of expenses to be incurred in such inquiry or investigation. Any such bud shall include separate estimates for personal services, hearings, and travel, a shall contain such other information as the Committee on Rules and Administ tion may require.

"2. Authorization to pay from the contingent fund of the Senate for 1 expenses of any inquiry or investigation hereafter authorized or extended sh be made by a resolution separate from the resolution authorizing such inquiry investigation or extension thereof. No resolution authorizing or reauthorizi 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 investi 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 requi to be submitted under subsection 1 of this rule, and to make such studies as m 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 subcommit at the end of each quarterly period in the amount of the salaries of such p sonnel while on such detail or assignment; and the services of any person 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 subco mittee for the reimbursement of appropriations, as herein provided, for t period of such detail or assignment."

SEC. 2. Paragraph (o) (1) (A) of rule XXV of the Standing Rules of t Senate is amended to read as follows:

"(A) Matters relating to the payment of money out of the contingent fu of the Senate or creating a charge upon the same, but no resolution whi authorizes an inquiry or investigation, or an extension thereof, and does contain an authorization for payment out of such contingent fund shall deemed to create a charge upon the same."

SEC. 3. S. Res. 77, Seventy-ninth Congress, agreed to June 28, 1945, amended, is repealed.

[S. Res. 146, 83d Cong., 1st sess.]
RESOLUTION

Resolved, That rule XXVI of the Standing Rules of the Senate is amend by adding at the end thereof the following new subsection:

"3. In any case in which a controversy arises as to the jurisdiction of a committee of the Senate to make any inquiry or investigation, the question jurisdiction shall be decided by the Presiding Officer of the Senate, witho debate, upon a motion to discharge the committee from further pursuing su inquiry or investigation; but such decision shall be subject to an appeal. T chairman of each committee shall from time to time and at the earliest da practicable, report to the Senate the general nature of inquiries or investig tions the committee proposes to undertake, or, in any case he deems the nation security might be endangered by such report, he shall in writing advise t President of the Senate of that fact."

[S. Res. 223, 83d Cong., 2d sess.]
RESOLUTION

Resolved, That (a) each committee of the Senate which shall have adopt rules for the conduct of investigations by such committee or by a subcommitt thereof, and each subcommittee of any such committee which shall have adopt rules for the conduct of investigations by such subcommittee, shall submit copy of such rules to the Secretary of the Senate within thirty days after t date of adoption of this resolution and thereafter within thirty days after t beginning of each regular session of the Congress. Whenever any committee the Senate or subcommittee thereof adopts any new rule or rules for the co duct of investigations, or makes any amendment or modification of any rule f

the conduct of investigations, it shall submit a copy of such new, amended, or modified rule or rules to the Secretary of the Senate within ten days after the date 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 Record all rules and amendments or modifications thereof submitted to him under 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.]
RESOLUTION

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.]
RESOLUTION

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.

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

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

20. Whenever the committee determines that any testimony, statement, release, or other evidence or utterance relating to a question under inquiry may tend to defame, degrade, or incriminate persons who are not witnesses, the committee shall observe the following additional procedures, so far as may be practicable 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

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.

49144-54-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.