AMENDING THE RULES OF THE SENATE RELATING TO OPEN COMMITTEE MEETINGS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800030005-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 9, 2016
• Document Release Date: September 2, 2001
• Sequence Number: 5
• Publication Date: September 12, 1975
• Content Type: OPEN

Approved For Relea-%a p11001 44R000800030005-9
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Calendar No. 375
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94TH CONGRESS SENATE REPORT
1st Session No. 94-382
AMENDING THE RULES OF TIE SENATE RELATING TO
OPEN COMMITTEE MEETINGS
Mr. CANNON, from the Committee on Rules and Administration,
submitted the following
REPORT
The Committee on Rules and Administration to which was referred
the resolution (S. Res. 9), amending the rules of the Senate relating
to open committee meetings, having considered the same, reports fa-
vorably thereon with an amendment in the nature of a substitute and
unanimously recommends that the resolution as amended be agreed to.
The Committee reported this resolution instead of the proposed rule
changes embodied in Title I of S. 5 (which had previously been re-
ported by the Committee on Government Operations, with an amend-
ment in the nature of a substitute, and then by unanimous consent
referred to the Committee on Rules and Administration for its con-
sideration of Title I, because Title I of S. 5 concerned itself with
Senate pprocedure, and partially with house procedure) .
The Constitution, Article , Section 5, provides in part that "Each
House may determine the Rules of its Proceedings." Thus, the Com-
mittee took action on this resolution since the problem can well be
handled in the Senate by simple resolution, obviating any necessity
for the House of Representatives or the President of the United States
of approving or disapproving changes in Senate rules-a right given
solely to the Senate by the Constitution.
The form in which this resolution is recommended to the Senate for
adoption emphasizes the responsibility of standing committees and
subcommittees thereof to conduct their business in open session but,
at the same time, reserves to each committee-which obviously is in a
better position to know best what the public; interest and the obliga-
tions of the committee to the public arc-the right on any particular
occasion to make decisions to accomplish such ends. Any Committee
meeting at the conimencenient of a new Congress to adopt or to change
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its rules relative to closed or opeir sessions would convene in open
session, and could go into closed session only by vote of the Committee.
If a committee, does not adopt special rules with regard to such
procedure after a new Congress has convened rind the membership
thereof has been appointed, it would have to begin any of its meetings
in open session and make its determinations to go into closed session
for any desired purpose.
Any committee which has jurisdiction of legislation, or of any other
matter of a sensitive nature relative to confidentiality or secrecy could
adopt particular rules of procedure with regard to lrow its meetings
were to be conducted, particularly whether they were to be open or
closed. This is significant because if a given proposal under considera-
tion is of an extremely sensitive nature and the committee has to debate
in open session whether or not it. is to go into closed session, it could
expose such critical information that there would then be no purpose
for going into closed session.
All of the work of some committees might well be transacted in open
session successfully in which case they would be free to adopt such
procedures at the commencement of a new Congress. The work of other
committees, because of the nature of the proposed legislation before
them for action-as, in the case of the Committee on Armed Services,
the Committee on Foreign Relations, and the Committee on Appro-
priations-would have need for closed sessions for certain purposes
which the Senate may not now be able to anticipate. This resolution
as reported would give committees handling such sensitive matters,
particularly national security and rights of witnesses, the right to
prescribe procedures best fitted to meet their own situation.
It should be emphasized that any rules adopted by any committee
at the coinmenceinent of a new Congress would be acted on by the
membership of that current Conmmittee, giving each new membership
of a Committee all opportunity to pass on the kind of procedure it
would prefer.
Select and special committees were ommitted from this resolution
because it is impossible for the Senate now to ainti