Hearings

(i) Each witness may obtain transcript copies of his testimony given publicly y paying the cost thereof; copies of his testimony given in executive session shall e furnished the witness at cost if the testimony has been released or publicly isclosed, or if the chairman so orders.

(j) No testimony given in executive session shall be publicly disclosed in part nly, except when the committee decides that deletions from the transcript are equired by considerations of national security.

**20. Whenever the committee determines that any testimony, statement, reease, or other evidence or utterance relating to a question under inquiry may end to defame, degrade, or incriminate persons who are not witnesses, the comnittee shall observe the following additional procedures, so far as may be pracicable and necessary for the protection of such persons:

(a) Persons so affected shall be afforded an opportunity to appear as witesses, promptly and at the same place if possible, and under subpena if they so elect. Testimony relating to the adverse evidence or utterance shall be subject to applicable provisions of subsection 19 of this rule.

"(b) Each such person may, in lieu of appearing as a witness, submit a concise, pertinent sworn statement which shall be incorporated in the record of the hearing to which the adverse evidence or utterance relates.

21. The chairman or a member shall when practicable consult with appropriate Federal law-enforcement agencies with respect to any phase of an investigation which may result in evidence exposing the commission of Federal crimes, and the results of such consultation shall be reported to the committee before witnesses are called to testify therein.

"22. Requests to subpena additional witnesses shall be received and considered by the chairman in any investigation in which witnesses have been subpenaed. Any such request received from a witness or other person entitled to the protections afforded by subsections 19 or 20 of this rule shall be considered and disposed of by the committee.

23. Each committee conducting investigations shall make available to interested persons copies of the rules applicable therein."

[S. Res. 256, 83d Cong., 2d sess.]

RESOLUTION

Whereas investigation of matters of public importance through committee hearings is of vital importance to the discharge of the constitutional functions of the Senate of the United States; and

Whereas the investigative power of Senate committees is derived from the power of the Congress to inquire into matters of public importance within its jurisdiction; and

Whereas article I, section 5, of the Constitution of the United States provides that “Each House may determine the rules of its proceedings": Therefore be it Resolved, That the following be, and hereby are, adopted as the Code of Fair Committee Procedure of the Senate of the United States in connection with all investigations in which committees act as organs of inquiry and investigation as distinguished from their general roles in which they discharge normal legislative functions, including the holding of normal hearings incident to committee business.

SUBCOMMITTEE, MEETINGS, INVESTIGATIONS, AND REPORTS

SEC. 2. (a) Subcommittees, as required, shall be appointed by the committee chairman, subject to the approval of the majority of the committee, and shall ordinarily consist of no less than three members, a proportionate ratio of whom shall be members of the minority (the designation of the majority and minority members of a subcommittee shall be subject to the approval of the majority and minority members of the committee respectively in caucus assembled). Subcommittees of less than three members may be designated by the chairman, subject to the approval of the majority of the committee.

(b) Committee meetings, other than regular meetings authorized by section 133 (a) of the Legislative Reorganization Act of 1946 (60 Stat. 837), shall be called only upon a minimum of sixteen hours' written notice to the office of each committee member. This provision may be waived by the assent of the majority of the members of the committee.

49141-54-pt. 1—2

(c) Committee hearings (whether public or in executive session) and committee investigations shall be scheduled and conducted only upon the majority vote of the committee in a meeting at which a majority of the committee is actually present.

(d) A resolution or motion scheduling hearings or ordering a particular investigation shall state clearly and with particularity the subject thereof, which resolution may be amended only upon majority vote of the committee in a meeting at which a majority of the committee is actually present.

(e) The chairman or a member shall consult with appropriate Federal lawenforcement agencies with respect to any phase of an investigation which may result in evidence exposing the commission of Federal crimes, and the results of such consultation shall be reported to the committee before witnesses are called to testify therein.

(f) No committee report shall be issued unless a draft of such report is submitted to the office of each committee member twenty-four hours in advance of the meeting at which it is to be considered and is adopted at a meeting at which a majority is actually present.

(g) No testimony given in executive session or part or summary thereof shall be released or disclosed orally or in writing by a member or employee of the Senate without the authorization of the committee by majority vote at a meeting at which a majority of members is present. No committee or staff report or news release or statement based upon evidene or testimony adversely affecting a person shall be released or disclosed by the committee or any member orally or in writing unless such evidence or testimony and the complete evidence or testimony offered in rebuttal thereto, if any, is published prior to or simultaneously with the issuance of the report, or news release, or statement.

(h) The rule as to the secrecy of executive sessions as set forth in subsection (g) of this section shall be applicable to Members and employees of the Senate for a reasonable period following an executive session until the committee has had a reasonable time to conclude the pertinent investigation and hearings and to issue a report; subject, however, to any decision by a committee majority for prior release in the manner set forth in subsection (g).

HEARINGS

SEC. 3. (a) Witnesses at committee hearings (whether public or in executive session) shall have the right to be accompanied by counsel, of their own choosing, who shall have the right to advise witnesses of their rights and to make brief objections to the relevancy of questions and to procedure.

(b) Rulings on motions or objections shall be made by the Member presiding, subject to appeal to the Members present on motion of a Member.

(c) At least twenty-four hours prior to his testifying a witness shall be given a copy of that portion of the motion or resolution scheduling the hearing stating the subject of the hearing; at the same time he shall be given a statement of the subject matters about which he is to be interrogated.

(d) It is the policy of the Senate that only evidence and testimony which is reliable and of probative value shall be received and considered by a committee. The privileged character of communications between clergyman and parishioner, doctor and patient, lawyer and client, and husband and wife shall be scrupulously observed.

(e) No testimony shall be taken in executive session unless at least two members of the committee are present.

(f) (i) Every witness shall have the right to make complete and brief answers to questions and to make concise explanations of such answers.

(ii) Every witness who testifies in a hearing shall have a right to make an oral statement and to file a sworn statement which shall be made part of the transcript of such hearing, but such oral or written statement shall be relevant to the subject of the hearing.

(g) A stenographic verbatim transcript shall be made of all committee hearings. Copies of such transcript, so far as practicable, shall be available for inspection or purchase at regularly prescribed rates from the official reporter by any witness or person mentioned in a public hearing. Any witness and his counsel shall have the right to inspect only the complete transcript of his own testimony in executive session.

"(i) Each witness may obtain transcript copies of his testimony given publicly y paying the cost thereof; copies of his testimony given in executive session shall e furnished the witness at cost if the testimony has been released or publicly isclosed, or if the chairman so orders.

"(j) No testimony given in executive session shall be publicly disclosed in part nly, except when the committee decides that deletions from the transcript are equired by considerations of national security.

20. Whenever the committee determines that any testimony, statement, reease, or other evidence or utterance relating to a question under inquiry may end to defame, degrade, or incriminate persons who are not witnesses, the comnittee shall observe the following additional procedures, so far as may be pracicable and necessary for the protection of such persons:

"(a) Persons so affected shall be afforded an opportunity to appear as witnesses, promptly and at the same place if possible, and under subpena if they so elect. Testimony relating to the adverse evidence or utterance shall be subject to applicable provisions of subsection 19 of this rule.

(b) Each such person may, in lieu of appearing as a witness, submit a concise, pertinent sworn statement which shall be incorporated in the record of the hearing to which the adverse evidence or utterance relates.

"21. The chairman or a member shall when practicable consult with appropriate Federal law-enforcement agencies with respect to any phase of an investigation which may result in evidence exposing the commission of Federal crimes, and the results of such consultation shall be reported to the committee before witnesses are called to testify therein.

"22. Requests to subpena additional witnesses shall be received and considered. by the chairman in any investigation in which witnesses have been subpenaed. Any such request received from a witness or other person entitled to the protections afforded by subsections 19 or 20 of this rule shall be considered and disposed of by the committee.

23. Each committee conducting investigations shall make available to interested persons copies of the rules applicable therein."

[S. Res. 256, 83d Cong., 2d sess.]

RESOLUTION

Whereas investigation of matters of public importance through committee hearings is of vital importance to the discharge of the constitutional functions of the Senate of the United States; and

Whereas the investigative power of Senate committees is derived from the power of the Congress to inquire into matters of public importance within its jurisdiction; and

Whereas article I, section 5, of the Constitution of the United States provides that "Each House may determine the rules of its proceedings": Therefore be it Resolved, That the following be, and hereby are, adopted as the Code of Fair Committee Procedure of the Senate of the United States in connection with all investigations in which committees act as organs of inquiry and investigation as distinguished from their general roles in which they discharge normal legislative functions, including the holding of normal hearings incident to committee business.

SUBCOMMITTEE, MEETINGS, INVESTIGATIONS, AND REPORTS

49:41-54-pt. 1-2

(c) Committee hearings (whether public or in executive session) and emittee investigations shall be scheduled and conducted only upon the majority vote of the committee in a meeting at which a majority of the committee is act ally present.

(d) A resolution or motion scheduling hearings or ordering a particular t vestigation shall state clearly and with particularity the subject thereof, which resolution may be amended only upon majority vote of the committee in a meeting at which a majority of the committee is actually present.

(g) No testimony given in executive session or part or summary thereof shall be released or disclosed orally or in writing by a member or employee of the Senate without the authorization of the committee by majority vote at al meeting at which a majority of members is present. No committee or staff report or news release or statement based upon evidene or testimony adversely affecting a person shall be released or disclosed by the committee or any member orally or in writing unless such evidence or testimony and the complete evidence or testimony offered in rebuttal thereto, if any, is published prior to or simultaneously with the issuance of the report, or news release, or statement.

HEARINGS

(b) Rulings on motions or objections shall be made by the Member presiding, subject to appeal to the Members present on motion of a Member.

(c) At least twenty-four hours prior to his testifying a witness shall be given a copy of that portion of the motion or resolution scheduling the hearing stat ing the subject of the hearing; at the same time he shall be given a statement of the subject matters about which he is to be interrogated.

(e) No testimony shall be taken in executive session unless at least two members of the committee are present.

(f) (i) Every witness shall have the right to make complete and brief answers to questions and to make concise explanations of such answers.

RIGHTS OF PERSONS ADVERSELY AFFECTED BY TESTIMONY

SEC. 4. (a) A person shall be considered to be adversely affected by evidence or testimony of a witness if the committee determines that: (i) The evidence or testimony would constitute libel or slander if not presented before a committee of the Senate, or (ii) the evidence or testimony alleges crime or misconduct or tends to disgrace or otherwise to expose the person to public contempt, hatred, or

scorn.

(b) Insofar as practicable, any person whose activities are the subject of investigation by the committee, or about whom adverse information is proposed to be presented at a public hearing of the committee, shall be fully advised by the committee as to the matters into which the committee proposes to inquire and the adverse material which is proposed to be presented. Insofar as practicable, all material reflecting adversely on the character or reputation of any individual which is proposed to be presented at a public hearing of the committee shall be first reviewed in executive session to determine its reliability and probative value and shall not be presented at a public hearing except pursuant to majority vote of the committee.

(c) If a person is adversely affected by evidence or testimony given in a public hearing that person shall have the right: (i) To appear and testify or file a sworn statement in his own behalf, (ii) to have the adverse witness recalled upon application made within thirty days after introduction of such evidence or the termination of the adverse witness' testimony, (iii) to be represented by counsel (as in (2) (b) hereof), (iv) to cross-examine (in person or by counsel) such adverse witness, and (v) subject to the discretion of the committee, to obtain the issuance by the committee of subpenas for witnesses, documents, and other evidence in his defense. Such opportunity for rebuttal shall be afforded promptly and, so far as practicable, such hearing shall be conducted at the same place and under the same circumstances as the hearing at which adverse testimony was presented.

Cross-examination shall be limited to one hour for each witness, unless the committee by majority vote extends the time for each witness or group of witnesses.

(d) If a person is adversely affected by evidence or testimony given in executive session or by material in the committee files or records, and if public release of such evidence, testimony, or material is contemplated, such person shall have, prior to the public release of such evidence or testimony or material or any disclosure of or comment upon it by members of the committee or committee staff or taking of similar evidence or testimony in a public hearing, the rights conferred by subsection (3) (c) hereof and the right to inspect at least as much of the evidence or testimony of the adverse witness or material as will be made public or the subject of a public hearing.

(e) Any witness (except a member of the press who testifies in his professional capacity) who gives testimony before the committee in an open hearing which reflects adversely on the character or reputation of another person may be required by the committee to disclose his sources of information, unless to do so would endanger the national security.

SUBPEN AS

SEC. 5. Subpenas shall be issued by the chairman of a committee only upon written notice to all members of the committee with a statement as to the identity of the witness or material and their relevancy to the investigation or hearing already authorized. Upon the request of any member of the committee the question of whether a subpena shall be issued or remain in force if already issued shall be decided by majority vote.

COMMITTEE STAFF

SEC, 6. The composition and selection of, and changes in, the professional andclerical staff of a committee shall be subject to the vote of a majority of the members of the committee.

TELEVISION AND OTHER MEANS OF COMMUNICATION AND REPORTING

SEC. 7. (a) Subject to the physical limitations of the hearing room and consideration of the physical comfort of committee members, staff, and witnesses, equal access for coverage of the hearings shall be provided to the various means

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