CERTIFICATE OF ELECTIONS

See "Credentials and Oath of Office," pp. 365–379.

CHAIR

See "President Pro Tempore," pp. 618-622; "Presiding Officer," pp. 623-625; "Vice President," pp. 880-884.

CHAIRMEN OF COMMITTEES

See "Committee Memberships and Their Selections," pp. 235-238.

CHARTS ALLOWED ON SENATE FLOOR

There is no rule as to the display of exhibits or charts. The Chair in 1967, however, stated in response to a parliamentary inquiry that any Senator wishing to display exhibits during the course of a presentation or debate could take up this matter with the Sergeant at Arms to determine whether or not space was available for such a display of exhibits.' 1Nov. 21, 1967, 90-1, Record, p. 33527.

CLOSED DOORS

On a motion of any Senator, seconded by another, to close the doors of the Senate for the discussion of any business which he deems to require secrecy, the Chair "shall direct the Galleries to be closed; and during the discussion of such motion, the doors shall remain closed."

Whether or not the Senate then shall remain in closed session will be determined behind closed doors.

The precedents and rules of the Senate, as stated by the Presiding Officer on different occasions, provide that any action taken in a closed session is confidential, and that means that it is secret. It can be divulged only by special affirmative action by the Senate membership, or by a majority vote of the Senate.

Under section 2 of Rule XXXVI, when acting on confidential or executive business, unless the same shall be considered in open executive 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, which always includes the Parliamentarian.

Under recent practices, the word "assistant doorkeeper" as used in the rule, has been expanded to include the majority and minority secretaries.

Rule XXXVI, Paragraph 4, provides that "Any Senator or officer of the Senate who shall disclose the secret or confidential business or proceedings of the Senate shall be liable, if a Senator, to suffer explusion from the body; and if an officer, to dismissal from the service of the Senate, and to punishment for contempt."

Under the precedents of the Senate, as ruled by the Chair, "closed sessions are called for under Rule 35 and proceedings of closed sessions are controlled in part by Rules 35 and 36."

The Presiding Officer has reminded the Senate that under the rules and precedents in a closed session the entire proceedings are secret; a Senator, at any later date, may comment on the general nature of the subjects discussed in closed session but these comments may in no way refer specifically to what was transacted therein, unless or until the Senate, by a majority vote, releases the injunction of secrecy on those proceedings. Continuing, he stated that it is not in order for any Senator to divulge any specifics discussed therein, "or which Senator said what, or what proceedings took place, or how any Senator voted, unless there is specific affirmative action by the Senate to remove that injunction."

202

Rule XXXV

[Closed Sessions of Senate]

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.

Rule XXXVI, Paragraphs 2 and 4

[Persons Entitled to Floor in Closed Session]

2. When acting upon confidential or Executive business, unless the same shall be considered in open Executive session, the Senate Chamber shall be cleared of all persons except the Secretary, the Ch. f 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.

[Penalty for Disclosing Information]

4. Any Senator or officer of the Senate who shall disclose 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.

Closed Session-Privileged Motion:

A motion to close the doors under Rule XXXV is privileged and not debatable.1

A motion to close the doors under Rule XXXV, when made and seconded during the discussion of business which in the opinion of a Senator requires secrecy, may be made over the objection of the Senator in possession of the floor," even to the extent of taking the Senator from the floor against his consent.3

A closed session, under Rule XXXV, can be invoked simply by a motion and a second, and the question is not debatable. Once the Senate goes into closed session, it may then determine whether it stays in closed session.*

1 June 10, 1884, 48-1, Record, p. 4959; June 11, 1884, 48-1, Record, pp. 5000-01. The Chair in the closed session of May 4, 1972, enumerated the number of closed sessions in recent years. See May 4, 1972, 92-2, Record, p. 15965.

'Feb. 6, 1903, 57-2, Record, p. 1780; Jan. 15, 1912, 62-2, Record, pp. 942-43; Feb. 6, 1917, 64-2, Record, p. 2667; see Apr. 25, 1972, 92-2, Record, p. 14094. Jan. 15, 1912, 62–2, Journal, p. 79, Record, pp. 942, 943.

*See May 2, 1972, 92-2, Record, p. 15308; May 4, 1972, 92-2, Record, p. 15971.

Under Rule XXXV, any Senator may move to go into closed session, and if seconded by another Senator, the rule is automatic.5

When a motion is made to close the doors under Rule XXXV, and seconded, a parliamentary inquiry is not in order nor is an appeal from the decision of the Chair; the application and enforcement of the rule are automatic and the galleries must be cleared."

A motion to close the doors for secret legislative business precludes an explanation therefor. Any explanation should be made before the motion is made,' but on May 2, 1972, the Presiding Officer entertained a point of order only long enough to answer and then order the galleries closed.

A Senator has a right to have read, or he may read, a resolution submitted by him, but any Senator, if he deems the matter one requiring secrecy, may, under the rule, interrupt such a reading to move that the doors be closed."

Closed Session-Procedure by Chair:

Form of statement by Chair after motion had been made and seconded to go into closed session under Rule XXXV on July 14, 1966 is as follows:

"The motion having been made and seconded that the Senate go into closed session, the Chair, pursuant to Rule XXXV, now directs the Sergeant at Arms to clear the galleries and to close the doors and that all officials of the Senate not cleared for secrecy be excluded."

Closed Session-Proceedings Under:

Closed sessions are called for under Rule XXXV and proceedings in closed sessions are controlled in part by Rules XXXV and XXXVI.10

Closed Session-When Adjourn in:

If the Senate adjourns in closed session, it will return the next day in closed session."

5 See July 9, 1969, 91-1, Record, pp. 18856–57.

6 See Aug. 14, 1958, 85-2, Record, pp. 17601-03; Aug. 16, 1958, 85-2, Record, pp. 18026-28; for details on closed session of July 14, 1966-the edited version— see Record of July 27, 1966, pp. 16581–602.

7 June 26, 1942, 77-2, Record, p. 5614.

8 See May 2, 1972, 92-2, Record, p. 15308; May 4, 1972, 92-2, Record, p. 15971. Mar. 17, 1905, 59-Special Session, Record, p. 19.

9

10

July 14, 1966, 89–2, Record, pp. 15677–98.

Definition of Secrecy in Closed Sessions:

In a closed session the entire proceedings are secret; a Senator, at a later date, may comment on the nature of the subjects discussed in closed session but these comments may in no way refer to what was transacted in the closed session unless the Senate, by a majority vote, releases the injunction of secrecy on these proceedings.'

12

It is not in order, under the closed session rule, for any Senator to divulge the details of the subject matter discussed therein, or which Senator said what, or what proceedings took place, or how any Senator voted, unless there is specific affirmative action by the Senate to remove that injunction.13

Executive Business:

A motion to print in the Congressional Record a yea and nay vote on a nomination in closed session can only be made in executive session.11

Open Session-Return to:

When in closed session, a motion to return to open session is in order and not debatable.15

Persons Entitled to Floor Privilege:

Rule XXXVI, paragraph 2, sets forth persons entitled to the privilege of the floor of the Senate during a closed session, which also authorizes admission of "other officers as the Presiding Officer shall think necessary."" All persons are sworn to secrecy. Additional personnel may attend by unanimous consent.

Secrecy Injunction Lifted:

18

19

If a motion is made to make public the proceedings of two closed sessions, that question is divisible, but a motion to make public the proceedings in a closed session would be in order based on earlier practices of the Senate.20

18

See May 2, 1972, 92–2, Record, p. 15298.

July 9, 1969, 91-1, Record, p. 18857; July 14, 1966, 89-2, Record, pp. 15677–98. 17 July 9, 1969, 91-1, Record, p. 18857.

18 May 2, 1972, 92–2, Record, p. 15297.

19

July 9, 1969, 91-1, Record, p. 18857.

20 'ee May 2, 1972, 92-2, Record, p. 15301; May 4, 1972, 92-2, Record, p. 15968.