[United States Senate Manual, 107th Congress] [S. Doc. 107-1] [Non-statutory Standing Orders and Regulations Affecting the Business of the Senate] [Page 95] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 95]] ------------------------------------------------------------ NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND RESOLUTIONS AFFECTING THE BUSINESS OF THE SENATE ------------------------------------------------------------ 60 PUBLIC ACCESS TO SENATE RECORDS AT THE NATIONAL ARCHIVES Resolved, That any records of the Senate or any committee of the Senate which are transferred to the General Services Administration under rule XI of the Standing Rules of the Senate and section 2114 of Title 44, United States Code, and which have been made public prior to their transfer may be made available for public use. Sec. 2. (a) Subject to such rules or regulations as the Secretary of the Senate may prescribe, any other records of the Senate or any committee of the Senate which are so transferred may be made available for public use-- (1) in the case of investigative files relating to individuals and containing personal data, personnel records, and records of executive nominations, when such files and records have been in existence for fifty years; and (2) in the case of all other such records, when such records have been in existence for twenty years. (b) Notwithstanding the provisions of subsection (a), any committee of the Senate may, by action of the full committee, prescribe a different time when any of its records may be made available for public use, under specific conditions to be fixed by such committee, by giving notice thereof to the Secretary of the Senate and the Administrator of General Services. Sec. 3. (a) This resolution shall not be construed to authorize the public disclosure of any record pursuant to section 2 if such disclosure is prohibited by law or Executive order of the President. (b) Notwithstanding the provisions of section 2, the Secretary of the Senate may prohibit or restrict the public disclosure of any record so transferred, other than any [[Page 96]] record of a Senate committee, if he determines that public disclosure of such record would not be in the public interest and so notifies the Administrator of General Services. Sec. 4. The Secretary of the Senate shall transmit a copy of this resolution to the Administrator of General Services. [S. Res. 474, 96-2, Dec. 1, 1980.] 61 PRINTING IN CONGRESSIONAL RECORD Resolved, That hereafter no written or printed matter shall be received for printing in the body of the Congressional Record as a part of the remarks of any Senator unless such matter (1) shall have been read orally by such Senator on the floor of the Senate, or (2) shall have been offered and received for printing in such manner as to indicate clearly that the contents thereof were not read orally by such Senator on the floor of the Senate. All such matter shall be printed in the Record in accordance with the rules prescribed by the Joint Committee on Printing. No request shall be entertained by the Presiding Officer to suspend by unanimous consent the requirements of this resolution. [S. Jour. 510, 80-1, July 23, 1947.] 62 SPECIAL DEPUTIES Resolved, That the Sergeant at Arms of the Senate is authorized and empowered from time to time to appoint such special deputies as he may think necessary to serve process or perform other duties devolved upon the Sergeant at Arms by law or the rules or orders of the Senate, or which may hereafter be devolved upon him, and in such case they shall be officers of the Senate; and any act done or return made by the deputies so appointed shall have like effect and be of the same validity as if performed or made by the Sergeant at Arms in person. [S. Jour. 47, 51-1, Dec. 17, 1889.] 63 PERSONS NOT FULL-TIME EMPLOYEES OF SENATE \1\ Resolved, That hereafter, standing or select committees employing the services of persons who are not full-time employees of the Senate or any committee thereof shall submit monthly reports to the Senate (or to the Secretary during a recess or adjournment) showing (1) the name and address of any such person; (2) the name and address of [[Page 97]] the department or organization by whom his salary is paid; and (3) the annual rate of compensation in each case. --------------------------------------------------------------------------- \1\See also paragraphs 4 and 6 of rule XLI of the Standing Rules of the Senate, Senate Manual sections 41.4, 41.6. --------------------------------------------------------------------------- [S. Jour. 407, 78-2, Aug. 23, 1944.] 64 FLOWERS IN THE SENATE CHAMBER Resolved, That until further orders the Sergeant at Arms is instructed not to permit flowers to be brought into the Senate Chamber. [S. Jour. 261, 58-3, Feb. 24, 1905.] Resolved, That notwithstanding the resolution of the Senate of February 24, 1905, upon the death of a sitting Senator, the majority leader and the minority leader may permit a display of flowers to be placed upon the desk of the deceased Senator on the day set aside for eulogies. [S. Res. 221, 98-1, Sept. 15, 1983.] 65 SENATE PAGES Resolved, That it shall be the duty of the Sergeant at Arms to classify the pages of the Senate, so that at the close of the present and each succeeding Congress, one-half the number shall be removed * * *. [S. Jour. 514, 33-1, July 17, 1854.] Resolved, That until otherwise hereafter provided for by law, there shall be paid out of the contingent fund of the Senate such amounts as may be necessary to enable the Secretary of the Senate to furnish educational services and related items for Senate Pages in accordance with this resolution. Sec. 2. The Senate Page program shall be administered by the Sergeant at Arms and Doorkeeper of the Senate and the Secretaries for the majority and minority of the Senate. All policy decisions regarding the operation of the Senate Page program shall be made by the Senate management board, with the concurrence of the majority and minority leaders of the Senate. Sec. 3. In order to provide educational services and related items for Senate Pages, the Secretary of the Senate is authorized to enter into a contract, agreement, or other arrangement with the Board of Education of the District of Columbia, or to provide such educational services and items in such other manner as he may deem appropriate. Sec. 4. The educational services under the Senate Page program shall consist of an academic year comprising two terms, and a Page serving in such program shall be in the eleventh grade. [[Page 98]] Sec. 5. The resolution shall take effect as of the date of its approval. [S. Res. 184, 98-1, July 29, 1983.] Resolved, That the Secretary of the Senate is authorized to withhold from the salary of each Senate page who resides in the page residence hall an amount equal to the charge imposed for lodging, meals, and related services, furnished to such page in such hall. The amounts so withheld shall be transferred by the Secretary of the Senate to the Clerk of the House of Representatives for deposit by such Clerk in the revolving fund, within the contingent fund of the House of Representatives, for the page residence hall and page meal plan, as established by H. Res. 64, 98th Congress. [S. Res. 78, 98-1, Mar. 2, 1983.] 66 SEAL OF THE SENATE Resolved, That the Secretary shall have the custody of the seal, and shall use the same for the authentication of process transcripts, copies, and certificates whenever directed by the Senate; and may use the same to authenticate copies of such papers and documents in his office as he may lawfully give copies of. [S. Jour. 194, 49-1, Jan. 20, 1886.] 67 SEAL OF PRESIDENT PRO TEMPORE Resolved, That the President pro tempore of the Senate is authorized to adopt and use an official seal of his office. Sec. 2. Expenses incident to the designing and procurement of such seal shall be paid from the contingent fund of the Senate upon vouchers signed by the President pro tempore of the Senate. Sec. 3. A description and illustration of the seal adopted pursuant to this resolution shall be transmitted to the General Services Administration for publication in the Federal Register. [S. Jour. 686, 83-2, Aug. 14, 1954.] 68 MARBLE BUSTS OF VICE PRESIDENTS Resolved, That marble busts of those who have been Vice Presidents of the United States shall be placed in the Senate wing of the Capitol from time to time, that the Architect of the Capitol is authorized, subject to the advice and approval of the Senate committee on Rules and Administration, to carry into the execution the object of this resolution, and the expenses incurred in doing so shall be paid out of the contingent fund of the Senate. [S. Jour. 40, 55-2, Jan. 6, 1898; S. Jour. 173, 80-1, Mar. 28, 1947.] [[Page 99]] 69 READING OF WASHINGTON'S FAREWELL ADDRESS Ordered, That, unless otherwise directed, on the twenty- second day of February in each year, or if that day shall be on Sunday, then on the day following, immediately after the reading of the Journal, Washington's Farewell Address shall be read to the Senate by a Senator to be designated for the purpose by the Presiding Officer; and that thereafter the Senate will proceed with its ordinary business. [S. Jour. 103, 56-2, Jan. 24, 1901.] 70 REIMBURSEMENT OF WITNESS EXPENSES\1\ Resolved, That witnesses appearing before the Senate or any of its committees may be authorized reimbursement for per diem expenses incurred for each day while traveling to and from the place of examination and for each day in attendance. Such reimbursement shall be made on an actual expense basis which shall not exceed the daily rate prescribed by the Committee on Rules and Administration, unless such limitation is specifically waived by such committee. A witness may also be authorized reimbursement of the actual and necessary transportation expenses incurred by the witness in traveling to and from the place of examination. --------------------------------------------------------------------------- \1\The Legislative Branch Appropriation Act, 1961 (July 12, 1960, Public Law 86-628, 74 Stat. 449), contained the following restriction on advances of witness fees: ``No part of any appropriation disbursed by the Secretary of the Senate shall be available hereafter for the payment to any person, at the time of the service upon him of a subpena requiring his attendance at any inquiry or hearing conducted by any committee of the Congress or of the Senate or any subcommittee of any such committee, of any witness fee or any sum of money as an advance payment of any travel or subsistence expense which may be incurred by such person in responding to that subpena.'' --------------------------------------------------------------------------- Sec. 2. (a) The provisions of this resolution shall be effective with respect to all witness expenses incurred on or after October 1, 1987. (b) Senate Resolution 538, agreed to December 8, 1980, is repealed effective on October 1, 1987. [S. Res. 259, 100-1, Aug. 5, 1987.] 71 COMMITTEE ON APPROPRIATIONS AUTHORITY Resolved, That for the purpose of obtaining and laying factual data and information before the Senate Committee on Appropriations, or any subcommittee thereof, for its consideration in the discharge of its functions, the chairman or acting chairman of said committee is hereby authorized and directed, within the limit of funds made available by [[Page 100]] resolutions of the Senate, to appoint and employ such experts as he may deem necessary to obtain such data and information, and such experts, upon the written authority of the chairman or acting chairman, shall have the right to examine the books, documents, papers, reports, or other records of any department, agency, or establishment of the Federal Government in the District of Columbia and elsewhere; be it further Resolved, That the said committee through its chairman is hereby authorized, within the limit of funds made available by resolutions of the Senate, to appoint additional clerical help and assistants. [S. Res. 193, 78-1, Oct. 14, 1943; S. Res. 281, 96-2, Mar. 11, 1980.] 72 CLOSING THE OFFICE OF A SENATOR OR SENATE LEADER WHO DIES OR RESIGNS Resolved, That (a)(1) In the case of the death or resignation of a Senator during his term of office, the employees in the office of such Senator who are on the Senate payroll on the date of such death or resignation shall be continued on such payroll at their respective salaries for a period not to exceed sixty days, or such greater number of days as may, in any particular case, be established by the Senate Committee on Rules and Administration as being required to complete the closing of the office of such Senator. Such employees so continued on the payroll of the Senate shall, while so continued, perform their duties under the direction of the Secretary of the Senate, and such Secretary shall remove from such payroll any such employees who are not attending to the duties for which their services are continued. (2) If an employee of a Senator continued on the Senate payroll pursuant to paragraph (1) resigns or is terminated during the period required to complete the closing of the office of such Senator, the Secretary of the Senate may replace such employee by appointing another individual. Any individual appointed as a replacement under the authority of the preceding sentence shall be subject to the same terms of employment, except for salary, as the employee such individual replaces. (b) In the case of the death or resignation of a Senator while holding the office of President pro tempore, Deputy President pro tempore, Majority Leader, Minority Leader, Majority Whip, Minority Whip, Secretary of the Conference of the Majority, or Secretary of the Conference of the Mi [[Page 101]] nority, of the Senate, the employees of such office who are on the payroll of the Senate on the date of such death or resignation shall be continued on the Senate payroll in like manner and under the same conditions as are employees in the office of such Senator under subsection (a) of this section. (c) No employee of the Senate who is continued on the payroll of the Senate under the preceding provisions of this section on account of the death or resignation of a Senator shall be continued on such payroll after the date of the expiration of the term of office of such Senator as a Senator, or, such later date as may, in any particular case, be established by the Senate Committee on Rules and Administration as being required to complete the closing of the office of such Senator. (d) Payment of salaries of employees who are continued on the Senate payroll under authority of this section, and payment of agency contributions with respect to such salaries, shall be made from the account for Miscellaneous Items within the contingent fund of the Senate. (e) During any period for which the employees of the office of a Senator, who has died or resigned, are continued on the Senate payroll under the first section of this resolution, official office expenses which are necessary in closing such Senator's office (or offices in case of a Senator who dies or resigns while holding an office referred to in subsection (b) of this section) shall be made from the account for Miscellaneous Items within the contingent fund of the Senate upon vouchers approved by the Secretary of the Senate; except that the aggregate of such expenses shall not exceed an amount equal to one-tenth of such Senator's official office expense account for the year in which he died or resigned. (f) Duties to be performed by the Secretary of the Senate under this section and under section 2 of this resolution shall be performed under the direction of the Senate Committee on Rules and Administration. Sec. 2. In the case of the death of any Senator, the Secretary of the Senate may, with respect to any item of expense for which payment had been authorized to be made from such Senator's official office expense account, certify for such deceased Senator for any sum already obligated but not certified to at the time of such Senator's death [[Page 102]] for payment to the person or persons designated as entitled to such payment by such Secretary. Sec. 3. (a) The Sergeant at Arms and Doorkeeper of the Senate shall make such arrangements as may be necessary, in accordance with such regulations as the Senate Committee on Rules and Administration may prescribe, for: (1) the funeral of a deceased Senator; and (2) any committee appointed to attend the funeral of a deceased Senator. (b) Expenses incurred in carrying out the provisions of subsection (a) of this section shall be paid from the account for Miscellaneous Items within the contingent fund of the Senate, on vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. Sec. 4. The following Senate resolutions are repealed: S. Res. 5, 82d Congress (agreed to April 11, 1951), and S. Res. 354, 95th Congress (agreed to January 20, 1978). Sec. 5. (a) Except as provided in subsection (b) of this section, the provisions of this resolution shall take effect upon the date it is agreed to by the Senate. (b) The first section of this resolution shall take effect on the date that there is hereafter enacted a provision of law which (1) makes inapplicable to any employee of the Senate the provisions of the third paragraph under the heading ``Clerical assistance to Senators'' of the first section of the Legislative Appropriation Act for the fiscal year ending June 30, 1928 (2 U.S.C. 92a), and (2) repeals (A) the last paragraph under the heading ``Clerical assistance to Senators'' of the first section of the Legislative Branch Appropriation Act, 1944 (2 U.S.C. 92e), (B) the last paragraph under the heading ``Clerical assistance to Senators'' of the first section of the Legislative Branch Appropriation Act, 1945 (2 U.S.C. 92e), (C) the next-to-last paragraph under the heading ``Clerical assistance to Senators'' of the first section of the Legislative Branch Appropriation Act, 1946 (2 U.S.C. 92e), and (D) the next-to-last paragraph under the heading ``Clerical assistance to Senators'' of the first section of the Legislative Branch Appropriation Act, 1947 (2 U.S.C. 92e). (c) After the date this resolution is agreed to, the Chairman of the Senate Committee on Rules and Administration shall make no further certifications under authority of sec [[Page 103]] tion 506(g) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(g)). [S. Res. 458, 98-2, Oct. 4, 1984; S. Res. 173, 100-1, Mar. 4, 1987.] 73 PAY OF COMMITTEE STAFF DISPLACED BY CHANGE OF CHAIRMAN OR RANKING MINORITY MEMBER \1\ --------------------------------------------------------------------------- \1\ S. Res. 9 established these provisions by amendment to S. Res. 458 (Sec. 72 above). --------------------------------------------------------------------------- Sec. 6. (a) For purposes of this section: (1) The term ``committee'' means a standing, select or special committee, or commission of the Senate, or a joint committee of the Congress whose funds are disbursed by the Secretary of the Senate. (2) The terms ``Chairman'' and ``Ranking Minority Member'' means the Chairman, Vice Chairman, Cochairman and Ranking Minority Member of a committee. (3) The term ``eligible staff member'' means an individual who was an employee of a committee, or subcommittee thereof, for at least one hundred and eighty-three days (whether or not service was continuous) prior to the termination of employment as described in paragraph (4), and whose pay is disbursed by the Secretary of the Senate. (4) The term ``displaced staff member'' means an eligible staff member whose service as an employee of the Senate is terminated solely and directly as a result of a change of the individual occupying the position of Chairman or Ranking Minority Member of a committee and who is certified as a displaced staff member by the Chairman and Ranking Minority Member of the committee to the Secretary of the Senate. Such certification shall be made no later than 60 days from the date of such change. (b) The Secretary of the Senate shall notify the Committee on Rules and Administration of the name of each displaced staff member. (c)(1) Under regulations prescribed by the Committee on Rules and Administration each displaced staff member shall, upon application to the Secretary of the Senate and approval by the Committee on Rules and Administration, continue to be paid at their respective salaries for a period not to exceed 60 days following the staff member's date of termination or until the staff member becomes otherwise gainfully employed, whichever is earlier. [[Page 104]] (2) A statement in writing by any such employee that he was not gainfully employed during such period or the portion thereof for which payment is claimed shall be accepted as prima facie evidence that he was not so employed. (d) Funds necessary to carry out the provisions of this section shall be available as set forth in section 1(d). [S. Res. 9, 103-1, Jan. 7, 1993.] 74 PAY OF CLERICAL AND OTHER ASSISTANTS AS AFFECTED BY TERMINATION OF SERVICE OF APPOINTED SENATORS Resolved, That in any case in which (1) a Senator is appointed to fill any portion of an unexpired term, (2) an election is thereafter held to fill the remainder of such unexpired term, and (3) the Senator so appointed is not a candidate or if a candidate is not elected at such election, his clerical and other assistants on the payroll of the Senate on the date of termination of his service shall be continued on such roll at their respective salaries until the expiration of thirty days following such date or until they become otherwise gainfully employed, whichever is earlier, such sums to be paid from the contingent fund of the Senate. A statement in writing by any such employee that he was not gainfully employed during such period or the portion thereof for which payment is claimed shall be accepted as prima facie evidence that he was not so employed. The provisions of this resolution shall not apply to an employee of any such Senator if on or before the date of termination of his service he notifies the Disbursing Office of the Senate in writing that he does not wish the provisions of this resolution to apply to such employee. [S. Jour. 421, 86-2, June 28, 1960.] 75 LEAVE WITHOUT PAY STATUS FOR CERTAIN SENATE EMPLOYEES PERFORMING SERVICE IN THE UNIFORMED SERVICES Sec. 1. Leave without pay status for certain senate employees performing service in the uniformed services. (a) Definitions.--In this section-- (1) the terms ``employee'' and ``Federal executive agency'' have the meanings given those terms under section 4303 (3) and (5) of title 38, United States Code, respectively; and (2) the term ``employee of the Senate'' means any employee whose pay is disbursed by the Secretary of the Senate, except that the term does not include [[Page 105]] a member of the Capitol Police or a civilian employee of the Capitol Police. (b) Leave without pay status--An employee of the Senate who is deemed to be on furlough or leave of absence under section 4316(b)(1)(A) of title 38, United States Code, by reason of service in the uniformed services-- (1) may be placed in a leave without pay status while so on furlough or leave of absence; and (2) while placed in that status, shall be treated-- (A) subject to subparagraph (B), as an employee of a Federal executive agency in a leave without pay status for purposes of chapters 83, 84, 87, and 89 of title 5, United States Code; and (B) as a Congressional employee for purposes of those chapters. (c) Effective Date.--This section shall take effect on October 1, 2001, and apply to fiscal year 2002 and each fiscal year thereafter. [S. Res. 193, 107-1, Dec. 18, 2001.] 76 PRINTING OF THE EXECUTIVE JOURNAL Resolved, That, beginning with the first session, Ninetieth Congress, the Secretary of the Senate is authorized to have printed not more than one hundred and fifty copies of the Executive Journal for a session of the Congress. [S. Jour. 167, 90-1, Feb. 17, 1967.] 77 LOYALTY CHECKS ON SENATE EMPLOYEES \1\ Resolved, That hereafter when any person is appointed as an employee of any committee of the Senate, of any Senator, or of any office of the Senate the committee, Senator, or officer having authority to make such appointment shall transmit the name of such person to the Federal Bureau of Investigation, together with a request that such committee, Senator, or officer be informed as to any derogatory and rebutting information in the possession of such agency concerning the loyalty and reliability for security purposes of such person, and in any case in which such derogatory information is revealed such committee, Senator, or officer shall make or cause to be made such further investigation as shall have been considered necessary to [[Page 106]] determine the loyalty and reliability for security purposes of such person. --------------------------------------------------------------------------- \1\ This resolution has not been generally implemented since the Federal Bureau of Investigation took the position that it was not authorized to divulge the information referred to in the resolution. However, the Bureau and the Department of Defense cooperate with Senate committees and offices which request security checks of specific employees when it is considered necessary by a committee chairman or officer of the Senate. --------------------------------------------------------------------------- Every such committee, Senator, and officer shall promptly transmit to the Federal Bureau of Investigation a list of the names of the incumbent employees of such committee, Senator, or officer together with a request that such committee, Senator, or officer be informed of any derogatory and rebutting information contained in the files of such agency concerning the loyalty and reliability for security purposes of such employee. [S. Jour. 144, 83-1, Mar. 6, 1953.] 78 AUTHORIZING SUIT BY SENATE COMMITTEES Resolved, That hereafter any committee of the Senate is hereby authorized to bring suit on behalf of and in the name of the United States in any court of competent jurisdiction if the committee is of the opinion that the suit is necessary to the adequate performance of the powers vested in it or the duties imposed upon it by the Constitution, resolution of the Senate, or other law. Such suit may be brought and prosecuted to final determination irrespective of whether or not the Senate is in session at the time the suit is brought or thereafter. The committee may be represented in the suit either by such attorneys as it may designate or by such officers of the Department of Justice as the Attorney General may designate upon the request of the committee. No expenditures shall be made in connection with any such suit in excess of the amount of funds available to the said committee. As used in this resolution, the term ``committee'' means any standing or special committee of the Senate, or any duly authorized subcommittee thereof, or the Senate members of any joint committee. [S. Jour. 572, 70-1, May 28, 1928.] 79 SENATE YOUTH PROGRAM Whereas the continued vitality of our Republic depends, in part, on the intelligent understanding of our political processes and the functioning of our National Government by the citizens of the United States; and Whereas the durability of a constitutional democracy is dependent upon alert, talented, vigorous competition for political leadership; and Whereas individual Senators have cooperated with various private and university undergraduate and graduate fellowship and internship programs relating to the work of Congress; and [[Page 107]] Whereas, in the high schools of the United States, there exists among students who have been elected to student- body offices in their sophomore, junior, or senior year a potential reservoir of young citizens who are experiencing their first responsibilities of service to a constituency and who should be encouraged to deepen their interest in and understanding of their country's political processes: Now, therefore, be it Resolved, That the Senate hereby expresses its willingness to cooperate in a nationwide competitive high school Senate youth program which would give several representative high school students from each State a short indoctrination into the operation of the United States Senate and the Federal Government generally, if such a program can be satisfactorily arranged and completely supported by private funds with no expense to the Federal Government. Sec. 2. The Senate Committee on Rules and Administration shall investigate the possibility of establishing such a program and, if the committee determines such a program is possible and advisable, it shall make the necessary arrangements to establish the program. Sec. 3. For the purpose of this resolution, the term ``State'' includes the Department of Defense education system for dependents in overseas areas. [S. Res. 324, 87-2, May 17, 1962; S. Res. 146, 97-1, July 30, 1981.] Whereas by S. Res. 324 of the Eighty-seventh Congress, agreed to May 17, 1962, the Senate expressed its willingness to cooperate in a nationwide competitive Senate youth program supported by private funds, which would give representative high school students from each State a short indoctrination into the operation of the United States Senate and the Federal Government generally, and authorized the Senate Committee on Rules and Administration, if it should find such a program possible and advisable, to make the necessary arrangements therefor; and Whereas the Committee on Rules and Administration, after appropriate investigation, having determined such a program to be not only possible but highly desirable, authorized its establishment and with the support of the leaders and other Members of the Senate and the cooperation of certain private institutions made the necessary arrangements therefor; and [[Page 108]] Whereas, pursuant to such arrangements, and with the cooperation of and participation by the offices of every Member of the Senate and the Vice President, one hundred and two student leaders representing all States of the Union and the District of Columbia were privileged to spend the period from January 28, 1963, through February 2, 1963, in the Nation's Capitol, thereby broadening their knowledge and understanding of Congress and the legislative process and stimulating their appreciation of the importance of a freely elected legislature in the perpetuation of our democratic system of government; and Whereas by S. Res. 147 of the Eighty-eighth Congress, agreed to May 27, 1963, another group of student leaders from throughout the United States spent approximately one week in the Nation's Capitol, during January 1964; and Whereas it is the consensus of all who participated that the above two programs were unqualifiedly successful, and in all respects worthy and deserving of continuance; and Whereas the private foundation which financed the initial programs has graciously offered to support a similar program during the year ahead: Now, therefore, be it Resolved, That, until otherwise directed by the Senate the Senate youth program authorized by S. Res. 324 of the Eighty-seventh Congress, agreed to May 17, 1962, and extended by S. Res. 147, agreed to May 27, 1963, may be continued at the discretion of and under such conditions as may be determined by the Committee on Rules and Administration. [S. Jour. 196, 88-2, Apr. 16, 1964.] 80 SELECT COMMITTEE ON ETHICS Resolved, That (a) there is hereby established a permanent select committee of the Senate to be known as the Select Committee on Ethics (referred to hereinafter as the ``Select Committee'') consisting of six Members of the Senate, of whom three shall be selected from members of the majority party and three shall be selected from members of the minority party. Members thereof shall be appointed by the Senate in accordance with the provisions of paragraph 1 of rule XXIV of the Standing Rules of the Senate at the beginning of each Congress. The Select Committee shall select a chairman or a vice chairman from among [[Page 109]] its members. For purposes of paragraph 4\1\ of rule XXV of the Standing Rules of the Senate, service of a Senator as a member or chairman of the Select Committee shall not be taken into account. --------------------------------------------------------------------------- \1\ Changed from ``paragraph 6'' as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979. --------------------------------------------------------------------------- (b) Vacancies in the membership of the Select Committee shall not affect the authority of the remaining members to execute the functions of the committee, and shall be filled in the same manner as original appointments thereto are made. (c)(1) A majority of the members of the Select Committee shall constitute a quorum for the transaction of business involving complaints and allegations of misconduct, including the consideration of matters involving sworn complaints, unsworn allegations or information, resultant preliminary inquiries, initial reviews, investigations, hearings, recommendations or reports, and matters relating to S. Res. 400, agreed to May 19, 1976. (2) Three members shall constitute a quorum for the transaction of the routine business of the Select Committee not covered by the first paragraph of this subparagraph, including requests for opinions and interpretations concerning the Code of Official Conduct or any other statute or regulation under the jurisdiction of the Select Committee, if one member of the quorum is a member of the majority party and one member of the quorum is a member of the minority party. During the transaction of routine business any member of the Select Committee constituting the quorum shall have the right to postpone further discussion of a pending matter until such time as a majority of the members of the Select Committee are present. (3) The Select Committee may fix a lesser number as a quorum for the purpose of taking sworn testimony. (d) (Repealed by S. Res. 271, 96-1, Oct. 31, 1979.) (e)(1) A member of the Select Committee shall be ineligible to participate in any initial review or investigation relating to his own conduct, the conduct of any officer or employee he supervises, or the conduct of any employee of any officer he supervises, or relating to any complaint filed by him, and the determinations and recommendations of the Select Committee with respect thereto. For purposes of this subparagraph, a Member of the Select Committee and an officer of the Senate shall be deemed to supervise [[Page 110]] any officer or employee consistent with the provision of paragraph 11 of rule XXXVII\1\ of the Standing Rules of the Senate. --------------------------------------------------------------------------- \1\ Changed from ``paragraph 12 of rule XLV'' as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979; further changed from ``paragraph 11 of rule XLV'' as a result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980. --------------------------------------------------------------------------- (2) A member of the Select Committee may, at his discretion, disqualify himself from participating in any initial review or investigation pending before the Select Committee and the determinations and recommendations of the Select Committee with respect thereto. Notice of such disqualification shall be given in writing to the President of the Senate. (3) Whenever any member of the Select Committee is ineligible under paragraph (1) to participate in any initial review or investigation or disqualifies himself under paragraph (2) from participating in any initial review or investigation, another Member of the Senate shall, subject to the provisions of subsection (d), be appointed to serve as a member of the Select Committee solely for purposes of such initial review or investigation and the determinations and recommendations of the Select Committee with respect thereto. Any Member of the Senate appointed for such purposes shall be of the same party as the Member who is ineligible or disqualifies himself. Sec. 2. (a) It shall be the duty of the Select Committee to-- (1) receive complaints and investigate allegations of improper conduct which may reflect upon the Senate, violations of law, violations of the Senate Code of Official Conduct, and violations of rules and regulations of the Senate, relating to the conduct of individuals in the performance of their duties as Members of the Senate, or as officers or employees of the Senate, and to make appropriate findings of fact and conclusions with respect thereto; (2) recommend to the Senate by report or resolution by a majority vote of the full committee disciplinary action (including, but not limited to, in the case of a Member: censure, expulsion, or recommendation to the appropriate party conference regarding such Member's seniority or positions of responsibility; and, in the case of an officer or employee: suspension or dismissal) to be taken with respect to such violations which the Select Committee shall determine, after ac [[Page 111]] cording to the individuals concerned due notice and opportunity for hearing, to have occurred; (3) recommend to the Senate, by report or resolution, such additional rules or regulations as the Select Committee shall determine to be necessary or desirable to insure proper standards of conduct by Members of the Senate, and by officers or employees of the Senate, in the performance of their duties and the discharge of their responsibilities; and (4) report violations by a majority vote of the full committee of any law to the proper Federal and State authorities. (b)(1) Each sworn complaint filed with the Select Committee shall be in writing, shall be in such form as the Select Committee may prescribe by regulation, and shall be under oath. (2) For purposes of this section, ``sworn complaint'' means a statement of facts within the personal knowledge of the complainant alleging a violation of law, the Senate Code of Official Conduct, or any other rule or regulation of the Senate relating to the conduct of individuals in the performance of their duties as Members, officers, or employees of the Senate. (3) Any person who knowingly and willfully swears falsely to a sworn complaint does so under penalty of perjury, and the Select Committee may refer any such case to the Attorney General for prosecution. (4) For the purposes of this section, ``investigation'' is a proceeding undertaken by the Select Committee after a finding, on the basis of an initial review, that there is substantial credible evidence which provides substantial cause for the Select Committee to conclude that a violation within the jurisdiction of the Select Committee has occurred. (c)(1) No investigation of conduct of a Member or officer of the Senate, and no report, resolution, or recommendation relating thereto, may be made unless approved by the affirmative recorded vote of not less than four members of the Select Committee. (2) No other resolution, report, recommendation, interpretative ruling, or advisory opinion may be made without an affirmative vote of a majority of the members of the Select Committee voting. (d)(1) When the Select Committee receives a sworn complaint against a Member or officer of the Senate, it shall [[Page 112]] promptly conduct an initial review of that complaint. The initial review shall be of duration and scope necessary to determine whether there is substantial credible evidence which provides substantial cause for the Select Committee to conclude that a violaton within the jurisdiction of the Select Committee has occurred. (2) If as a result of an initial review under paragraph (1), the Select Committee determines by a recorded vote that there is not such substantial credible evidence, the Select Committee shall report such determination to the complainant and to the party charged, together with an explanation of the basis of such determination. (3) If as a result of an initial review under paragraph (1), the Select Committee determines that a violation is inadvertent, technical, or otherwise of a de minimis nature, the Select Committee may attempt to correct or prevent such a violation by informal methods. (4) If as the result of an initial review under paragraph (1), the Select Committee determines that there is such substantial credible evidence but that the violation, if proven, is neither of a de minimis nature nor sufficiently serious to justify any of the penalties expressly referred to in subsection (a)(2), the Select Committee may propose a remedy it deems appropriate. If the matter is thereby resolved, a summary of the Select Committee's conclusions and the remedy proposed shall be filed as a public record with the Secretary of the Senate and a notice of such filing shall be printed in the Congressional Record. (5) If as the result of an initial review under paragraph (1), the Select Committee determines that there is such substantial credible evidence, the Select Committee shall promptly conduct an investigation if (A) the violation, if proven, would be sufficiently serious, in the judgment of the Select Committee, to warrant imposition of one or more of the penalties expressly referred to in subsection (a)(2), or (B) the violation, if proven, is less serious, but was not resolved pursuant to paragraph (4) above. Upon the conclusion of such investigation, the Select Committee shall report to the Senate, as soon as practicable, the results of such investigation together with its recommendations (if any) pursuant to subsection (a)(2). (6) Upon the conclusion of any other investigation respecting the conduct of a Member or officer undertaken by the Select Committee, the Select Committee shall report [[Page 113]] to the Senate, as soon as practicable, the results of such investigation together with its recommendations (if any) pursuant to subsection (a)(2). (e) When the Select Committee receives a sworn complaint against an employee of the Senate, it shall consider the complaint according to procedures it deems appropriate. If the Select Committee determines that the complaint is without substantial merit, it shall notify the complainant and the accused of its determination, together with an explanation of the basis of such determination. (f) The Select Committee may, in its discretion, employ hearing examiners to hear testimony and make findings of fact and/or recommendations to the Select Committee concerning the disposition of complaints. (g) Notwithstanding any other provision of this section, no initial review or investigation shall be made of any alleged violation of any law, the Senate Code of Official Conduct, rule, or regulation which was not in effect at the time the alleged violation occurred. No provision of the Senate Code of Official Conduct shall apply to or require disclosure of any act, relationship, or transaction which occurred prior to the effective date of the applicable provision of the Code. The Select Committee may conduct an initial review or investigation of any alleged violation of a rule or law which was in effect prior to the enactment of the Senate Code of Official Conduct if the alleged violation occurred while such rule or law was in effect and the violation was not a matter resolved on the merits by the predecessor Select Committee. (h) The Select Committee shall adopt written rules setting forth procedures to be used in conducting investigations of complaints. (i) The Select Committee from time to time shall transmit to the Senate its recommendation as to any legislative measures which it may consider to be necessary for the effective discharge of its duties. Sec. 3. (a) The Select Committee is authorized to (1) make such expenditures; (2) hold such hearings; (3) sit and act at such times and places during the sessions, recesses, and adjournment periods of the Senate; (4) require by subpena or otherwise the attendance of such witnesses and the production of such correpondence, books, papers, and documents; (5) administer such oaths; (6) take such testimony orally or by deposition; (7) employ and fix the com [[Page 114]] pensation of a staff director, a counsel, an assistant counsel, one or more investigators, one or more hearing examiners, and such technical, clerical, and other assistants and consultants as it deems advisable; and (8) to procure the temporary services (not in excess of one year) or intermittent services of individual consultants, or organizations thereof, by contract as independent contractors or, in the case of individuals, by employment at daily rates of compensation not in excess of the per diem equivalent of the highest rate of compensation which may be paid to a regular employee of the Select Committee. (b)(1) The Select Committee is authorized to retain and compensate counsel not employed by the Senate (or by any department or agency of the executive branch of the Government) whenever the Select Committee determines that the retention of outside counsel is necessary or appropriate for any action regarding any complaint or allegation, which, in the determination of the Select Committee is more appropriately conducted by counsel not employed by the Government of the United States as a regular employee. (2) Any investigation conducted under section 2 shall be conducted by outside counsel as authorized in paragraph (1), unless the Select Committee determines not to use outside counsel. (c) With the prior consent of the department or agency concerned, the Select Committee may (1) utilize the services, information, and facilities of any such department or agency of the Government, and (2) employ on a reimbursable basis or otherwise the services of such personnel of any such department or agency as it deems advisable. With the consent of any other committee of the Senate, or any subcommittee thereof, the Select Committee may utilize the facilities and the services of the staff of such other committee or subcommittee whenever the chairman of the Select Committee determines that such action is necessary and appropriate. (d) Subpenas may be issued (1) by the Select Committee or (2) by the chairman and vice chairman, acting jointly. Any such subpena shall be signed by the chairman or the vice chairman and may be served by any person designated by such chairman or vice chairman. The chairman of the Select Committee or any member thereof may administer oaths to witnesses. [[Page 115]] (e)(1) The Select Committee shall prescribe and publish such regulations as it feels are necessary to implement the Senate Code of Official Conduct. (2) The Select Committee is authorized to issue interpretative rulings explaining and clarifying the application of any law, the Code of Official Conduct, or any rule or regulation of the Senate within its jurisdiction. (3) The Select Committee shall render an advisory opinion, in writing within a reasonable time, in response to a written request by a Member or officer of the Senate or a candidate for nomination for election, or election to the Senate, concerning the application of any law, the Senate Code of Official Conduct, or any rule or regulation of the Senate within its jurisdiction to a specific factual situation pertinent to the conduct or proposed conduct of the person seeking the advisory opinion. (4) The Select Committee may in its discretion render an advisory opinion in writing within a reasonable time in response to a written request by any employee of the Senate concerning the application of any law, the Senate Code of Official Conduct, or any rule or regulation of the Senate within its jurisdiction to a specific factual situation pertinent to the conduct or proposed conduct of the person seeking the advisory opinion. (5) Notwithstanding any provision of the Senate Code of Official Conduct or any rule or regulation of the Senate, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraphs (3) and (4) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction by the Senate. (6) Any advisory opinion rendered by the Select Committee under paragraphs (3) and (4) may be relied upon by (A) any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered: Provided, however, That the request for such advisory opinion included a complete and accurate statement of the specific factual situation; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered. [[Page 116]] (7) Any advisory opinion issued in response to a request under paragraph (3) or (4) shall be printed in the Congressional Record with appropriate deletions to assure the privacy of the individual concerned. The Select Committee shall to the extent practicable, before rendering an advisory opinion, provide any interested party with an opportunity to transmit written comments to the Select Committee with respect to the request for such advisory opinion. The advisory opinions issued by the Select Committee shall be compiled, indexed, reproduced, and made available on a periodic basis. (8) A brief description of a waiver granted under section 102(a)(2)(B) of Title I of Ethics in Government Act of 1978\1\ or paragraph 1 of rule XXXV\2\ of the Standing Rules of the Senate shall be made available upon request in the Select Committee office with appropriate deletions to assure the privacy of the individual concerned. --------------------------------------------------------------------------- \1\Changed from ``paragraph 2(c), of rule XLII'' as a result of the adoption of S. Res. 220, 96-1, Aug. 3, 1979. \2\Changed from ``paragraph 1 of rule XLIII'' as a result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980. --------------------------------------------------------------------------- Sec. 4. The expenses of the Select Committee under this resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the Select Committee. Sec. 5. As used in this resolution, the term ``officer or employee of the Senate'' means-- (1) an elected officer of the Senate who is not a Member of the Senate; (2) an employee of the Senate, any committee or subcommittee of the Senate, or any Member of the Senate; (3) the Legislative Counsel of the Senate or any employee of his office; (4) an Official Reporter of Debates of the Senate and any person employed by the Official Reporters of Debates of the Senate in connection with the performance of their official duties; (5) a member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate; (6) an employee of the Vice President if such employee's compensation is disbursed by the Secretary of the Senate; [[Page 117]] (7) an employee of a joint committee of the Congress whose compensation is disbursed by the Secretary of the Senate. [S. Res. 338, 88-2, July 24, 1964; S. Res. 368, 93-2, July 25, 1974; S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 110, 95-1, Apr. 1, 1977; S. Res. 230, 95-1, July 25, 1977; S. Res. 312, 95-1, Nov. 1, 1977; S. Res. 271, 96-1, Oct. 31, 1979; S. Res. 78, 97-1, Feb. 24, 1981.] 81 SELECT COMMITTEE ON ETHICS--ADDITIONAL RESPONSIBILITY Resolved, That the Senate assigns responsibility for administering the reporting requirements of Title I of the Ethics in Government Act of 1978 to the Select Committee on Ethics. [S. Res. 223, 96-1, Aug. 2, 1979.] 82 SELECT COMMITTEE ON ETHICS--CHAIRMAN AND VICE CHAIRMAN LEGISLATIVE ASSISTANTS CLERK-HIRE ALLOWANCE Resolved, That effective October 31, 1979, service of a Senator as the chairman or ranking minority member of the Select Committee on Ethics shall not be taken into account for purposes of applying section 111(b) of the Legislative Branch Appropriation Act, 1978. [S. Res. 290, 96-1, Nov. 27, 1979.] 83 AUTHORIZING THE SELECT COMMITTEE ON ETHICS TO PROVIDE TRAINING ASSISTANCE TO ITS PROFESSIONAL STAFF Resolved, That the Select Committee on Ethics (hereinafter referred to as the ``Select Committee'') is authorized, with the approval of the Committee on Rules and Administration, to provide assistance for members of its professional staff in obtaining specialized training, whenever the Select Committee determines that such training will aid it in the discharge of its responsibilities. Sec. 2. (a) Assistance provided under authority of this resolution may be in the form of continuance of pay during periods of training or grants of funds to pay tuition, fees, or such other expenses of training, or both, as may be approved by the Committee on Rules and Administration. (b) The Select Committee shall obtain from any employee receiving such assistance such agreement with respect to continued employment with the Select Committee as it may deem necessary to assure that it will receive the benefits of such employee's services upon completion of his training. Sec. 3. The expenses of the Select Committee in providing assistance under authority of this resolution shall [[Page 118]] be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the Select Committee. [S. Res. 425, 97-2, Aug. 12, 1982.] 84 AWARD OF SERVICE PINS OR EMBLEMS Resolved, That the Committee on Rules and Administration is hereby authorized to provide for the awarding of service pins or emblems to Members, officers, and employees of the Senate, and to promulgate regulations governing the awarding of such pins or emblems. Such pins or emblems shall be of a type appropriate to be attached to the lapel of the wearer, shall be of such appropriate material and design, and shall contain such characters, symbols, or other matter, as the committee shall select. Sec. 2. The Secretary of the Senate, under direction of the committee and in accordance with regulations promulgated by the committee, shall procure such pins or emblems and award them to Members, officers, and employees of the Senate who are entitled thereto. Sec. 3. The expenses incurred in procuring such pins or emblems shall be paid from the contingent fund of the Senate on vouchers signed by the chairman of the committee. [S. Jour. 45, 89-1, Sept. 10, 1965.] 85 DESIGNATION OF THE ``DANIEL WEBSTER DESK'' Resolved, That during the Ninety-fourth Congress and each Congress thereafter, the desk located within the Senate Chamber and commonly referred to as the ``Daniel Webster Desk'' shall, at the request of the senior Senator from the State of New Hampshire, be assigned to such Senator for use in carrying out his or her Senatorial duties during that Senator's term of office. [S. Res. 469, 93-2, Dec. 19, 1974.] 86 COMMISSION ON ART AND ANTIQUITIES OF THE UNITED STATES SENATE \1\ 87 STANDARDS OF CONDUCT FOR MEMBERS OF THE SENATE AND OFFICERS AND EMPLOYEES OF THE SENATE Resolved, It is declared to be the policy of the Senate that-- --------------------------------------------------------------------------- \1\ Became Senate Commission on Art, and enacted into permanent law by Pub.L. 100-696, Nov. 18, 1988. See 2 U.S.C. Sec. Sec. 2101-2107; Senate Manual sections 814-820. --------------------------------------------------------------------------- (a) The ideal concept of public office, expressed by the words, ``A public office is a public trust'', signifies that the [[Page 119]] officer has been entrusted with public power by the people; that the officer holds this power in trust to be used only for their benefit and never for the benefit of himself or of a few; and that the officer must never conduct his own affairs so as to infringe on the public interest. All official conduct of Members of the Senate should be guided by this paramount concept of public office. (b) These rules, as the written expression of certain standards of conduct, complement the body of unwritten but generally accepted standards that continue to apply to the Senate. * * * * * * [S. Jour. 247, 90-2, Mar. 22, 1968.] 88 OFFICE OF DEPUTY PRESIDENT PRO TEMPORE Resolved, That, effective January 5, 1977, there is hereby established in the United States Senate the Office of Deputy President Pro Tempore. Sec. 2. Any Member of the Senate who has held the Office of President of the United States or Vice President of the United States shall be a Deputy President pro tempore. Sec. 3. [Superseded.] Sec. 4. The Sergeant at Arms and Doorkeeper is authorized (a) to provide, by lease or purchase, and maintain an automobile for each Deputy President pro tempore, and (b) to employ and fix the compensation of a driver-messenger for each Deputy President pro tempore at not to exceed $18,584\1\ per annum. --------------------------------------------------------------------------- \1\ Superseded by 2 U.S.C. 61f-7, Pub. L. 97-51, Oct. 1, 1981, Sec. 116, 95 Stat. 963. See Senate Manual section 342. --------------------------------------------------------------------------- Sec. 5. [Superseded.] Sec. 6. [Superseded.] Sec. 7. Until otherwise provided by law, the Secretary of the Senate is authorized to pay from the contingent fund of the Senate such amounts as may be necessary, for salaries and expenses, to carry out the provisions of this resolution. Expenses incurred under section 4(a) of this resolution shall be paid upon vouchers approved by the Sergeant at Arms and Doorkeeper. Vouchers shall not be required for the disbursement of salaries of employees paid under authority of this resolution. [S. Res. 17, 95-1, Jan. 10, 1977.] Resolved, That (a) In addition to Senators who hold the office of Deputy President pro tempore under authority of [[Page 120]] S. Res. 17 of the 95th Congress (agreed to January 10, 1977), any other Member of the Senate who is designated as such by the Senate in a Senate resolution shall be the Deputy President pro tempore of the Senate, and shall hold office at the pleasure of the Senate during the 100th Congress. (b) The Deputy President pro tempore who is designated as such pursuant to the authority contained in this resolution is authorized to appoint and fix the compensation of such employees as he deems appropriate: Provided, That the gross compensation paid to such employees shall not exceed $90,000 for any fiscal year. (c) The following provisions shall not be applicable to the Deputy President pro tempore who is designated as such pursuant to the authority contained in this resolution: (1) the provisions of S. Res. 17 of the 95th Congress (agreed to January 10, 1977); (2) the provisions relating to compensation of a Deputy President pro tempore which appear in chapter VIII of Title I of the Supplemental Appropriations Act, 1977, and which are carried in section 32a of Title 2, United States Code; and (3) the provisions relating to staff of a Deputy President pro tempore which appear in chapter VIII of Title I of the Supplemental Appropriations Act, 1977, and which are carried in section 611 of Title 2, United States Code. (d) Salaries under authority of this section shall be paid from any funds available in the Senate appropriation account for Salaries, Officers and Employees. Sec. 2. (a) The Sergeant at Arms and Doorkeeper is authorized to provide, by lease or purchase, and maintain an automobile for the former President pro tempore. (b) The Secretary of the Senate is authorized to pay from the contingent fund of the Senate such amounts as may be necessary for expenses to carry out the provisions of this section. Such expenses shall be paid upon vouchers approved by the Sergeant at Arms and Doorkeeper. [S. Res. 90, 100-1, Jan. 28, 1987.] 89 designating the old senate office building and the new senate office building as the ``richard brevard russell senate office building'' and the ``everett mckinley dirksen senate office building'', respectively Resolved, That insofar as concerns the Senate-- [[Page 121]] (1) the Senate Office building referred to as the Old Senate Office Building and constructed under authority of the Act of April 28, 1904 (33 Stat. 452, 481), is designated, and shall be known as, the ``Richard Brevard Russell Senate Office Building''; and (2) the additional office building for the Senate referred to as the New Senate Office Building and constructed under the provisions of the Second Deficiency Appropriation Act of 1948 (62 Stat. 1928), is designated, and shall be known as, the ``Everett McKinley Dirksen Senate Office Building''. Sec. 2. Any rule, regulation, document, or record of the Senate, in which reference is made to either building referred to in the first section of this resolution, shall be held and considered to be a reference to such building by the name designated for such building by the first section of this resolution. Sec. 3. The Committee on Rules and Administration shall place appropriate markers or inscriptions at suitable locations within the buildings referred to in the first section of this resolution to commemorate and designate such buildings as provided in this resolution. Expenses incurred under this resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee. [S. Jour. 1197, 92-2, Oct. 11, 1972; S. Res. 295, 96-1, Dec. 3, 1979.] 90 designating the extension to the dirksen senate office building as the ``philip a. hart senate office building'' Resolved, That insofar as concerns the Senate, the extension of the Senate Office Building presently under construction pursuant to the Supplemental Appropriations Act, 1973 (86 Stat. 1510), is designated and shall be known as the ``Philip A. Hart Senate Office Building'', when completed. Sec. 2. Any rule, regulation, document, or record of the Senate, in which reference is made to the building referred to in the first section of this resolution, shall be held and considered to be a reference to such building by the name designated for such building by the first section of this resolution. Sec. 3. The Committee on Rules and Administration shall place appropriate markers or inscriptions at suitable locations within the building referred to in the first section [[Page 122]] of this resolution to commemorate and designate such building as provided in this resolution. Expenses incurred under this resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee. [S. Res. 525, 94-2, Aug. 30, 1976; S. Res. 295, 96-1, Dec. 3, 1979.] 91 PRINTING OF MEMORIAL TRIBUTES TO DECEASED FORMER MEMBERS OF THE SENATE Resolved, That when the Senate orders the printing as a Senate document of the legislative proceedings in the United States Congress relating to the death of a former United States Senator, such document shall be prepared, printed, bound, and distributed, except to the extent otherwise provided by the Joint Committee on Printing under chapter 1 of Title 44, United States Code, in the same manner and under the same conditions as memorial addresses on behalf of Members of Congress dying in office are printed under sections 723 and 724 of such Title. [S. Jour. 293, 93-1, Apr. 6, 1973.] 92 SENATE PARLIAMENTARIAN EMERITUS Whereas the Senate has been advised of the retirement of its Parliamentarian, Floyd M. Riddick, at the end of this session: Therefore be it Resolved, That, effective at the sine die adjournment of this session, as a token of the appreciation of the Senate for his long and faithful service, Floyd M. Riddick is hereby designated as Parliamentarian Emeritus of the United States Senate. [S. Jour. 1519, 93-2, Dec. 5, 1974.] Resolved, That Murray Zweben be, and he is hereby, designated as a Parliamentarian Emeritus of the United States Senate. [S. Res. 297, 98-1, Nov. 18, 1983.] Resolved, That Robert B. Dove be, and he is hereby, designated as a Parliamentarian Emeritus of the United States Senate. [S. Res. 32, 100-1, Jan. 6, 1987.] Resolved, That Alan Scott Frumin be, and he is hereby designated as a Parliamentarian Emeritus of the United States Senate. [S. Res. 23, 105-1, Jan. 23, 1997.] 93 CONSULTANTS FOR THE COMMITTEE ON APPROPRIATIONS Resolved, That within the limit of funds appropriated for expenses of inquiries and investigations for the Committee [[Page 123]] on Appropriations, the committee may expend such sums as it deems appropriate and necessary for the procurement of the services of individual consultants or organizations. Such services in the case of individuals or organizations may be procured by contract as independent contractors, or in the case of individuals by employment at daily rates of compensation not in excess of the per diem equivalent of the highest gross rate of compensation which may be paid to a regular employee of the committee. Such contracts may be made in the same manner and subject to the same conditions with respect to advertising as required of other standing committees of the Senate under section 202(i)(2) of the Legislative Reorganization Act of 1946, as amended. [S. Res. 140, 94-1, May 14, 1975.] 94 SELECT COMMITTEE ON INTELLIGENCE Resolved, That it is the purpose of this resolution to establish a new select committee of the Senate, to be known as the Select Committee on Intelligence, to oversee and make continuing studies of the intelligence activities and programs of the United States Government, and to submit to the Senate appropriate proposals for legislation and report to the Senate concerning such intelligence activities and programs. In carrying out this purpose, the Select Committee on Intelligence shall make every effort to assure that the appropriate departments and agencies of the United States provide informed and timely intelligence necessary for the executive and legislative branches to make sound decisions affecting the security and vital interests of the Nation. It is further the purpose of this resolution to provide vigilant legislative oversight over the intelligence activities of the United States to assure that such activities are in conformity with the Constitution and laws of the United States. Sec. 2. (a) (1) There is hereby established a select committee to be known as the Select Committee on Intelligence (hereinafter in this resolution referred to as the ``select committee''). The select committee shall be composed of fifteen\1\ members appointed as follows: --------------------------------------------------------------------------- \1\ See paragraph 3(b) of rule XXV of the Standing Rules, Senate Manual section 25.3b. --------------------------------------------------------------------------- (A) two members from the Committee on Appropriations; [[Page 124]] (B) two members from the Committee on Armed Services; (C) two members from the Committee on Foreign Relations; (D) two members from the Committee on the Judiciary; and (E) seven members to be appointed from the Senate at large. (2) Members appointed from each committee named in clauses (A) through (D) of paragraph (1) shall be evenly divided between the two major political parties and shall be appointed by the President pro tempore of the Senate upon the recommendations of the majority and minority leaders of the Senate. Four of the members appointed under clause (E) of paragraph (1) shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate and three shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate. (3) The majority leader of the Senate and the minority leader of the Senate shall be ex officio members of the select committee but shall have no vote in the committee and shall not be counted for purposes of determining a quorum. (b) No Senator may serve on the select committee for more than eight years of continuous service, exclusive of service by any Senator on such committee during the Ninety- fourth Congress. To the greatest extent practicable, one- third of the Members of the Senate appointed to the select committee at the beginning of the Ninety-seventh Congress and each Congress thereafter shall be Members of the Senate who did not serve on such committee during the preceding Congress. (c) At the beginning of each Congress, the Members of the Senate who are members of the majority party of the Senate shall elect a chairman for the select committee, and the Members of the Senate who are from the minority party of the Senate shall elect a vice chairman for such committee. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman. Neither the chairman nor the vice chairman of the select committee shall at the same time serve as chairman or ranking minority member of any other committee referred to in [[Page 125]] paragraph 4(e)(1)\2\ of rule XXV of the Standing Rules of the Senate. --------------------------------------------------------------------------- \2\Changed from ``paragraph 6(e)(1)'' as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979. --------------------------------------------------------------------------- Sec. 3. (a) There shall be referred to the select committee all proposed legislation, messages, petitions, memorials, and other matters relating to the following: (1) The Central Intelligence Agency and the Director of Central Intelligence. (2) Intelligence activities of all other departments and agencies of the Government, including, but not limited to, the intelligence activities of the Defense Intelligence Agency, the National Security Agency, and other agencies of the Department of Defense; the Department of State; the Department of Justice; and the Department of the Treasury. (3) The organization or reorganization of any department or agency of the Government to the extent that the organization or reorganization relates to a function or activity involving intelligence activities. (4) Authorizations for appropriations, both direct and indirect, for the following: (A) The Central Intelligence Agency and Director of Central Intelligence. (B) The Defense Intelligence Agency. (C) The National Security Agency. (D) The intelligence activities of other agencies and subdivisions of the Department of Defense. (E) The intelligence activities of the Department of State. (F) The intelligence activities of the Federal Bureau of Investigation, including all activities of the Intelligence Division. (G) Any department, agency, or subdivision which is the successor to any agency named in clause (A), (B), or (C); and the activities of any department, agency, or subdivision which is the successor to any department, agency, bureau, or subdivision named in clause (D), (E), or (F) to the extent that the activities of such successor department, agency, or subdivision are activities described in clause (D), (E), or (F). (b) Any proposed legislation reported by the select committee, except any legislation involving matters specified [[Page 126]] in clause (1) or (4)(A) of subsection (a), containing any matter otherwise within the jurisdiction of any standing committee shall, at the request of the chairman of such standing committee, be referred to such standing committee for its consideration of such matter and be reported to the Senate by such standing committee within thirty days after the day on which such proposed legislation is referred to such standing committee; and any proposed legislation reported by any committee, other than the select committee, which contains any matter within the jurisdiction of the select committee shall, at the request of the chairman of the select committee, be referred to the select committee for its consideration of such matter and be reported to the Senate by the select committee within thirty days after the day on which such proposed legislation is referred to such committee. In any case in which a committee fails to report any proposed legislation referred to it within the time limit prescribed herein, such committee shall be automatically discharged from further consideration of such proposed legislation on the thirtieth day following the day on which such proposed legislation is referred to such committee unless the Senate provides otherwise. In computing any thirty-day period under this paragraph there shall be excluded from such computation any days on which the Senate is not in session. (c) Nothing in this resolution shall be construed as prohibiting or otherwise restricting the authority of any other committee to study and review any intelligence activity to the extent that such activity directly affects a matter otherwise within the jurisdiction of such committee. (d) Nothing in this resolution shall be construed as amending, limiting, or otherwise changing the authority of any standing committee of the Senate to obtain full and prompt access to the product of the intelligence activities of any department or agency of the Government relevant to a matter otherwise within the jurisidiction of such committee. Sec. 4. (a) The select committee, for the purposes of accountability to the Senate, shall make regular and periodic reports to the Senate on the nature and extent of the intelligence activities of the various departments and agencies of the United States. Such committee shall promptly call to the attention of the Senate or to any other appropriate committee or committees of the Senate any matters requir [[Page 127]] ing the attention of the Senate or such other committee or committees. In making such report, the select committee shall proceed in a manner consistent with section 8(c)(2) to protect national security. (b) The select committee shall obtain an annual report from the Director of the Central Intelligence Agency, the Secretary of Defense, the Secretary of State, and the Director of the Federal Bureau of Investigation. Such reports shall review the intelligence activities of the agency or department concerned and the intelligence activities of foreign countries directed at the United States or its interest. An unclassified version of each report may be made available to the public at the discretion of the select committee. Nothing herein shall be construed as requiring the public disclosure in such reports of the names of individuals engaged in intelligence activities for the United States or the divulging of intelligence methods employed or the sources of information on which such reports are based or the amount of funds authorized to be appropriated for intelligence activities. (c) On or before March 15 of each year, the select committee shall submit to the Committee on the Budget of the Senate the views and estimates described in section 301(c) of the Congressional Budget Act of 1974 regarding matters within the jurisdiction of the select committee. Sec. 5. (a) For the purposes of this resolution, the select committee is authorized in its discretion (1) to make investigations into any matter within its jurisdiction, (2) to make expenditures from the contingent fund of the Senate, (3) to employ personnel, (4) to hold hearings, (5) to sit and act at any time or place during the sessions, recesses, and adjourned periods of the Senate, (6) to require, by subpena or otherwise, the attendance of witnesses and the production of correspondence, books, papers, and documents, (7) to take depositions and other testimony, (8) to procure the service of individual consultants or organizations thereof, in accordance with the provisions of section 202(i) of the Legislative Reorganization Act of 1946, and (9) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a reimbursable 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. [[Page 128]] (c) Subpenas authorized by the select committee may be issued over the signature of the chairman, the vice chairman or any member of the select committee designated by the chairman, and may be served by any person designated by the chairman or any member signing the subpenas. Sec. 6. No employee of the select committee or any person engaged by contract or otherwise 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 (including the jurisdiction of the Select Committee on Standards and Conduct\3\ and of such committee as to the security of such information during and after the period of his employment or contractual agreement 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. --------------------------------------------------------------------------- \3\Name changed to the Select Committee on Ethics by S. Res. 4, 95-1, Feb. 4, 1977. --------------------------------------------------------------------------- Sec. 7. 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. Nothing herein shall be construed to prevent such 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 person or persons. Sec. 8. (a) The select committee may, subject to the provisions of this section, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever committee action is required [[Page 129]] to disclose any information under this section, the committee shall meet to vote on the matter within five days after any member of the committee requests such a vote. No member of the select committee shall disclose any information, the disclosure of which requires a committee vote, prior to a vote by the committee on the question of the disclosure of such information or after such vote except in accordance with this section. (b)(1) In any case in which the select committee votes to disclose publicly any information which has been classified under established security procedures, which has been submitted to it by the executive branch, and which the executive branch requests be kept secret, such committee shall notify the President of such vote. (2) The select committee may disclose publicly such information after the expiration of a five-day period following the day on which notice of such vote is transmitted to the President, unless, prior to the expiration of such five-day period, the President, personally in writing, notifies the committee that he objects to the disclosure of such information, provides his reasons therefor, and certifies that the threat to the national interest of the United States posed by such disclosure is of such gravity that it outweighs any public interest in the disclosure. (3) If the President, personally in writing, notifies the select committee of his objections to the disclosure of such information as provided in paragraph (2), such committee may, by majority vote, refer the question of the disclosure of such information to the Senate for consideration. The committee shall not publicly disclose such information without leave of the Senate. (4) Whenever the select committee votes to refer the question of disclosure of any information to the Senate under paragraph (3), the chairman shall not later than the first day on which the Senate is in session following the day on which the vote occurs, report the matter to the Senate for its consideration. (5) One hour after the Senate convenes on the fourth day on which the Senate is in session following the day on which any such matter is reported to the Senate, or at such earlier time as the majority leader and the minority leader of the Senate jointly agree upon in accordance with paragraph 5 of rule XVII of the Standing Rules of the Sen [[Page 130]] ate,\4\ the Senate shall go into closed session and the matter shall be the pending business. In considering the matter in closed session the Senate may-- --------------------------------------------------------------------------- \4\Changed from ``section 133(f) of the Legislative Reorganization Act of 1946'' as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979; further changed from ``paragraph 5 of rule XXVII'' as a result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980. --------------------------------------------------------------------------- (A) approve the public disclosure of all or any portion of the information in question, in which case the committee shall publicly disclose the information ordered to be disclosed, (B) disapprove the public disclosure of all or any portion of the information in question, in which case the committee shall not publicly disclose the information ordered not to be disclosed, or (C) refer all or any portion of the matter back to the committee, in which case the committee shall make the final determination with respect to the public disclosure of the information in question. Upon conclusion of the consideration of such matter in closed session, which may not extend beyond the close of the ninth day on which the Senate is in session following the day on which such matter was reported to the Senate, or the close of the fifth day following the day agreed upon jointly by the majority and minority leaders in accordance with paragraph 5 of rule XVII of the Standing Rules of the Senate\5\ (whichever the case may be), the Senate shall immediately vote on the disposition of such matter in open session, without debate, and without divulging the information with respect to which the vote is being taken. The Senate shall vote to dispose of such matter by one or more of the means specified in clauses (A), (B), and (C) of the second sentence of this paragraph. Any vote of the Senate to disclose any information pursuant to this paragraph shall be subject to the right of a Member of the Senate to move for reconsideration of the vote within the time and pursuant to the procedures specified in rule XIII of the Standing Rules of the Senate, and the disclosure of such information shall be made consistent with that right. --------------------------------------------------------------------------- \5\Ibid. --------------------------------------------------------------------------- (c)(1) No information in the possession of the select committee relating to the lawful intelligence activities of any department or agency of the United States which has been classified under established security procedures and which [[Page 131]] the select committee, pursuant to subsection (a) or (b) of this section, has determined should not be disclosed shall be made available to any person by a Member, officer, or employee of the Senate except in a closed session of the Senate or as provided in paragraph (2). (2) The select committee may, under such regulations as the committee shall prescribe to protect the confidentiality of such information, make any information described in paragraph (1) available to any other committee or any other Member of the Senate. Whenever the select committee makes such information available, the committee shall keep a written record showing, in the case of any particular information, which committee or which Members of the Senate received such information. No Member of the Senate who, and no committee which, receives any information under this subsection, shall disclose such information except in a closed session of the Senate. (d) It shall be the duty of the Select Committee on Standards and Conduct\6\ to investigate any unauthorized disclosure of intelligence information by a Member, officer or employee of the Senate in violation of subsection (c) and to report to the Senate concerning any allegation which it finds to be substantiated. --------------------------------------------------------------------------- \6\Name changed to the Select Committee on Ethics by S. Res. 4, 95-1, Feb. 4, 1977. --------------------------------------------------------------------------- (e) Upon the request of any person who is subject to any such investigation, the Select Committee on Standards and Conduct\1\ shall release to such individual at the conclusion of its investigation a summary of its investigation together with its findings. If, at the conclusion of its investigation, the Select Committee on Standards and Conduct\1\ determines that there has been a significant breach of confidentiality or unauthorized disclosure by a Member, officer, or employee of the Senate, it shall report its findings to the Senate and recommend appropriate action such as censure, removal from committee membership, or expulsion from the Senate, in the case of a Member, or removal from office or employment or punishment for contempt, in the case of an officer or employee. Sec. 9. 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. [[Page 132]] Sec. 10. Upon expiration of the Select Committee on Governmental Operations With Respect to Intelligence Activities, established by Senate Resolution 21, Ninety- fourth Congress, all records, files, documents, and other materials in the possession, custody, or control of such committee, under appropriate conditions established by it, shall be transferred to the select committee. Sec. 11. (a) It is the sense of the Senate that the head of each department and agency of the United States should keep the select committee fully and currently informed with respect to intelligence activities, including any significant anticipated activities, which are the responsibility of or engaged in by such department or agency: Provided, That this does not constitute a condition precedent to the implementation of any such anticipated intelligence activity. (b) It is the sense of the Senate that the head of any department or agency of the United States involved in any intelligence activities should furnish any information or document in the possession, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the select committee with respect to any matter within such committee's jurisdiction. (c) It is the sense of the Senate that each department and agency of the United States should report immediately upon discovery to the select committee any and all intelligence activities which constitute violations of the constitutional rights of any person, violations of law, or violations of Executive orders, presidential directives, or departmental or agency rules or regulations; each department and agency should further report to such committee what actions have been taken or are expected to be taken by the departments or agencies with respect to such violations. Sec. 12. Subject to the Standing Rules of the Senate, no funds shall be appropriated for any fiscal year beginning after September 30, 1976, with the exception of a continuing bill or resolution, or amendment thereto, or conference report thereon, to, or for use of, any department or agency of the United States to carry out any of the following activities, unless such funds shall have been previously authorized by a bill or joint resolution passed by [[Page 133]] the Senate during the same or preceding fiscal year to carry out such activity for such fiscal year: (1) The activities of the Central Intelligence Agency and the Director of Central Intelligence. (2) The activities of the Defense Intelligence Agency. (3) The activities of the National Security Agency. (4) The intelligence activities of other agencies and subdivisions of the Department of Defense. (5) The intelligence activities of the Department of State. (6) The intelligence activities of the Federal Bureau of Investigation, including all activities of the Intelligence Division. Sec. 13. (a) The select committee shall make a study with respect to the following matters, taking into consideration with respect to each such matter, all relevant aspects of the effectiveness of planning, gathering, use, security, and dissemination of intelligence: (1) the quality of the analytical capabilities of United States foreign intelligence agencies and means for integrating more closely analytical intelligence and policy formulation; (2) the extent and nature of the authority of the departments and agencies of the executive branch to engage in intelligence activities and the desirability of developing charters for each intelligence agency or department; (3) the organization of intelligence activities in the executive branch to maximize the effectiveness of the conduct, oversight, and accountability of intelligence activities; to reduce duplication or overlap; and to improve the morale of the personnel of the foreign intelligence agencies; (4) the conduct of covert and clandestine activities and the procedures by which Congress is informed of such activities; (5) the desirability of changing any law, Senate rule or procedure, or any Executive order, rule, or regulation to improve the protection of intelligence secrets and provide from disclosure of information for which there is no compelling reason for secrecy; (6) the desirability of establishing a standing committee of the Senate on intelligence activities; [[Page 134]] (7) the desirability of establishing a joint committee of the Senate and the House of Representatives on intelligence activities in lieu of having separate committees in each House of Congress, or of establishing procedures under which separate committees on intelligence activities of the two Houses of Congress would receive joint briefings from the intelligence agencies and coordinate their policies with respect to the safeguarding of sensitive intelligence information; (8) the authorization of funds for the intelligence activities of the Government and whether disclosure of any of the amounts of such funds is in the public interest; and (9) the development of a uniform set of definitions for terms to be used in policies or guidelines which may be adopted by the executive or legislative branches to govern, clarify, and strengthen the operation of intelligence activities. (b) The select committee may, in its discretion, omit from the special study required by this section any matter it determines has been adequately studied by the Select Committee To Study Governmental Operations With Respect to Intelligence Activities, established by Senate Resolution 21, Ninety-fourth Congress. (c) The select committee shall report the results of the study provided for by this section to the Senate, together with any recommendations for legislative or other actions it deems appropriate, no later than July 1, 1977, and from time to time thereafter as it deems appropriate. Sec. 14. (a) As used in this resolution, the term ``intelligence activities'' includes (1) the collection, analysis, production, dissemination, or use of information which relates to any foreign country, or any government, political group, party, military force, movement, or other association in such foreign country, and which relates to the defense, foreign policy, national security, or related policies of the United States, and other activity which is in support of such activities; (2) activities taken to counter similar activities directed against the United States; (3) covert or clandestine activities affecting the relations of the United States with any foreign government, political group, party, military force, movement or other association; (4) the collection, analysis, production, dissemination, or use of information about activities of persons within the United States, [[Page 135]] its territories and possessions, or nationals of the United States abroad whose political and related activities pose, or may be considered by any department, agency, bureau, office, division, instrumentality, or employee of the United States to pose, a threat to the internal security of the United States, and covert or clandestine activities directed against such persons. Such term does not include tactical foreign military intelligence serving no national policymaking function. (b) As used in this resolution, the term ``department or agency'' includes any organization, committee, council, establishment, or office within the Federal Government. (c) For purposes of this resolution, reference to any department, agency, bureau, or subdivision shall include a reference to any successor department, agency, bureau, or subdivision to the extent that such successor engages in intelligence activities now conducted by the department, agency, bureau, or subdivision referred to in this resolution. Sec. 15. (This section authorized funds for the select committee for the period May 19, 1976, through Feb. 28, 1977.) Sec. 16. Nothing in this resolution shall be construed as constituting acquiescence by the Senate in any practice, or in the conduct of any activity, not otherwise authorized by law. [S. Res. 400, 94-2, May 19, 1976; S. Res. 4, 95-1, Feb. 4, 1977.] 95 EQUAL EMPLOYMENT OPPORTUNITIES\1\ Whereas the Senate supports the principle that each individual is entitled to the equal protection of the laws guaranteed by the Fourteenth Article of Amendment to the Constitution of the United States; and --------------------------------------------------------------------------- \1\ See also rule XLII of the Standing Rules of the Senate. --------------------------------------------------------------------------- Whereas the Senate as an employer is not compelled by law to provide to its employees the protections against discrimination established in the Equal Pay Act of 1963 or Title VII of the Civil Rights Act of 1964: Now, therefore, be it Resolved, That (a) no Member, officer, or employee of the Senate shall, with respect to employment by the Senate or any office thereof-- (1) fail or refuse to hire an individual, (2) discharge an individual, or [[Page 136]] (3) otherwise discriminate against an individual with respect to promotion, compensation, or terms, conditions, or privileges of employment, on the basis of such individual's race, color, religion, sex, national origin or state of handicap. (b) Each Member, officer, and employee of the Senate shall encourage the hiring of women and members of minority groups at all levels of employment on the staffs of Members, officers, and committees of the Senate. [S. Res. 534, 94-2, Sept. 8, 1976.] 96 REORGANIZATION OF SENATE COMMITTEE SYSTEM\1\ Resolved, That this resolution may be cited as the ``Committee System Reorganization Amendments of 1977''. TITLE 1.--SENATE COMMITTEES; JURISDICTIONS AND SIZES * * * * * * * 96.1 SPECIAL COMMITTEE ON AGING Sec. 104. (a)(1) There is established a Special Committee on Aging (hereafter in this section referred to as the ``special committee'') which shall consist of nineteen\2\ members. The members and chairman of the special committee shall be appointed in the same manner and at the same time as the members and chairman of a standing committee of the Senate. After the date on which the majority and minority members of the special committee are initially appointed on or after the effective date of Title I of the Committee System Reorganization Amendments of 1977, each time a vacancy occurs in the membership of the special committee, the number of members of the special committee shall be reduced by one until the number of members of the special committee consists of nine Senators. --------------------------------------------------------------------------- \1\Omitted portions amended the Standing Rules of the Senate and various Senate resolutions, were temporary in nature, or have been executed. \2\See paragraph 3(b) of rule XXV of the Standing Rules, Senate Manual section 25.3b for current membership. --------------------------------------------------------------------------- (2)\3\ For purposes of paragraph 1 of rule XXV; paragraphs 1, 7(a)(1)-(2), 9, and 10(a) of rule XXVI; and paragraphs 1(a)-(d), and 2 (a) and (d) of rule XXVII of the Standing Rules of the Senate; and for purposes of section 202 (i) and (j) of the Legislative Reorganization Act of 1946, [[Page 137]] the special committee shall be treated as a standing committee of the Senate.\4\ --------------------------------------------------------------------------- \3\The references in this paragraph were changed as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979; and further changed as a result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980. \4\As amended, S. Res. 78, 95-1, Feb. 11, 1977; S. Res. 376, 95-2, Mar. 6, 1978. --------------------------------------------------------------------------- (b)(1) It shall be the duty of the special committee to conduct a continuing study of any and all matters pertaining to problems and opportunities of older people, including, but not limited to, problems and opportunities of maintaining health, of assuring adequate income, of finding employment, of engaging in productive and rewarding activity, of securing proper housing, and, when necessary, of obtaining care or assistance. No proposed legislation shall be referred to such committee, and such committee shall not have power to report by bill, or otherwise have legislative jurisdiction. (2) The special committee shall, from time to time (but not less often than once each year), report to the Senate the results of the study conducted pursuant to paragraph (1), together with such recommendation as it considers appropriate. (c)(1) For the purposes of this section, the special committee is authorized, in its discretion, (A) to make investigations into any matter within its jurisdiction, (B) to make expenditures from the contingent fund of the Senate, (C) to employ personnel, (D) to hold hearings, (E) to sit and act at any time or place during the sessions, recesses, and adjourned periods of the Senate, (F) to require, by subpena or otherwise, the attendance of witnesses and the production of correspondence, books, papers, and documents, (G) to take depositions and other testimony, (H) to procure the services of individual consultations or organizations thereof, in accordance with the provisions of section 202(i) of the Legislative Reorganization Act of 1946, 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 basis the services of personnel of any such department or agency. (2) The chairman of the special committee or any member thereof may administer oaths to witnesses. (3) Subpenas 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, and may be served by any person designated by the chairman or the member signing the subpena. [[Page 138]] (d) All records and papers of the temporary Special Committee on Aging established by Senate Resolution 33, Eighty-seventh Congress, are transferred to the special committee. (e) (Executed.) 96.2 COMMITTEE ON INDIAN AFFAIRS \5\ Sec. 105. (a)(1) There is established a temporary Select Committee on Indian Affairs (hereafter in this section referred to as the ``select committee'') which shall consist of seven \6\ members, four to be appointed by the President of the Senate, upon the recommendation of the majority leader, from among members of the majority party and three to be appointed by the President of the Senate, upon the recommendation of the minority leader, from among the members of the minority party. The select committee shall select a chairman from among its members. --------------------------------------------------------------------------- \5\ Name changed from ``Select Committee on Indian Affairs'' by provision of S. Res. 71, 103-1, Feb. 24, 1993. \6\ See paragraph 3(c) of rule XXV of the Standing Rules, Senate Manual section 25.3c, for current membership. --------------------------------------------------------------------------- (2) A majority of the members of the 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 section and the rules of the Senate governing standing committees of the Senate. (3) 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. (4) For purposes of paragraph 4 \7\ of rule XXV of the Standing Rules of the Senate, service of a Senator as a member or chairman of the select committee shall not be taken into account. --------------------------------------------------------------------------- \7\ Changed from ``paragraph 6'' as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979. --------------------------------------------------------------------------- (b)(1) All proposed legislation, messages, petitions, memorials, and other matters relating to Indian affairs shall be referred to the select committee. (2) It shall be the duty of the select committee to conduct a study of any and all matters pertaining to problems and opportunities of Indians, including but not limited to, Indian land management and trust responsibilities, Indian [[Page 139]] education, health, special services, and loan programs, and Indian claims against the United States. (3) The select committee shall from time to time report to the Senate, by bill or otherwise, its recommendations with respect to matters referred to the select committee or otherwise within its jurisdiction. (c)(1) For the purposes of this section, the select committee is authorized, in its discretion, (A) to make investigations into any matter within its jurisdiction, (B) to make expenditures from the contingent fund of the Senate, (C) to employ personnel, (D) to hold hearings, (E) to sit and act at any time or place during the sessions, recesses, and adjourned periods of the Senate, (F) to require, by subpena or otherwise, the attendance of witnesses and the production of correspondence, books, papers, and documents, (G) to take depositions and other testimony, (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, 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 basis the services of personnel of any such department or agency. (2) The chairman of the select committee or any member thereof may administer oaths to witnesses. (3) Subpenas authorized by the select committee may be issued over the signature of the chairman, or any member of the select committee designated by the chairman, and may be served by any person designated by the chairman or the member signing the subpena. (d) The select committee shall cease to exist on January 2, 1984,\8\ and effective on January 3, 1984, jurisdiction over the matters specified in subsection (b)(1) and the duty specified in subsection (b)(2) are transferred to the Committee on Health, Education, Labor, and Pensions.\9\ --------------------------------------------------------------------------- \8\ The Senate, by unanimous consent, Nov. 18, 1983, provided for the continuation of the select committee with all of its jurisdictional responsibilities until July 1, 1984. S. Res. 127, agreed to June 6, 1984, established the Select Committee on Indian Affairs as a permanent committee of the Senate. \9\ Name changed from Committee on Human Resources to Committee on Labor and Human Resources by S. Res. 30, 96-1, Mar. 7, 1979. Name changed to Committee on Health, Education, Labor, and Pensions by S. Res. 28, 106-1, Jan. 21, 1999. --------------------------------------------------------------------------- * * * * * * * [Sec. 105 of S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 405, 95- 2, Oct. 15, 1978; S. Res. 448, 96-2, Dec. 11, 1980; Cong. Rec., Nov. 18, 1983; S. Res. 127, 98-2, June 6, 1984.] [[Page 140]] 96.3 TITLE II.--COMMITTEE ASSIGNMENTS; CHAIRMANSHIPS Sec. 201. * * * (f) It is the sense of the Senate that, in adopting rules, each committee of the Senate should include a provision to insure that assignment of Senators to subcommittees will occur in an equitable fashion; namely, that no member of a committee will receive assignment to a second subcommittee until, in order of seniority, all members of the committee have chosen assignments to one subcommittee, and no member shall receive assignment to a third subcommittee until, in order of seniority, all members have chosen assignments to two subcommittees. * * * * * * * 96.4 TITLE IV.--SCHEDULING OF COMMITTEE MEETINGS Sec. 401. (a) In consultation with the Majority Leader and the Minority Leader, the Committee on Rules and Administration shall establish and maintain a computerized schedule of all meetings of committees of the Senate and subcommittees thereof, and of all meetings of joint committees of the Congress and subcommittees thereof. Such schedule shall be maintained online to terminals in the offices of all Senators, committees of the Senate, and permanent joint committees of the Congress, and shall be updated immediately upon receipt of notices of meetings or cancellations thereof under this section. (b) Each committee of the Senate, and each subcommittee thereof, shall notify the office designated by the Committee on Rules and Administration of each meeting of such committee or subcommittee, including the time period or periods (as prescribed in paragraph 6 of rule XXVI \1\ of the Standing Rules of the Senate), the place, and the purpose of such meeting. The Senate members of any joint committee of the Congress or of a subcommittee thereof shall cause notice to be given to the office designated by the Committee on Rules and Administration of each meeting of such joint committee or subcommittee, including the time, place, and purposes of such meeting. Notice under this subsection shall be given immediately upon scheduling a meeting. --------------------------------------------------------------------------- \1\ Changed from ``paragraph 9 of rule XXV'' as a result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979. --------------------------------------------------------------------------- (c) Each committee of the Senate, and each subcommittee thereof, shall notify the office designated by the Committee [[Page 141]] on Rules and Administration immediately upon the cancellation of a meeting of such committee or subcommittee. The Senate members of any joint committee of the Congress or any subcommittee thereof shall cause notice to be given to the office designated by the Committee on Rules and Administration immediately upon the cancellation of a meeting of such joint committee or subcommittee. (d) For purposes of this section, the term ``joint committee of the Congress'' includes a committee of conference. * * * * * * * 96.5 TITLE V.--CONTINUING REVIEW OF THE COMMITTEE SYSTEM Sec. 501. (a) The Committee on Rules and Administration, in consultation with the Majority Leader and the Minority Leader, shall review, on a continuing basis, the committee system of the Senate and the Standing Rules and other rules of the Senate related thereto. (b) During the second regular session of each Congress, the Committee on Rules and Administration shall submit to the Senate a report of the results of its review under subsection (a) during that Congress. Such report shall include its recommendations (if any) for changes in the committee system of the Senate and the Standing Rules and other rules of the Senate related thereto. The Committee on Rules and Administration may submit, from time to time, such other reports and recommendations with respect to such committee system and rules as it deems appropriate. (c) The Committee on Rules and Administration, the Majority Leader, and the Minority Leader may request the Secretary for the Majority and the Secretary for the Minority to provide assistance in carrying out their duties and responsibilities under this section. * * * * * * * [S. Res. 4, 95-1, Feb. 4, 1977.] 97 SENIOR CITIZEN INTERNSHIP PROGRAM Resolved, That (a) each Senator is authorized to employ for not more than fourteen consecutive days each year during the month of May a senior citizen intern or interns to serve in his office in Washington, District of Columbia. (b) To be eligible to serve as a senior citizen intern an individual shall certify to the Secretary of the Senate that he has attained the age of sixty years, is a bona fide resi [[Page 142]] dent of the State of his employing Senator, and is a citizen of the United States. (c)(1) Except as provided in paragraph (2), for purposes of payment of compensation and travel expenses, senior citizen interns employed pursuant to this resolution shall be subject to the same limitations and restrictions applicable to Senators and Senate employees. (2) An outside vendor may provide for the travel and per diem expenses only of senior citizen interns in the Senior Citizen Intern Program subject to approval by the Committee on Rules and Administration. Documentation provided by such vendor may be accepted as official travel expense documentation for the purpose of reimbursing interns in the program for travel expenses. Sec. 2. Compensation and payment under this resolution shall be paid from and charged against the clerk-hire and travel allowances of the Senator employing such senior citizen intern. Sec. 3. The Committee on Rules and Administration is authorized to prescribe such rules and regulations as it determines necessary to carry out this resolution. [S. Res. 219, 95-2, May 5, 1978, S. Res. 96, 102-1, Apr. 24, 1991.] 98 transportation costs and travel expenses incurred by members and employees of the senate when engaged in authorized foreign travel Resolved, That until otherwise provided by law or resolution of the Senate, the contingent fund of the Senate is made available, as provided in this resolution, to defray the costs of transportation and the ordinary and necessary travel expenses of Members and employees of the Senate when engaged in authorized foreign travel. The Secretary of the Senate is authorized to advance funds, under authority of this resolution, in the same manner provided for committees of the Senate under the authority of Public Law 118, Eighty- first Congress, approved June 22, 1949. Sec. 2. (a) Transportation costs and ordinary and necessary travel expenses incurred by a Member or employee engaged in authorized foreign travel shall be paid upon certification of such Member or employee, and upon vouchers approved by the Senator who authorized such foreign travel. (b) Transportation costs and ordinary and necessary travel expenses which are incurred for a group of Members or employees engaged in authorized foreign travel shall be [[Page 143]] paid upon certification of the Member who is chairman of such group (or, if no chairman has been designated, upon certification of the ranking Member of such group) or, if the group does not include a Member, upon certification of the senior employee in such group, and upon vouchers approved by the Senator who authorized such foreign travel. (c) The reports of the Secretary of the Senate setting forth amounts paid from the contingent fund under authority of this resolution shall, at the request of the chairman of the Select Committee on Intelligence, omit any matter which would identify the foreign countries in which Members and employees of the Select Committee traveled on behalf of the Select Committee. Sec. 3. Payment of transportation costs and ordinary and necessary travel expenses may not be paid under this resolution to the extent that appropriated funds or foreign currencies under section 502(b) of the Mutual Security Act of 1954 are utilized to defray such costs and expenses. Such funds and currencies shall be used to the maximum extent possible. Sec. 4. For purposes of this resolution-- (1) The term ``foreign travel'' means travel outside the United States and includes travel within the United States which is the beginning or end of travel outside the United States. (2) The term ``authorized foreign travel'' means foreign travel on official business on behalf of the Senate or a committee of the Senate which is authorized-- (A) in the case of foreign travel on behalf of the Senate, by the President pro tempore, Majority Leader, or Minority Leader of the Senate; and (B) in the case of foreign travel on behalf of a committee of the Senate, by the chairman of that committee. (3) The term ``committee of the Senate'' includes all standing, select, and special committees of the Senate and all joint committees of the Congress whose funds are disbursed by the Secretary of the Senate. (4) The term ``employee of the Senate'' includes an individual (other than a Member) whose salary is disbursed by the Secretary of the Senate or who is treated as an employee of the Senate for purposes of the Senate Code of Official Conduct. [[Page 144]] (5) The term ``ordinary and necessary travel expenses'' includes, in the case of a group of Members engaged in authorized foreign travel, such special expenses as the chairman (or, if there is no chairman, the ranking Member) deems appropriate, including, to the extent not otherwise provided, reimbursements to any agency of the Government for (A) expenses incurred on behalf of the group, (B) compensation (including overtime) of employees of such agency officially detailed to the group, and (C) expenses incurred in connection with providing appropriate hospitality. [S. Res. 179, 95-1, May 25, 1977.] 99 DOCUMENTATION REQUIRED FOR REIMBURSEMENTS OUT OF SENATORS' OFFICIAL OFFICE EXPENSE ACCOUNTS Resolved, That (a) no payments or reimbursements for expenses shall be made from the contingent fund of the Senate, unless the vouchers presented for such expenses are accompanied by supporting documentation. (b) The Committee on Rules and Administration is authorized to promulgate regulations to carry out the purpose of this resolution and to except specific vouchers from the requirements of subsection (a) of this resolution. (c) This resolution shall apply with respect to vouchers submitted for payment or reimbursement on and after October 1, 1987, or upon the adoption of this resolution if such adoption occurs at a later date. (d) Senate Resolution 170, 96th Congress (agreed to August 2, 1979), is repealed as of October 1, 1987, or upon adoption of this resolution if such adoption occurs at a later date. Any regulations adopted by the Committee on Rules and Administration to implement Senate Resolution 170 shall remain in effect, after the repeal of Senate Resolution 170, until modified or repealed by such committee, and shall be held and considered to be regulations adopted to implement this resolution. [S. Res. 258, 100-1, Oct. 1, 1987.] 100 INTERPARLIAMENTARY ACTIVITIES AND RECEPTION OF CERTAIN FOREIGN OFFICIALS Resolved, That the Committee on Foreign Relations is authorized from March 1, 1981, until otherwise provided by law, to expend not to exceed $25,000 each fiscal year to assist the Senate properly to discharge and coordinate its activities and responsibilities in connection with partici [[Page 145]] pation in various interparliamentary institutions and to facilitate the interchange and reception in the United States of members of foreign legislative bodies and prominent officials of foreign governments and intergovernmental organizations. Sec. 2. The Secretary of the Senate is authorized and directed to pay from the contingent fund of the Senate the actual and necessary expenses incurred in connection with activities authorized by this resolution and approved in advance by the chairman of the Committee on Foreign Relations upon vouchers certified by the Senator incurring such expenses and approved by the chairman. [S. Res. 247, 87-2, Feb. 7, 1962; S. Res. 91, 94-1, Mar. 18, 1975; S. Res. 281, 96-2, Mar. 11, 1980.] 101 relative to contributions for costs of civil, criminal, or other legal investigations of members, officers, or employees of the senate Resolved, That nothing in the provisions of the Standing Rules of the Senate shall be construed to limit contributions to defray investigative, civil, criminal, or other legal expenses of Members, officers, or employees of the Senate relating to their service in the United States Senate, subject to limitations, regulations, procedures, and reporting requirements which shall be promulgated by the Select Committee on Ethics. Nothing in the provisions of the Standing Rules of the Senate shall be construed to limit contributions to defray the legal expenses of the spouses or dependents of Members, officers, or employees of the Senate. [S. Res. 508, 96-2, Sept. 4, 1980.] 102 restrictions on certain expenses payable or reimbursable from a senator's official office expense account Resolved, That except for section 3, this resolution applies only to payments and reimbursements from the contingent fund of the Senate under paragraphs (5) and (9) of section 506(a) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)). For purposes of such paragraphs, the terms ``official office expenses'' and ``other official expenses'' mean ordinary and necessary business expenses incurred by a Senator and his staff in the discharge of their official duties. Sec. 2. Reimbursements and payments from the contingent fund of the Senate under paragraphs (5) and (9) of [[Page 146]] section 506(a) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)) shall not be made for: (1) commuting expenses, including parking fees incurred in commuting; (2) expenses incurred for the purchase of holiday greeting cards, flowers, trophies, awards, and certificates; (3) donations or gifts of any type, except gifts of flags which have been flown over the United States Capitol, copies of the book ``We, the People'', and copies of the calendar ``We The People'' published by the United States Capitol Historical Society. (4) dues or assessments; (5) expenses incurred for the purchases of radio or television time, or for space in newspaper or other print media (except classified advertising for personnel to be employed in a Senator's office); (6) expenses incurred by an individual who is not an employee (except as specifically authorized by subsections (e) and (h) of such section 506); (7) travel expenses incurred by an employee which are not reimbursable under subsection (e) of such section 506; (8) relocation expenses incurred by an employee in connection with the commencement or termination of employment or a change of duty station; and (9) compensation paid to an individual for personal services performed in a normal employer- employee relationship. Sec. 3. Payment of or reimbursement for the following expenses is specifically prohibited by law and reimbursements and payments from the contingent fund of the Senate shall not be made therefor: (1) expenses incurred for entertainment or meals (2 U.S.C. 58(a)); (2) payment of additional salary or compensation to an employee (2 U.S.C. 68); and (3) expenses incurred for maintenance or care of private vehicles (Legislative Branch Appropriation Acts). Sec. 4. This resolution shall apply with respect to expenses incurred on or after the date on which this resolution is agreed to. [S. Res. 294, 96-2, Apr. 29, 1980; S. Res. 176, 104-1, Sept. 28, 1995.] [[Page 147]] 103 TELEVISION AND RADIO BROADCAST OF SENATE CHAMBER PROCEEDINGS Resolved, That (a) the Senate hereby authorizes and directs that there be both television and radio broadcast coverage (together with videotape and audio recordings) of proceedings in the Senate Chamber. (b) Such broadcast coverage shall be-- (1) provided in accordance with provisions of this resolution; (2) provided continuously, except for any time when the Senate is conducting a quorum call, or when a meeting with closed doors is ordered; and (3) provided subject to the provisions pertaining to the Senate gallery contained in the following Standing Rules of the Senate: rule XIX, paragraphs 6 and 7; rule XXV, paragraph 1(n); and rule XXXIII, paragraph 2. Sec. 2. The radio and television broadcast of Senate proceedings shall be supervised and operated by the Senate. Sec. 3. The television broadcast of Senate proceedings shall follow the Presiding Officer and Senators who are speaking, clerks, and the chaplain except during rollcall votes when the television cameras shall show the entire Chamber. Sec. 4. (a) The broadcast coverage by radio and television of the proceedings of the Senate shall be implemented as provided in this section. (b) The Architect of the Capitol, in consultation with the Sergeant at Arms and Doorkeeper of the Senate, shall-- (1) construct necessary broadcasting facilities for both radio and television (including a control room and the modification of Senate sound and lighting fixtures); (2) employ necessary expert consultants; and (3) acquire and install all necessary equipment and facilities to (A) produce a broadcast-quality ``live'' audio and color video signal of such proceedings, and (B) provide an archive-quality audio and color video tape recording of such proceedings: Provided, That the Architect of the Capitol, in carrying out the duties specified in clauses (1) through (3) of this subsection, shall not enter into any contract for the purchase or installation of equipment, for employment of any consultant, or for the provision of training to any person, [[Page 148]] unless the same shall first have been approved by the Committee on Rules and Administration. (c)(1) \1\ The Sergeant at Arms and Doorkeeper of the Senate shall-- --------------------------------------------------------------------------- \1\ As amended, S. Res. 459, 100-2, Sept. 14, 1988. --------------------------------------------------------------------------- (A) employ such staff as may be necessary, working in conjunction with the Senate Recording and Photographic Studios, to operate and maintain all broadcast audio and color video equipment installed pursuant to this resolution; (B) make audio and video tape recordings, and copies thereof as requested by the Secretary under paragraph (2) of Senate proceedings; and (C) retain for 30 session-days after the day any Senate proceedings took place, such recordings thereof, and as soon thereafter as possible, transmit to the Secretary of the Senate copies of such recordings. The Sergeant at Arms and Doorkeeper of the Senate, in carrying out the duties specified in subgragraphs (A) and (B), shall comply with appropriate Senate procurement and other regulations. (2) The Secretary of the Senate is authorized to obtain from the Sergeant at Arms archival quality video recordings of Senate proceedings and, as soon thereafter as possible, transmit such recordings to the Librarian of Congress and to the Archivist of the United States. Sec. 5. (a) Radio coverage of Senate proceedings shall-- (1) begin as soon as the necessary equipment has been installed; and (2) be provided continuously at all times when the Senate is in session (or is meeting in Committee of the Whole), except for any time when a meeting with closed doors is ordered. (b) As soon as practicable but no later than May 1, there shall begin a test period during which tests of radio and television coverage of Senate proceedings shall be conducted by the staffs of the Committee on Rules and Administration and of the Office of the Sergeant at Arms and Doorkeeper of the Senate. Television coverage of Senate proceedings shall go live June 1, 1986. The test period aforementioned shall end on July 15, 1986. (c) During such test period-- (1) final procedures for camera direction control shall be established; [[Page 149]] (2) television coverage of Senate proceedings shall not be transmittted between May 1st and June 1st, except that, at the direction of the chairman of the Committee on Rules and Administration, such coverage may be transmitted over the coaxial cable system of the Architect of the Capitol; and (3) recording of Senate proceedings shall be retained by the Secretary of the Senate. Sec. 6.\2\ (a) The use of any tape duplication of radio or television coverage of the proceedings of the Senate for political campaign purposes is strictly prohibited. --------------------------------------------------------------------------- \2\ As amended, S. Res. 431, 100-2, June 7, 1988. --------------------------------------------------------------------------- (b)(1) Except as provided in paragraph (2), any tape duplication of radio or television coverage of the proceedings of the Senate furnished to any person or organization shall be made on the condition, agreed to in writing, that the tape duplication shall not be used for political campaign purposes. (2) Any public or commercial news organization furnished a tape duplication described in paragraph (1) shall be subject to the provisions of paragraph (1) but shall not be required to enter into a written agreement. Sec. 7. Any changes in the regulations made by this resolution shall be made only by Senate resolution. However, the Committee on Rules and Administration may adopt such procedures and such regulations, which do not contravene the regulations made by this resolution, as it deems necessary to assure the proper implementation of the purposes of this resolution. Sec. 8. Such funds as may be necessary (but not in excess of $3,500,000) to carry out this resolution shall be expended from the contingent fund of the Senate. * * * * * * * Sec. 14. Provided, that if the Senate authorizes the permanent televising of the Senate pursuant to section 15, that radio and television coverage of the Senate shall be made available on a ``live'' basis and free of charge to (1) any accredited member of the Senate Radio and Television Correspondents Gallery, (2) the coaxial cable system of the Architect of the Capitol, and (3) such other news gathering, educational, or information distributing entity as may be authorized by the Committee on Rules and Administration to receive such broadcasts. [[Page 150]] Sec. 15. Television coverage of the Senate shall cease at the close of business July 15, 1986, and television coverage of the Senate and the rules changes contained herein shall continue, if the Senate agrees to the question, which shall be put one hour after the Senate convenes on July 29, 1986, ``Shall radio and television coverage continue after this date, and shall the rules changes contained herein continue?''.\3\ There shall be twelve hours of debate on this question, to be equally divided and controlled in the usual form, at the end of which any Senator may propose as an alternative the question, ``Shall the test period continue for thirty days?''. On this question there shall be one hour of debate, equally divided and controlled in the usual form. If this question is decided in the affirmative, then thirty days hence, one hour after the Senate convenes, the Senate shall proceed to vote without intervening action on the question, ``Shall radio and television coverage continue after this date and shall the rules changes contained herein continue?''. --------------------------------------------------------------------------- \3\ Pursuant to this provision, the question was considered and decided in the affirmative by a vote of 78- 21. See Daily Cong. Rec., 99th Cong., 2d sess., July 29, 1986, pp. 9750-9775. --------------------------------------------------------------------------- Sec. 16. Provided, that official noting of a Senator's absence from committees while the Senate is on television is prohibited. [S. Res. 28, 99-2, Feb. 27, 1986.] Sec. 17. The Secretary of the Senate shall, subject to the approval of the Senate Committee on Rules and Administration, contract with the Secretary of Education to provide closed captioning of the Senate floor proceedings. The Senate authorizes the Secretary of Education to have access to the audio and video broadcast of the Senate floor proceedings for the purpose of captioning. Such funds as may be necessary to carry out the purposes of this section are authorized to be paid from the contingent fund of the Senate. [S. Res. 13, 101-1, June 21, 1989.] Resolved, That, notwithstanding any other provision of S. Res. 28, agreed to February 27, 1986, television coverage of the Senate shall resume July 21, 1986 under the same basis as provided during the live test period under section 5 of S. Res. 28 unless the Senate votes pursuant to section 15 of S. Res. 28 to end coverage. [S. Res. 444, 99-2, July 15, 1986.] [[Page 151]] 104 OFFICIAL SENATE FLAG Resolved, That the Secretary of the Senate is authorized and directed to design an official Senate flag utilizing the seal of the Senate as the principal symbol on such flag. Expenses incident to the designing and procurement of such flag shall be paid from the contingent fund of the Senate upon vouchers signed by the Secretary of the Senate. Sec. 2. The Senate flag shall be available for purchase and use by Senators, or former Senators, only subject to the following conditions-- (1) purchase of the flag shall be limited to-- (A) two flags for each Senator, or former Senator, subject to replacement for loss, destruction, or wear and tear; (B) two flags for each Senate committee, as determined by the chairman and ranking member, subject to replacement for loss, destruction, or wear and tear; and (C) two flags for each officer of the Senate, subject to replacement for loss, destruction, or wear and tear; and (2) the flag shall not be utilized or displayed for commercial purposes. Senators who leave the Senate may retain their flags subject to the preceding restrictions. [S. Res. 369, 98-2, Sept. 7, 1984; S. Res. 135, 101-1, June 2, 1989.] 105 VOTES SHALL BE CAST FROM ASSIGNED DESK Resolved, That it is a standing order of the Senate that during yea and nay votes in the Senate, each Senator shall vote from the assigned desk of the Senator. [S. Res. 480, 98-2, Oct. 11, 1984.] 106 OFFICE OF SENATE SECURITY Resolved, That (a) there is established, within the Office of the Secretary of the Senate (hereinafter referred to as the ``Secretary''), the Office of Senate Security (hereinafter referred to as the ``Office''), which shall be headed by a Director of Senate Security (hereinafter referred to as the ``Director''). The Office shall be under the policy direction of the Majority and Minority Leaders of the Senate, and shall be under the administrative direction and supervision of the Secretary. [[Page 152]] (b)(1) The Director shall be appointed by the Secretary after consultation with the Majority and Minority Leaders. The Secretary shall fix the compensation of the Director. Any appointment under this subsection shall be made solely on the basis of fitness to perform the duties of the position and without regard to political affiliation. (2) The Director, with the approval of the Secretary, and after consultation with the Chairman and Ranking Member of the Committee on Rules and Administration of the Senate, may establish such policies and procedures as may be necessary to carry out the provisions of this resolution. Commencing one year from the effective date of this resolution, the Director shall submit an annual report to the Majority and Minority Leaders and the Chairman and Ranking Member of the Committee on Rules and Administration on the status of security matters and the handling of classified information in the Senate, and the progress of the Office in achieving the mandates of this resolution. Sec. 2. (a) The Secretary shall appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this resolution. The Director, with the approval of the Secretary, shall prescribe the duties and responsibilities of such personnel. If a Director is not appointed, the Office shall be headed by an Acting Director. The Secretary shall appoint and fix the compensation of the Acting Director. (b) The Majority and Minority Leaders of the Senate may each designate a Majority staff assistant and a Minority staff assistant to serve as their liaisons to the Office. Upon such designation, the Secretary shall appoint and fix the compensation of the Majority and Minority liaison assistants. Sec. 3. (a) The Office is authorized, and shall have the responsibility, to develop, establish, and carry out policies and procedures with respect to such matters as: (1) the receipt, control, transmission, storage, destruction or other handling of classified information addressed to the United States Senate, the President of the Senate, or Members and employees of the Senate; (2) the processing of security clearance requests and renewals for officers and employees of the Senate; (3) establishing and maintaining a current and centralized record of security clearances held by officers [[Page 153]] and employees of the Senate, and developing recommendations for reducing the number of clearances held by such employees; (4) consulting and presenting briefings on security matters and the handling of classified information for the benefit of Members and employees of the Senate; (5) maintaining an active liaison on behalf of the Senate, or any committee thereof, with all departments and agencies of the United States on security matters; and (6) conducting periodic review of the practices and procedures employed by all offices of the Senate for the handling of classified information. (b) Within 180 days after the Director takes office, he shall develop, after consultation with the Secretary, a Senate Security Manual, to be printed and distributed to all Senate offices. The Senate Security Manual will prescribe the policies and procedures of the Office, and set forth regulations for all other Senate offices for the handling of classified information. [Executed.] (c) Within 90 days after taking office, the Director shall conduct a survey to determine the number of officers and employees of the Senate that have security clearances and report the findings of the survey to the Majority and Minority Leaders and Secretary of the Senate together with recommendations regarding the feasibility of reducing the number of employees with such clearances. (d) The Office shall have authority-- (1) to provide appropriate facilities in the United States Capitol for hearings of committees of the Senate at which restricted data or other classified information is to be presented or discussed; (2) to establish and operate a central repository in the United States Capitol for the safeguarding of classified information for which the Office is responsible; which shall include the classified records, transcripts, and materials of all closed sessions of the Senate; and (3) to administer and maintain oaths of secrecy under paragraph (2) of rule XXIX of the Standing Rules of the Senate and to establish such procedures as may be necessary to implement the provisions of such paragraph. Sec. 4. Funds appropriated for the fiscal year 1987 which would be available to carry out the purposes of the Interim [[Page 154]] Office of Senate Security but for the termination of such Office shall be available for the Office of Senate Security. Sec. 5. (a) All records, documents, data, materials, rooms, and facilities in the custody of the Interim Office of Senate Security at the time of its termination on July 10, 1987, are transferred to the Office established by subsection (a) of the first section of this resolution. (b) This resolution shall take effect on July 11, 1987. [S. Res. 243, 100-1, July 1, 1987.] 107 DEBT COLLECTION Resolved, That, for purposes of subchapters I and II of chapter 37 of Title 31, United States Code (relating to claims of or against the United States Government), the United States Senate shall be considered to be a legislative agency (as defined in section 3701(a)(4) of such title), and the Secretary of the Senate shall be deemed to be the head of such legislative agency. Sec. 2. Regulations prescribed by the Secretary pursuant to section 3716 of Title 31, United States Code, shall not become effective until they are approved by the Senate Committee on Rules and Administration. [S. Res. 147, 101-1, June 20, 1989.] 108 TORT CLAIMS PROCEDURES Resolved, That the Sergeant at Arms of the Senate, in accordance with regulations prescribed by the Attorney General and such regulations as the Committee on Rules and Administration may prescribe, may consider and ascertain and, with the approval of the Committee on Rules and Administration, determine, compromise, adjust, and settle, in accordance with the provisions of chapter 171 of Title 28, United States Code, any claim for money damages against the United States for injury of loss of property or personal injury or death caused by the negligent or wrongful act or omission of any Member, officer, or employee of the Senate while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. The Committee on Rules and Administration may, from time to time, delegate any or all of its authority under this resolution to the chairman. Any compromise, adjustment, or settlement of any such claim not exceeding $2,500 shall be paid from the contingent fund [[Page 155]] of the Senate on a voucher approved by the chairman of the Committee on Rules and Administration. Sec. 2. The Committee on Rules and Administration is authorized to issue such regulations as it may determine necessary to carry out the provisions of this resolution. [S. Res. 492, 97-2, Dec. 10, 1982.] 109 ACCEPTANCE OF GIFTS BY THE COMMITTEE ON RULES AND ADMINISTRATION Sec. 4. The Senate Committee on Rules and Administration, on behalf of the Senate, may accept a gift if the gift does not involve any duty, burden, or condition, or is not made dependent upon some future performance by the United States Senate. The Committee on Rules and Administration is authorized to promulgate regulations to carry out this section. [S. Res. 158, 104-1, July 28, 1995, effective Jan. 1, 1996.] 110 DESIGNATION OF THE JEFFERSON DAVIS DESK Resolved, That during the One Hundred Fourth Congress and each Congress thereafter, the desk located within the Senate Chamber and used by Senator Jefferson Davis shall, at the request of the senior Senator from the State of Mississippi, be assigned to such Senator, for use in carrying out his or her senatorial duties during that Senator's term of office. [S. Res. 161, 104-1, Aug. 8, 1995.] 111 ACCEPTANCE OF PRO BONO LEGAL SERVICES BY A MEMBER OF THE SENATE Resolved, That (a) notwithstanding the provisions of the Standing Rules of the Senate or Senate Resolution 508, adopted by the Senate on September 4, 1980, pro bono legal services provided to a Member of the Senate with respect to a civil action challenging the validity of a Federal statute that expressly authorizes a Member to file an action-- (1) shall not be deemed a gift to the Member; (2) shall not be deemed to be a contribution to the office account of the Member; and (3) shall not require the establishment of a legal expense trust fund. (b) The Select Committee on Ethics shall establish regulations providing for the public disclosure of information relating to pro bono legal services performed as authorized by this resolution. [S. Res. 321, 104-2, Oct. 3, 1996.] [[Page 156]] 112 TO PERMIT AN INDIVIDUAL WITH A DISABILITY WITH ACCESS TO THE SENATE FLOOR TO BRING NECESSARY SUPPORTING AIDS AND SERVICES Resolved, That an individual with a disability who has or is granted the privilege of the Senate floor under rule XXIII of the Standing Rules of the Senate may bring necessary supporting aids and services (including service dogs, wheelchairs, and interpreters) on the Senate floor, unless the Senate Sergeant at Arms determines that the use of such supporting aids and services would place a significant difficulty or expense on the operations of the Senate in accordance with paragraph 2 of rule 4 of the Rules for Regulation of the Senate Wing of the United States Capitol. [S. Res. 110, 105-1, July 31, 1997.] 113 SPECIAL COMMITTEE ON THE YEAR 2000 TECHNOLOGY PROBLEM Sec. 1. Establishment of the special committee (a) Establishment.--There is established a special committee of the Senate to be known as the Special Committee on the Year 2000 Technology Problem (hereafter in this resolution referred to as the ``special committee''). (b) Purpose.--The purpose of the special committee is-- (1) to study the impact of the year 2000 technology problem on the Executive and Judicial Branches of the Federal Government, State governments, and private sector operations in the United States and abroad; (2) to make such findings of fact as are warranted and appropriate; and (3) to make such recommendations, including recommendations for new legislation and amendments to existing laws and any administrative or other actions, as the special committee may determine to be necessary or desirable. No proposed legislation shall be referred to the special committee, and the committee shall not have power to report by bill, or otherwise have legislative jurisdiction. (c) Treatment as Standing Committee.--For purposes of paragraphs 1, 2, 7(a)(1)-(2), and 10(a) of rule XXVI and rule XXVII of the Standing Rules of the Senate, and section 202 (i) and (j) of the Legislative Reorganization Act of 1946, the special committee shall be treated as a standing committee of the Senate. [[Page 157]] Sec. 2. Membership and organization of the special committee (a) Membership.-- (1) In general.--The special committee shall consist of 7 members of the Senate-- (A) 4 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 (B) 3 of whom shall be appointed by the President pro tempore of the Senate from the minority party of the Senate upon the recommendation of the Minority Leader of the Senate. The Chairman and Ranking Minority Member of the Appropriations Committee shall be appointed ex-offico members. (2) Vacancies.--Vacancies in the membership of the special committee shall not affect the authority of the remaining members to execute the functions of the special committee and shall be filled in the same manner as original appointments to it are made. (3) Service.--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 special committee shall not be taken into account. (b) Chairman.--The chairman of the special committee shall be selected by the Majority Leader of the Senate and the vice chairman of the special committee shall be selected by the Minority Leader of the Senate. The vice chairman shall discharge such responsibilities as the special committee or the chairman may assign. Sec. 3. Authority of special committee (a) In general.--For the purposes of this resolution, the special committee is authorized, in its discretion-- (1) to make expenditures from the contingent fund of the Senate; (2) to employ personnel; (3) to hold hearings; (4) to sit and act at any time or place during the sessions, recesses, and adjourned periods of the Senate; (5) to require, by subpoena or otherwise, the attendance of witnesses and the production of correspondence, books, papers, and documents; (6) to take depositions and other testimony; [[Page 158]] (7) to procure the services of individual consultations or organizations thereof, in accordance with the provisions of section 202(i) of the Legislative Reorganization Act of 1946; and (8) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a nonreimbursable basis the services of personnel of any such department or agency. (b) Oaths for Witnesses.--The chairman of the special committee or any member thereof may administer oaths to witnesses. (c) Subpoenas.--Subpoenas authorized by the special committee may be issued over the signature of the chairman after consultation with the vice chairman, or any member of the special committee designated by the chairman after consultation with the vice chairman, and may be served by any person designated by the chairman or the member signing the subpoena. (d) Other Committee Staff.--The special committee may 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 and on a nonreimbuseable basis, the facilities or services of any members of the staff of such other Senate committee whenever the special committee or its chairman, following consultation with the vice chairman, considers that such action is necessary or appropriate to enable the special committee to make the investigation and study provided for in this resolution. (e) Use of Office Space.--The staff of the special committee may be located in the personal office of a Member of the special committee. Sec. 4. Report and termination The special committee shall report its findings, together with such recommendations as it deems advisable, to the Senate at the earliest practicable date. Sec. 5. Funding (a) In general.--From the date this resolution is agreed to through February 29, 2000, the expenses of the special committee incurred under this resolution shall not exceed $575,000 for the period beginning on the date of adoption of this resolution through February 28, 1999, and $575,000 for the period of March 1, 1999 through February 29, 2000, of which amount not to exceed [[Page 159]] $200,000 shall be available for each period 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. (b) Payment of Benefits.--The retirement and health benefits of employees of the special committee shall be paid out of the contingent fund of the Senate. [S. Res. 208, 105-2, Apr. 2, 1998.] 114 DESIGNATION OF THE HENRY CLAY DESK Resolved, That during the One Hundred Sixth Congress and each Congress thereafter, the desk located within the Senate Chamber and used by Senator Henry Clay shall, at the request of the senior Senator from the State of Kentucky, be assigned to that Senator for use in carrying out his or her senatorial duties during that Senator's term of office. [S. Res. 89, 106-1, Apr. 28, 1999.]