[Congressional Record Volume 140, Number 76 (Thursday, June 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 229--AUTHORIZING OVERSIGHT HEARINGS BY THE COMMITTEE 
                 ON BANKING, HOUSING, AND URBAN AFFAIRS

  Mr. MITCHELL submitted the following resolution; which was read and 
ordered placed on the calendar:

                              S. Res. 229

       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 Riegle and Senator Roth from the Committee on 
     Finance; and
       (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-Braun 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 XXV 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.

       ``(1) 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.
       ``(2) 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.''

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