[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).