[Congressional Record Volume 143, Number 48 (Tuesday, April 22, 1997)]
[Senate]
[Pages S3414-S3415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SUPPLEMENT TO COMMITTEE ON RULES AND ADMINISTRATION RULES OF PROCEDURE

  Mr. WARNER. Mr. President, on April 17, 1997, the Senate Committee on 
Rules and Administration adopted rules of procedure as a supplement to 
the Committee Rules of Procedure for the purpose of the committee's 
investigation of the election for U.S. Senator in the State of 
Louisiana in 1996.
  I ask unanimous consent that the rules of procedure be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Committee on Rules and Administration Committee Motion

              (As passed by the Committee, April 17, 1997)

       Whereas, the United States Constitution, Article I, Section 
     5 provides that the Senate is ``the Judge of the Elections, 
     Returns, and Qualifications of its own Members * * *'';
       Whereas, the United States Supreme Court has reviewed this 
     Constitutional provision on several occasions and has held: 
     ``[The Senate] is the judge of elections, returns and 
     qualifications of its members. * * * It is fully empowered, 
     and may determine such matters without the aid of the House 
     of Representatives or the Executive or Judicial Department,'' 
     [Reed et al. v. The County Comm'rs of Delaware County, Penn., 
     277 U.S. 376, 388 (1928)]; and
       Whereas, in the course of Senate debate, it has been 
     stated: ``The Constitution vested in this body not only the 
     power but the duty to judge, when there is a challenged 
     election result involving the office of U.S. Senator.'' 
     [Congressional Record Vol. 121, Part 1, p. 440].
       Therefore, the Committee on Rules and Administration, 
     having been given jurisdiction over ``contested elections'' 
     under Rule 25 of the Standing Rules of the Senate, authorizes 
     the Chairman, in consultation with the ranking minority 
     member, to direct and conduct an Investigation of such scope 
     as deemed necessary by the Chairman, into illegal or improper 
     activities to determine the existence or absence of a body of 
     fact that would justify the Senate in making the 
     determination that fraud, irregularities or other errors, in 
     the aggregate, affected the outcome of the election for 
     United States Senator in the state of Louisiana in 1996.
       This Committee Motion will operate in conjunction with and 
     concurrent to the Standing Rules of the Senate. In addition, 
     the following Rules of Procedure are applicable, as a 
     supplement to the Committee Rules of Procedure:
       A. Full Committee subpoenas: The chairman, with the 
     approval of the ranking minority member of the Committee, is 
     authorized to subpoena the attendance of witnesses or the 
     production of memoranda, documents, records, or any other 
     materials at a hearing or deposition, provided that the 
     chairman

[[Page S3415]]

     may subpoena attendance or production without the approval of 
     the ranking minority member where the chairman or a staff 
     officer designated by him has not received notification from 
     the ranking minority member or a staff officer designated by 
     him of disapproval of the subpoena within 72 hours, excluding 
     Saturdays and Sundays, of being notified of the subpoena. If 
     a subpoena is disapproved by the ranking minority member as 
     provided in this section, the subpoena may be authorized by 
     vote of the members of the Committee. When the Committee 
     or chairman authorizes subpoenas, subpoenas may be issued 
     upon the signature of the chairman or any other member of 
     the Committee designated by the chairman.
       B. Quorum: One member of the Committee shall constitute a 
     quorum for taking sworn or unsworn testimony.
       C. Swearing Witnesses: All witnesses at public or executive 
     hearings who testify to matters of fact shall be sworn. Any 
     Member of the Committee is authorized to administer an oath.
       D. Witness Counsel: 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 or deposition, and to advise such witness 
     while he is testifying, of his legal rights. Provided, 
     however, that in the case of any witness who is an officer or 
     employee of the government, or of a corporation or 
     association, the Committee chairman 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 may only 
     be represented during deposition by Committee staff or 
     consultant or during testimony before the Committee by 
     personal counsel not from the government, corporation, or 
     association, or by personal counsel not representing other 
     witnesses. This rule shall not be construed to excuse a 
     witness from testifying in the event his counsel is ejected 
     for conducting himself in such a manner so as to prevent, 
     impede, disrupt, obstruct, or interfere with the orderly 
     administration of the hearings; nor shall this rule be 
     construed as authorizing counsel to coach the witness or 
     answer for the witness. The failure of any witness to secure 
     counsel shall not excuse such witness from complying with a 
     subpoena or deposition notice.
       E. Full Committee depositions: Depositions may be taken 
     prior to or after a hearing as provided in this section.
       (1) Notices for the taking of depositions shall be 
     authorized and issued by the chairman, with the approval of 
     the ranking minority member of the Committee, provided that 
     the chairman may initiate depositions without the approval of 
     the ranking minority member where the chairman or a staff 
     officer designated by him has not received notification from 
     the ranking minority member or a staff officer designated by 
     him of disapproval of the deposition within 72 hours, 
     excluding Saturdays and Sundays, of being notified of the 
     deposition notice. If a deposition notice is disapproved by 
     the ranking minority member as provided in this subsection, 
     the deposition notice may be authorized by a vote of the 
     members of the Committee. Committee deposition notices shall 
     specify a time and place for examination, and the  name of 
     the Committee member(s) or Committee staff member(s) or 
     consultant(s) 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 or produce unless the deposition notice 
     was accompanied by a Committee subpoena.
       (2) Witnesses may be accompanied at a deposition by counsel 
     to advise them of their legal rights, subject to the 
     provisions of Section D.
       (3) Oaths at depositions may be administered by an 
     individual authorized by local law to administer oaths. 
     Questions shall be propounded orally by Committee member(s) 
     or Committee staff or consultant(s). If a witness objects to 
     a question and refuses to testify, the objection shall be 
     noted for the record and the Committee member(s) or Committee 
     staff or consultant(s) may proceed with the remainder of the 
     deposition.
       (4) The Committee shall see that the testimony is 
     transcribed or electronically recorded (which may include 
     audio or audio/video recordings). If it is transcribed, the 
     transcript shall be made available for inspection by the 
     witness or his or her counsel under Committee supervision. 
     The witness shall sign a copy of the transcript and may 
     request changes to it. If the witness fails to sign a copy, 
     the staff shall note that fact on the transcript. 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 chief clerk of the Committee. The chairman or 
     a staff officer designated by him may stipulate with the 
     witness to changes in the procedure; deviations from this 
     procedure which do not substantially impair the reliability 
     of the record shall not relieve the witness from his or her 
     obligation to testify truthfully.
       (5) The Chairman and the ranking minority member, acting 
     jointly, or the Committee may authorize Committee staff or 
     consultants to take testimony orally, by sworn statement, or 
     by deposition. In the case of depositions, both the Chairman 
     and ranking minority member shall have the right to designate 
     Committee staff or consultants to ask questions at the 
     deposition. This section shall only be applicable subsequent 
     to approval by the Senate of authority for the Committee to 
     take depositions by Committee staff or consultants.
       F. Interviews and General Inquiry: Committee staff or 
     consultants hired by or detailed to the Committee may conduct 
     interviews of potential witnesses and otherwise obtain 
     information related to this Investigation. The Chairman and 
     the ranking minority member, acting jointly, or the Committee 
     shall determine whether information obtained during this 
     Investigation shall be considered secret or confidential 
     under Rule 29.5 of the Standing Rules of the Senate and not 
     released to any person or entity other than Committee 
     Members, staff or consultants.
       G. Federal, State, and Local Authorities: 1. Referral: When 
     it is determined by the chairman and ranking minority member, 
     or by a majority of the Committee, that there is reasonable 
     cause to believe that a violation of law may have occurred, 
     the chairman and ranking minority member by letter, or the 
     Committee by resolution, are authorized to report such 
     violation to the proper Federal, State, and/or local 
     authorities. Such letter or report may recite the basis for 
     the determination of reasonable cause. This rule is not 
     authority for release of documents or testimony.
       2. Coordination: The Chairman is encouraged to seek the 
     cooperation and coordination of appropriate federal, state, 
     and local authorities, including law enforcement authorities 
     in the conduct of this Investigation.
       H. Conflict of Rules: To the extent there is conflict 
     between the Rules of Procedure contained herein and the Rules 
     of Procedure of the Committee, the Rules of Procedure 
     contained herein apply, as it relates to the conduct of this 
     Investigation authorized herein.

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