RULES OF PROCEDURE FOR SENATE INVESTIGATING COMMITTEES MONDAY, JUNE 28, 1954 UNITED STATES SENATE, COMMITTEE ON RULES AND ADMINISTRATION, SUBCOMMITTEE ON RULES, The subcommittee met at 2:30 p. m., pursuant to call, in room 318 of the Senate Office Building, Senator William E. Jenner (chairman) presiding. Present: Senators Jenner (chairman), Carlson, and Hayden. Also present: Boris S. Berkovitch, counsel to Subcommittee on Rules; W. F. Bookwalter, chief clerk of the Committee on Rules and Administration; Darrell St. Claire, professional staff member, Committee on Rules and Administration; and Judge Robert Morris. The CHAIRMAN. The committee will come to order. We are glad to see here Senator Bush, who will be the first witness. We are opening these hearings on a number of resolutions introduced in the Senate on the subject of rules of procedure for investigations by Senate committees. These include: Senate Resolution 65, introduced by Senator Gillette; Senate Resolution 146, introduced by Senator Monroney; Senate Resolution 223, introduced by Senator Gillette; Senate Resolution 249, introduced by Senator Bennett; Senate Resolution 253, introduced by Senator Bush; Senate Resolution 256, introduced by Senator Kefauver and others; Senate Concurrent Resolution 11, introduced by Senator Kefauver; and Senate Concurrent Resolution 86, introduced by Senator Johnston of South Carolina and Senator Stennis. Without objection, the resolutions will be made a part of the record at this point. (The resolutions referred to are as follows:) [S. Res. 65, 83d Cong., 1st sess.] RESOLUTION Resolved, That the Standing Rules of the Senate are amended by inserting at the end thereof the following new rule: "RULE XLI "INQUIRIES AND INVESTIGATIONS AND COMMITTEE PERSONNEL "1. No resolution authorizing an inquiry or investigation, or extension thereof, shall contain any authorization for any payment from the contingent fund of the Senate. Any committee reporting any such resolution to the Senate involving an inquiry or investigation in the conduct of which expenses will be incurred shall include in the report on such resolution a budget setting forth its estimate of expenses to be incurred in such inquiry or investigation. Any such buishall include separate estimates for personal services, hearings, and travel, shall contain such other information as the Committee on Rules and Adminis tion may require. "2. Authorization to pay from the contingent fund of the Senate for " expenses of any inquiry or investigation hereafter authorized or extended #22 be made by a resolution separate from the resolution authorizing such inquiry investigation or extension thereof. No resolution authorizing or reauthoriz the payment of the expenses of any such inquiry or investigation shall be agre to by the Senate until after the resolution authorizing such inquiry or invest.c tion, or extension thereof, has been agreed to by the Senate. "3. The Committee on Rules and Administration is authorized and directed · prescribe uniform requirements for the form and contents of the budget requiri to be submitted under subsection 1 of this rule, and to make such studies as ш1 be necessary to enable it so to prescribe. "4. Whenever the head of any department or agency of the Government sh have detailed or assigned personnel of such department or agency to the st of any Senate committee or subcommittee thereof, the appropriations of su department or agency from which the personnel so assigned or detailed paid shall be reimbursed from funds available to the committee or subcommitte at the end of each quarterly period in the amount of the salaries of such per sonnel while on such detail or assignment; and the services of any persona so detailed or assigned shall not be accepted or utilized unless, at the time such detail or assignment, funds are available to such committee or subeers mittee for the reimbursement of appropriations, as herein provided, for the period of such detail or assignment." SEC. 2. Paragraph (o) (1) (A) of rule XXV of the Standing Rules of the Senate is amended to read as follows: "(A) Matters relating to the payment of money out of the contingent fund of the Senate or creating a charge upon the same, but no resolution whica authorizes an inquiry or investigation, or an extension thereof, and does not contain an authorization for payment out of such contingent fund shall be deemed to create a charge upon the same." SEC. 3. S. Res. 77, Seventy-ninth Congress, agreed to June 28, 1945, as amended, is repealed. [S. Res. 146, 83d Cong., 1st sess.] Resolved, That rule XXVI of the Standing Rules of the Senate is amended by adding at the end thereof the following new subsection: "3. In any case in which a controversy arises as to the jurisdiction of any committee of the Senate to make any inquiry or investigation, the question of jurisdiction shall be decided by the Presiding Officer of the Senate, witheat debate, upon a motion to discharge the committee from further pursuing sub inquiry or investigation; but such decision shall be subject to an appeal. The chairman of each committee shall from time to time and at the earliest date practicable, report to the Senate the general nature of inquiries or investizations the committee proposes to undertake, or, in any case he deems the national security might be endangered by such report, he shall in writing advise the President of the Senate of that fact." [S. Res. 223, 83d Cong., 2d sess.] Resolved. That (a) each committee of the Senate which shall have adopted rules for the conduct of investigations by such committee or by a subcommitte thereof, and each subcommittee of any such committee which shall have adopted rules for the conduct of investigations by such subcommittee, shall submit a copy of such rules to the Secretary of the Senate within thirty days after the date of adoption of this resolution and thereafter within thirty days after the beginning of each regular session of the Congress. Whenever any committee of the Senate or subcommittee thereof adopts any new rule or rules for the con duct of investigations, or makes any amendment or modification of any rule for be conduct of investigations, it shall submit a copy of such new, amended, or odified rule or rules to the Secretary of the Senate within ten days after the ate of the adoption, amendment, or modification of such rule or rules. (b) The Secretary of the Senate shall cause to be printed in the Congressional tecord all rules and amendments or modifications thereof submitted to him inder this resolution, and at least once each year shall cause such rules to be compiled and printed as a Senate document. [S. Res. 249, 83d Cong., 2d sess.] Resolved, That the Standing Rules of the Senate are amended by adding at the end thereof the following new rule: "RULE XLI "COMMITTEE PROCEEDINGS "No standing, special, or select committee (or any subcommittee thereof) shall permit the proceedings in any hearing before such committee to be— "(a) broadcast by radio or television, or "(b) recorded, in whole or in part, by means of any motion picture camera, television camera, or any form of sound recording or transcription, unless the individual, firm, or organization (including but not limited to broadcasting networks and stations) making such broadcast or record has first furnished written assurances satisfactory to the chairman of such committee to the effect that such proceedings will not be used in any radio or television broadcast, rebroadcast, or re-creation (other than a broadcast, rebroadcast, or re-creation devoted exclusively to a survey or summary of news of current events and made without interruption for any commercial advertisement or announcement) which is (1) made for payment received or to be received from any advertiser of goods or services, (2) sponsored or made by or on behalf of any such advertiser, (3) interrupted by any announcement made by or on behalf of any such advertiser, or (4) made in connection with or in relation to any advertisement for any commodity or service offered for sale by any commercial enterprise. Upon receipt by the chairman of any information deemed by him to be reliable to the effect that any such undertaking has been violated, a written statement of the facts concerning such violation shall be filed by him with the Secretary of the Senate, and the individual, firm, or organization which has given the undertaking so violated shall be excluded from further opportunity to so broadcast or record the proceedings of such hearing. No committee chairman shall permit any individual, firm, or organization to broadcast or record any such proceedings until he has ascertained from the Secretary of the Senate whether such individual, firm, or organization has within one year violated any undertaking previously given in compliance with this rule." [S. Res. 253, 83d Cong., 2d sess.] Resolved, That rule XV of the Standing Rules of the Senate is amended by inserting at the end thereof the following: "3. All bills and resolutions to authorize the investigation of a particular subject matter shall define such subject matter clearly, and shall state the need for such investigation and the general objects thereof." SEC. 2. Rule XXV of such Standing Rules is amended by deleting the title "Standing Committees" and inserting in lieu thereof "Powers and Duties of Committees." SEC. 3. Paragraph (b) of subsection 3 of such rule XXV is amended to read as follows: "(b) Unless the committee otherwise provides, one member shall constitute a quorum for the receipt of evidence and the taking of testimony; but no witness shall be compelled to give oral testimony before less than two members if, prior to testifying, he objects to the presence of only one member." SEC. 4. Such rule XXV is amended by inserting at the end thereof the following subsections: "5. The rules of the committees shall be the rules of the subcommittees so far as applicable. Committees and subcommittees may adopt additional rules not inconsistent with the rules of the Senate. "6. All hearings conducted by committee shall be open to the public, except executive sessions for marking up bills or for voting or where the committee by a majority vote orders an executive session. "7. Unless otherwise provided, committee action shall be by vote of a majority of a quorum. "8. An investigating subcommittee of any committee may be authorized only by a majority vote of the committee. "9. No committee hearing shall be held unless specifically authorized by the committee. "10. No committee hearing shall be held in any place outside of the District of Columbia unless authorized by a majority vote of the committee. "11. No measure, finding, or recommendation shall be reported from any committee unless a majority of the committee were actually present. "12. No testimony taken or material presented in an executive session shall be made public, either in whole or in part or by way of summary, unless authorized by a majority vote of the committee. "13. No person shall be employed for or assigned to investigate activities until approved by the committee. "14. Unless otherwise provided, subpenas to require the attendance of witnesses, the giving of testimony, and the production of books, papers, or other evidence shall be issued only by authority of the committee, shall be signed by the chairman or any member designated by the chairman, and may be served by any person designated by the committee, the chairman, or the signing member. "15. No witness shall be compelled to give oral testimony for broadcast, or for direct reproduction by motion picture photography, recording, or otherwise in news and entertainment media if he objects. "16. Oaths may be administered and hearings may be conducted and presided over by the chairman or any member designated by the chairman. "17. Witnesses shall be permitted to be advised by counsel of their legal rights while giving testimony, and unless the presiding member otherwise directs, to be accompanied by counsel at the stand. "18. Witnesses, counsel, and other persons present at committee hearings shall maintain proper order and decorum; counsel shall observe the standards of ethics and deportment generally required of attorneys at law. The chairman may punish breaches of this provision by censure or by exclusion from the committee's hearings, and the committee may punish by citation to the Senate as for contempt. "19. Whenever the committee determines that evidence relating to a question under inquiry may tend to defame, degrade, or incriminate persons called as witnesses therein, the committee shall observe the following additional procedures, so far as may be practicable and necessary for the protection of such persons: "(a) The subject of each hearing shall be clearly stated at the outset thereof, and evidence sought to be elicited shall be pertinent to the subject as so stated. "(b) Preliminary staff inquiries may be directed by the chairman, but no major phase of the investigation shall be developed by calling witnesses until approved by the commitee. "(c) All testimony, whether compelled or volunteered, shall be given under oath. "(d) Counsel for witnesses may be permitted, in the discretion of the presiding member and as justice may require, to be heard briefly on points of right and procedure, to examine their clients briefly for purposes of amplification and clarification, and to address pertinent questions by written interrogatory to other witnesses whose testimony pertains to their clients. "(e) Testimony shall be heard in executive session, the witness willing, when necessary to shield the witness or other persons about whom he may testify. "(f) The secrecy of executive sessions and of all matters and material not expressly released by the committee shall be rigorously enforced. "(g) Witnesses shall be permitted brief explanations of affirmative or negative responses, and may submit concise, pertinent statements, orally or in writing, for inclusion in the record at the opening or close of their testimony. "(h) An accurate verbatim transcript shall be made of all testimony, and no alterations of meaning shall be permitted therein. |