[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]
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NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND
RESOLUTIONS AFFECTING THE BUSINESS OF THE SENATE
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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.
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\1\See also paragraphs 4 and 6 of rule XLI of the
Standing Rules of the Senate, Senate Manual sections 41.4,
41.6.
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[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.]
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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.
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\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.''
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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\
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\1\ S. Res. 9 established these provisions by amendment
to S. Res. 458 (Sec. 72 above).
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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.
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\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.
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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.
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(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.
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(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.
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\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\
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\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.
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* * * * * * *
[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--
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\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
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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
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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.]