecting the transcript, a witness may submit, in writing 
within five days, corrections to the transcript, with a 
statement of the reasons for the corrections, to correct errors 
of transcription, grammatical errors, or errors of fact. Within 
the same time limit, the witness shall, if a copy was provided, 
return the transcript, and the witness shall sign the 
transcript, including any changes submitted. Any corrections 
submitted by the witness shall be appended to the transcript. 
If the witness fails to sign a transcript, or to return a 
signed copy, the date that access to a copy, or a copy, was 
provided, and the failure to sign or to return it, shall be 
noted on the transcript. The individual who made the electronic 
or stenographic record 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 
office of special independent counsel. The special independent 
counsel may stipulate with the witness to changes in this 
procedure. Objections to errors in this procedure that might be 
cured if promptly presented are waived unless timely objection 
is made.
                rule 3. return of documentary subpoenas
    Return on subpoenas for the production of correspondence, 
books, papers, documents, or other records, without testimony, 
may be required, at other than a deposition, at the special 
independent counsel's offices or other place specified in the 
subpoena. Rulings on objections to the production of records 
shall be obtained in accordance with Rule 2.3(b).
                        rule 4. confidentiality
    4.1 Security. The office of special independent counsel 
shall operate under strict security precautions in order to 
maintain the secrecy of all office records.
    4.2 Nondisclosure. Except as necessary for the performance 
of his or her duties in connection with the investigation 
authorized by Senate Resolution 202, 102d Congress, and as 
authorized by that resolution and these rules, no personnel of 
the office of special independent counsel, as defined in Rule 
4.5, shall disclose, in whole or in part or by way of summary, 
to any person, for any purpose or, unless authorized by the 
Senate, in connection with any proceeding, judicial or 
otherwise, any records or other confidential information of the 
office. As used in this rule, the term ``records or other 
confidential information of the office'' includes, but is not 
limited to, all testimony taken, including the names of 
witnesses testifying, and all exhibits or other materials 
presented or received, in depositions or otherwise, and also 
includes any proposed or otherwise nonpublic conclusions, 
views, memoranda, or report of the office of special 
independent counsel.
    4.3 Nondisclosure Agreement. All personnel of the office of 
special independent counsel, as defined in Rule 4.5, shall 
agree in writing, as a condition of employment or agreement for 
the provision of services, to abide by Rule 4.2.
    4.4 Violations. Any of the personnel of the office, as 
defined by Rule 4.5, who fails to conform to the provisions of 
Rule 4.2 shall be subject to disciplinary sanction, including 
termination of employment or agreement for the provision of 
services.
    4.5 Definition of Office Personnel. For purposes of Rule 4, 
the term ``personnel of the office of special independent 
counsel'' includes the special independent counsel, any persons 
engaged to perform, or who perform, services on behalf of the 
office, the employees of the office, any detailees and 
consultants to the office, and any employees of the Senate who 
assist the office or are given access to any records of the 
office for reasons related to their official duties.
       rule 5. effectiveness, publication, and amendment of rules
    These rules shall be effective immediately upon adoption 
and shall be published in the Congressional Record. These rules 
may be modified, amended, or repealed by the chairman and 
ranking minority member of the Committee on Rules and 
Administration, acting jointly. Any changes in these rules 
shall be effective immediately upon adoption and shall be 
published in the Congressional Record.
ethics study commission (1993-94)

other senate entities

                       2. ETHICS STUDY COMMISSION

                     S. Res. 111, 103d Cong. (1993)
            [139 Cong. Rec. S6329 (daily ed. May 21, 1993)]
    Resolved, That--
    Section 1. Senate Ethics Study Commission.--
          (a) Establishment and purposes.--There is established 
        in the Senate the Ethics Study Commission (hereinafter 
        referred to as ``Commission'') for the purposes of--
                  (1) conducting a study of rules and 
                procedures relating to the Senate Select 
                Committee on Ethics; and
                  (2) taking such actions as may be required to 
                support the purpose specified in paragraph (1).
          (b) Membership.--The Commission shall be composed of 
        the following members:
                  (1) the Chairman of the Select Committee on 
                Ethics, who shall serve as Chairman of the 
                Commission;
                  (2) the Vice Chairman of the Select Committee 
                on Ethics;
                  (3) the members of the Select Committee on 
                Ethics; and
                  (4) such former members of the Select 
                Committee on Ethics (including current and 
                former Members of the Senate) as the Majority 
                Leader, in consultation with the Minority 
                Leader, shall recommend to be appointed by the 
                President pro tempore of the Senate.
          (c) Vacancies.--Vacancies in the membership of the 
        Commission shall not affect the authority of the 
        remaining members to conduct the business of the 
        Commission.
          (d) Construction.--Nothing in this resolution shall 
        be construed as restricting the authority of the Select 
        Committee on Ethics or otherwise changing the authority 
        of any committee of the Senate.
    Sec. 2. Services of Staff.--The Chairman of the Commission 
may designate Senate staff to assist the Commission; however, 
no additional staff shall be employed by the Commission under 
the authority of this resolution.
    Sec. 3. General Authority.--For the purposes of this 
resolution the Commission--
         (a) is authorized in its discretion,
                  (1) to hold hearings;
                  (2) to sit and act at any time or place 
                during the sessions, recesses, and adjourned 
                periods of the Senate; and
          (b) shall be deemed a committee of the Senate for the 
        conduct of hearings, including for the purpose of 
        having printed and bound the testimony and other data 
        presented at such hearings.
    Sec. 4. Expenses.--(a) In carrying out its duties under the 
authority and purposes of this resolution, from March 4, 1993 
through December 31, 1993, the Commission is authorized to make 
such expenditures as may be necessary from the Contingent Fund 
of the Senate.
    (b) Expenditures from the Contingent Fund shall be paid out 
of the appropriations account ``Miscellaneous Items'' upon 
vouchers approved by the Chairman of the Commission, except 
that vouchers shall not be required for--
          (1) the payment of expenses for stationery supplies 
        purchased through the Keeper of the Stationery, United 
        States Senate;
          (2) the payment of expenses for postage to the 
        Postmaster, United States Senate;
          (3) the payment of metered charges on copying 
        equipment provided by the Sergeant at Arms, United 
        States Senate; or
          (4) the payment of expenses for telecommunication 
        services provided by the Telecommunications Department, 
        Sergeant at Arms, United States Senate.
    Sec. 5. Report.--The Commission shall report its findings 
and recommendations to the Majority Leader and the Minority 
Leader upon the conclusion of its study.
    Sec. 6. Termination.--The provisions of this resolution 
shall be deemed effective March 4, 1993, and shall terminate on 
December 31, 1993.

                     S. Res. 173, 103d Cong. (1993)
           [139 Cong. Rec. S16897 (daily ed. Nov. 20, 1993)]
    Resolved, That S. Res. 111, which was adopted May 21, 1993, 
is hereby amended by striking ``December 31, 1993'' each place 
it appears and inserting ``March 1, 1994''.

    1. Select Committee on Presidential Campaign Activities 
[Watergate]:
          The Final Report of the Select Committee on 
        Presidential Campaign Activities, S. Rep. No. 93-981, 
        93d Cong., 2d Sess. (1974).
          Presidential Campaign Activities of 1972: Hearings of 
        the Senate Select Committee on Presidential Campaign 
        Activities, 93d Cong., 1st and 2d Sess. (1973-74).

    2. Select Committee to Study Governmental Operations With 
Respect to Intelligence Activities [Church Committee]:
          Final Report of the Senate Select Committee to Study 
        Governmental Operations With Respect to Intelligence 
        Activities, S. Rep. No. 94-755, 94th Cong., 2d Sess. 
        (1976).

    3. Judiciary Subcommittee Investigating Activities Relating 
to Individuals Representing Interests of Foreign Governments 
[Billy Carter Investigation]:
          Inquiry Into the Matter of Billy Carter and Libya, S. 
        Rep. No. 96-1015, 96th Cong., 2d Sess. (1980).
          Inquiry Into the Matter of Billy Carter and Libya: 
        Hearings Before the Subcomm. to Investigate the 
        Activities of Individuals Representing the Interests of 
        Foreign Governments of the Senate Comm. on the 
        Judiciary, 96th Cong., 2d Sess. (1980).

    4. Select Committee to Study Law Enforcement Undercover 
Activities of Components of the Department of Justice [Abscam 
Investigation]:
          Final Report of the Select Committee to Study Law 
        Enforcement Undercover Activities of Components of the 
        Department of Justice, S. Rep. No. 97-682, 97th Cong., 
        2d Sess. (1982).
          Hearings Before the Senate Select Committee to Study 
        Law Enforcement Undercover Activities of Components of 
        the Department of Justice, 97th Cong., 2d Sess. (1982).

    5. Select Committee on Secret Military Assistance to Iran 
and the Nicaraguan Opposition [Iran/Contra Investigation]:
          Report of the Congressional Committee Investigating 
        the Iran-Contra Affair, S. Rep. No. 100-216, H.R. Rep. 
        No. 100-433, 100th Cong., 1st Sess. (1987).
          Joint Hearings Before the House Select Comm. to 
        Investigate Covert Arms Transactions with Iran and the 
        Senate Select Committee on Secret Military Assistance 
        to Iran and the Nicaraguan Opposition, 100th Cong., 1st 
        Sess. (1987).

    6. Special Committee on Investigations of the Select 
Committee on Indian Affairs:
          Final Report and Legislative Recommendations: A 
        Report of the Special Committee on Investigations of 
        the Select Committee on Indian Affairs, S. Rep. No. 
        101-216, 101st Cong., 1st Sess. (1989).
          Federal Government's Relationship With American 
        Indians: Hearings Before the Special Committee on 
        Investigations of the Senate Select Committee on Indian 
        Affairs, S. Hrg. No. 101-126, pts. 1-11, 101st Cong., 
        1st Sess. (1989).

    7. HUD/MOD Rehab Investigation Subcommittee of the 
Committee of Banking, Housing, and Urban Affairs [HUD/MOD Rehab 
Investigation]:
          Final Report and Recommendations: Report of the HUD/
        MOD Rehab Investigation Subcommittee of the Senate 
        Committee on Banking, Housing, and Urban Affairs, S. 
        Prt. No. 101-124, 101st Cong., 2d Sess. (1990).
          Abuses in the Section 8 Moderate Rehabilitation 
        Program: Hearings Before the Senate Committee on 
        Banking, Housing, and Urban Affairs, S. Hrg. No. 101-
        440, 101st Cong., 1st Sess. (1989).
          The Abuse and Mismanagement of HUD: Hearings Before 
        the HUD/MOD Rehab Investigation Subcommittee of the 
        Senate Committee on Banking, Housing, and Urban 
        Affairs, S. Hrg. No. 101-868, pts. 1 & 2, 101st Cong., 
        2d Sess. (1990).

    8. Select Committee on POW/MIA Affairs:
          POW/MIA's: Report of the Select Committee on POW/MIA 
        Affairs, S. Rep. No. 103-1, 103d Cong., 1st Sess. 
        (1993).
          POW/MIA Policy and Process: Hearings Before the 
        Select Committee on POW/MIA Affairs, S. Hrg. No. 102-
        351, pts. 1 & 2, 102d Cong., 1st Sess. (1991).
          Questions Regarding American POW's in the 1970's: 
        Hearings Before the Select Committee on POW/MIA 
        Affairs, S. Hrg. No. 102-543, 102d Cong., 2d Sess. 
        (1992).
          Americans Missing or Prisoner in Southeast Asia, the 
        Department of Defense Accounting Process, Hearing 
        Before the Select Committee on POW/MIA Affairs, S. Hrg. 
        No. 102-966, 102d Cong., 2d Sess. (1992).
          Hearing on Symbols, Before the Select Committee on 
        POW/MIA Affairs, S. Hrg. No. 102-1030, 102d Cong., 2d 
        Sess. (1993).
          U.S. Government's Post-war POW/MIA Efforts: Hearings 
        Before the Select Committee on POW/MIA Affairs, S. Hrg. 
        No. 102-1130, 102d Cong., 2d Sess. (1993).
          Hearings on the Paris Peace Accords: Hearings Before 
        the Select Committee on POW/MIA Affairs, S. Hrg. No. 
        102-1115, 102d Cong., 2d Sess. (1993).
          Oversight Hearings: Hearings Before the Select 
        Committee on POW/MIA Affairs, S. Hrg. No. 102-1141, 
        102d Cong., 2d Sess. (1993).

    9. Committee on Foreign Relations [October Surprise 
Investigation]:
          The ``October Surprise'' Allegations and the 
        Circumstances Surrounding the Release of the American 
        Hostages Held in Iran, S. Prt. No. 102-125, 102d Cong., 
        2d Sess. (1992).
          Whether the Senate Should Proceed to Investigate 
        Circumstances Surrounding the Release of the American 
        Hostages in 1980: Hearings Before the Subcomm. on Near 
        Eastern and South Asian Affairs of Senate Comm. on 
        Foreign Relations, 102d Cong., 1st Sess. (1991) 
        [reprinted in S. Prt. No. 102-125 at 134].

    10. Committee on Banking, Housing, and Urban Affairs 
[Whitewater Investigation]:
          Investigation of Whitewater Development Corporation 
        and Related Matters: Final Report of the Special 
        Committee to Investigate Whitewater Development 
        Corporation and Related Matters, S. Rep. No. 104-280, 
        104th Cong., 2d Sess. (1996).
          Madison Guaranty S&L and the Whitewater Development 
        Corporation, Washington, D.C. Phase: Report of the 
        Senate Committee on Banking, Housing, and Urban 
        Affairs, S. Rep. No. 103-433, 103d Cong., 2d Sess. 
        (1994) (2 vols.).
          Hearings Related to Madison Guaranty S&L and the 
        Whitewater Development Corporation--Washington D.C. 
        Phase, S. Hrg. No. 103-889, 103d Cong., 2d Sess. (1993) 
        (2 vols.).

    11. Committee on Governmental Affairs [Campaign Finance 
Investigation]:
          Investigation of Illegal or Improper Activities In 
        Connection With 1996 Federal Election Campaigns, S. 
        Rep. No. 105-167, 105th Cong., 1st Sess. (1997).
          Investigation on Illegal or Improper Activities in 
        Connection With the 1996 Federal Election Campaign: 
        Hearings Before the Senate Comm. on Governmental 
        Affairs, S. Hrg. No. 105-300, 105th Cong., 1st Sess. 
        (1997) (10 vols.).

    12. Temporary Special Independent Counsel to Investigate 
Unauthorized Disclosures of Nonpublic Confidential Information 
[Hill/Thomas Leak Investigation]:
          Report of Temporary Special Independent Counsel, S. 
        Doc. No. 102-20, pts. 1 and 2, 102d Cong., 2d Sess. 
        (1992).

    13. Ethics Study Commission:
          Recommending Revisions to the Procedures of the 
        Senate Select Committee on Ethics, S. Prt. No. 103-71, 
        103d Cong., 2d Sess. (1994).
          Recommending Revisions to the Procedures of the 
        Senate Select Committee on Ethics, S. Hrg. No. 103-142, 
        103d Cong., 1st Sess. (1993).

                                
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