[34] [34.1] Commissioners of the District of Columbia.1 The Librarian of Congress and the Assistant Librarian in charge of the Law Library. The Architect of the Capitol.2 The Secretary of the Smithsonian Institution.2 Clerks to Senate committees and clerks to Senators when in the actual discharge of their official duties. Clerks to Senators, to be admitted to the floor, must be regularly appointed and borne upon the rolls of the Secretary of the Senate as such.3 RULE XXXIV REGULATION OF THE SENATE WING OF THE CAPITOL 1. The Senate Chamber shall not be granted for any other purpose than for the use of the Senate; no smoking shall be permitted at any time on the floor of the Senate, or lighted cigars be brought into the Chamber. [34.2] 2. It shall be the duty of the Committee on Rules and Administration to make all rules and regulations respecting such parts of the Capitol, its passages and galleries, including the restaurant and the Senate Office Building, as are or may be set apart for the use of the Senate and its officers, to be enforced under the direction of the Presiding Officer. They shall make such regulations respecting the reporters' galleries of the Senate, together with the adjoining rooms 1 As amended, S. Jour. 762, 48-1, June 13, 1884. 2 As amended, S. Jour. 565, 48-1, Apr. 22, 1884. See also "Regulations Controlling the Admission of Employees of Senators and Senate Committees to the Senate Floor", adopted by the Committee on Rules and Administration on January 25, 1956. (Not contained in Manual.) As amended, S. Jour. 163, 63-2, Mar. 9, 1914. As amended, S. Jour. 173, 80-1, Mar. 28, 1947. See "Rules for Regulation of the Senate Wing," Senate Manual Section [80]. "As amended, S. Jour. 27, 66-2, Dec. 13, 1919. As amended, S. Jour. 259, 76-1, Apr. 25, 1939. and facilities, as will confine their occupancy and use to bona fide reporters for daily newspapers and periodicals, to bona fide reporters of news or press associations requiring telegraph service to their membership, and to bona fide reporters for daily news dissemination through radio, wire, wireless, and similar media of transmission. These regulations shall so provide for the use of such space and facilities as fairly to distribute their use to all such media of news dissemination. RULE XXXV SESSION WITH CLOSED DOORS On a motion made and seconded to close the doors of the Senate, on the discussion of any business which may, in the opinion of a Senator, require secrecy, the Presiding Officer shall direct the galleries to be cleared; and during the discussion of such motion the doors shall remain closed. [35] [Jefferson's Manual, Sec. XVIII. RULE XXXVI [36] EXECUTIVE SESSIONS 1. When the President of the United States shall meet [36.1] the Senate in the Senate Chamber for the consideration of Executive business, he shall have a seat on the right of the Presiding Officer. When the Senate shall be convened by the President of the United States to any other place, the Presiding Officer of the Senate and the Senators shall attend at the place appointed, with the necessary officers of the Senate. 2. When acting upon confidential or Executive busi- [36.2] ness, unless the same shall be considered in open Executive As amended, S. Jour. 428, 50-1, Mar. 6, 1888. [36.3] session, the Senate Chamber shall be cleared of all persons except the Secretary, the Chief Clerk, the Principal Legislative Clerk, the Executive Clerk, the Minute and Journal Clerk, the Sergeant at Arms, the Assistant Doorkeeper, and such other officers as the Presiding Officer shall think necessary; and all such officers shall be sworn to secrecy. On May 2, 1892, the Senate agreed to the following: Resolved, That until otherwise ordered there shall be admitted to the floor of the Senate during Executive sessions such clerks, not exceeding three in number, as may be assigned by the Secretary of the Senate to Executive duties. (S. Ex. Jour. 225, vol. 28, 52-1, May 2, 1892.) 3. All confidential communications made by the President of the United States to the Senate shall be by the Senators and the officers of the Senate kept secret; and all treaties which may be laid before the Senate, and all remarks, votes, and proceedings thereon shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy, or unless the same shall be considered in open Executive session. [Jefferson's Manual, Sec. LII. On Mar. 21, 1885, the Senate agreed to the following: Ordered, That the injunction of secrecy be removed from the following report from the Committee on Rules, viz: The Committee on Rules, to which was referred a question of order raised by the Senator from Maine (Mr. Frye) as to the operation of clause 3, Rule XXXVI, reported that it extends the injunction of secrecy to each step in the consideration of treaties, including the fact of ratification; that no modification of this clause of the rules ought to be made; that the secrecy as to the fact of ratification of a treaty may be of the utmost importance, and ought not to be removed except by order of the Senate, or until it has been made public by proclamation by the President. (S. Ex. Jour. 20, 49 special, Mar. 21, 1885.) On Feb. 8, 1900, the Senate agreed to the following: Ordered, Whenever the injunction of secrecy shall be removed from any part of the proceedings of the Senate in Executive session, or secret legislative session, the order of the Senate removing the same shall be entered by the Secretary in the Legislative Journal as well as in the Executive Journal, and shall be published in the Record. (S. Jour. 131, 56-1, Feb. 8, 1900.) 4. Any Senator or officer of the Senate who shall disclose [36.4] the secret or confidential business or proceedings of the Senate shall be liable, if a Senator, to suffer expulsion from the body; and if an officer, to dismissal from the service of the Senate, and to punishment for contempt. 5.1 Whenever, by the request of the Senate or any com- [36.5] mittee thereof, any documents or papers shall be communicated to the Senate by the President or the head of any department relating to any matter pending in the Senate, the proceedings in regard to which are secret or confidential under the rules, said documents and papers shall be considered as confidential, and shall not be disclosed without leave of the Senate. RULE XXXVII EXECUTIVE SESSION-PROCEEDINGS ON TREATIES [37] 1. When a treaty shall be laid before the Senate for ratifica- [37.1] tion, it shall be read a first time; and no motion in respect to it shall be in order, except to refer it to a committee,2 to print it in confidence for the use of the Senate,2 to remove the injunction of secrecy, or to consider it in open executive session. When a treaty is reported from a committee with or without amendment, it shall, unless the Senate unanimously otherwise direct, lie one day for consideration; after which it may be read a second time and considered as in Committee of the Whole, when it shall be proceeded with by 1 As amended, S. Jour. 320, 58-2, Mar. 31, 1904. As amended, S. Jour. 428, 50-1, Mar. 6, 1888. [37.2] articles, and the amendments reported by the committee shall be first acted upon, after which other amendments may be proposed; and when through with, the proceedings had as in Committee of the Whole shall be reported to the Senate, when the question shall be, if the treaty be amended, "Will the Senate concur in the amendments made in Committee of the Whole?" And the amendments may be taken separately, or in gross, if no Senator shall object; after which new amendments may be proposed.' At any stage of such proceedings the Senate may remove the injunction of secrecy from the treaty, or proceed with its consideration in open executive session. The decisions thus made shall be reduced to the form of a resolution of ratification, with or without amendments, as the case may be, which shall be proposed on a subsequent day, unless, by unanimous consent, the Senate determine otherwise; at which stage no amendment shall be received unless by unanimous consent. On the final question to advise and consent to the ratification in the form agreed to, the concurrence of two-thirds of the Senators present shall be necessary to determine it in the affirmative; but all other motions and questions upon a treaty shall be decided by a majority vote, except a motion to postpone indefinitely, which shall be decided by a vote of two-thirds. 2. Treaties transmitted by the President to the Senate for ratification shall be resumed at the second or any subsequent session of the same Congress at the stage in which they were left at the final adjournment of the session at which they were transmitted; but all proceedings on treaties shall termi 1 As amended, S. Jour. 428, 50-1, Mar. 6, 1888. |