Motions Relating to Executive Session, Held Out of Order:

A motion that the Senate proceed to the consideration of executive business at a future time is not in order.30

A motion in executive session that when a nomination under consideration was disposed of, the Senate proceed to consider a resolution relating to membership in the world court, then pending before a committee, was held not to be in order. 31

During the consideration in executive session of a resolution relating to the World Court, a motion to adopt a resolution, submitted on the same legislative day, calling on the Secretary of State for certain related documents, was conceded to be out of order.32

Nominations:

Nominations are considered in executive session. For details on consideration of, see "Nominations," pp. 552-565. Open Sessions:

The rule relating to proceedings on nominations was amended in 1929 so as to provide for the transaction of all business of the Senate in open session unless otherwise ordered.33

Petitions:

Petitions relating to executive business should be presented in executive and not legislative session."

Quorum:

A motion to consider executive business is considered as business for purpose of a quorum. See "Quorum,” pp. 630– 661.

Reading of Executive Proceedings in Legislative Session:

Reading of certain executive proceedings in legislative session is out of order. See "Executive Business in Legislative Session Out of Order," pp. 527–528.

Recess Business Following a Recess of Senate:

When the Senate convenes following a recess, the unfinished or pending business, be it in executive or legislative session, comes down automatically.35

A motion pending at the time the Senate takes a recess in executive session is the pending business when the Senate next meets.36

Reference:

References of nominations and treaties should be made in executive session and reference on days when there is no executive session should be made by unanimous consent as in executive session.37

Resolution of Ratification-Lie Over One Day:

See "Treaties," pp. 819-831.

Resolutions on Executive Business:

Resolutions to discharge committees from nominations go "over under the rule" on objection. See "Discharge of Committee Before Consideration of," pp. 556–557.

Treaties:

Treaties are considered in executive session. For details on consideration of, see "Treaties," pp. 819-831.

Unanimous Consent Not Required:

A motion that the Senate go into executive session to consider the Executive Calendar is not subject to an objection by a Senator.38

Unfinished Business:

The Senate can have no unfinished executive business in the sense that it has unfinished legislative business, which is laid down at 2 o'clock following the Morning Hour."

Veto Message:

39

The Chair in 1919, ruled that a House message on a vetoed bill could be laid before the Senate while in executive ses

See Sept. 25, 1968, 90-2, Record, pp. 28111-12.

30 Rule XXII; see also Mar. 16, 1945, 79-1, Record, pp. 2348-49.

37 Jan. 6, 1936, 74–2, Journal, pp. 18-19.

38 See June 20, 1962, 87-2, Record, p. 11085.

sion, but declined to rule at that time whether or not action thereon could be taken without a return to legislative session; the Senate subsequently returned to legislative session, when the message was laid before the Senate and the reconsideration of the bill proceeded with."

Vote:

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."1

EXECUTIVE DAY

For definition of, see "Day," pp. 381-383.

EXECUTIVE DEPARTMENTS, INQUIRIES FROM

See "Departmental Inquiries," p. 450.

EXPENDITURE RESOLUTIONS

See "Investigations and Inquiries," pp. 507–512.

EXPULSION OF SENATORS

"Each House may

*

punish its Members for disorderly behavior, and, with the concurrence of two-thirds, expel a Member." 42

The Senate, in 1919, acted unfavorably upon a petition of the Minnesota Commission of Public Safety for the expulsion of Senator Robert M. La Follette, of Wisconsin.43 William Blount of Tennessee was the first Senator to be expelled from the Senate, such action having been taken on July 8, 1797; during the Civil War period, a number of Senators, mostly Southern, were expelled, but the Senate has not seen fit to utilize that power since the Civil War.

40 Oct. 28, 1919, 66-1, Record, pp. 7619, 7620.

41 May 21, 1929, 71-1, Record, p. 1598.

42

Art. I, sec. 5, subsec. 2.

Dec. 2, 1918, 65-3, Journal, p. 8, Record, p. 9; Jan. 16, 1919, 65-3, Journal, p. 81, Record, p. 1527.

FEDERAL PAY INCREASES

See "Pay Increases," pp. 591-592.

FINANCIAL DISCLOSURE

Financial disclosure is required by candidates for the Senate and officers and employees of the Senate paid in excess of $15,000 as set forth in Rule XLIV:

Rule XLIV

[Financial Disclosure Required]

1. Each Senator or person who has declared or otherwise made known his intention to seek nomination or election, or who has filed papers or petitions for nomination or election, or on whose behalf a declaration or nominating paper or petition has been made or filed, or who has otherwise, directly or indirectly, manifested his intention to seek nomination or election, pursuant to State law, to the office of United States Senator, and each officer or employee of the Senate who is compensated at a rate in excess of $15.000 a year, shall file with the Comptroller General of the United States, in a sealed envelope marked "Confidential Personal Financial Disclosure of ", before the 15th day of May

(Name)

in each year, the following reports of his personal financial interests: (a) a copy of the returns of taxes, declarations, statements, or other documents which he, or he and his spouse jointly, made for the preceding year in compliance with the income tax provisions of the Internal Revenue Code;

(b) the amount or value and source of each fee or compensation of $1,000 or more received by him during the preceding year from a client:

(c) the name and address of each business or professional corporation, firm, or enterprise in which he was an officer, director, partner, proprietor, or employee who received compensation during the preceding year and the amount of such compensation;

(d) the identity of each interest in real or personal property having a value of $10,000 or more which he owned at any time during the preceding year;

(e) the identity of each trust or other fiduciary relation in which he held a beneficial interest having a value of $10,000 or more, and the identity if known of each interest of the trust or other fiduciary relation in real or personal property in which the Senator, officer, or employee held a beneficial interest having a value of $10,000 or more, at any time during the preceding year. If he cannot obtain the identity of the fiduciary interests, the Senator, officer, or employee shall request the fiduciary to report that information to the Comptroller General in the same manner

(f) the identity of each liability of $5,000 or more owed by him, or by him and his spouse jointly, at any time during the preceding year; and

(g) the source and value of all gifts in the aggregate amount or value of $50 or more from any single source received by him during the preceding year.

2. Except as otherwise provided by this section, all papers filed under section 1 of this rule shall be kept by the Comptroller General for not less than seven years, and while so kept shall remain sealed. Upon receipt of a resolution of the Select Committee on Standards and Conduct, adopted by a recorded majority vote of the full committee, requesting the transmission to the committee of any of the reports filed by any individual under section 1 of this rule, the Comptroller General shall transmit to the committee the envelopes containing such reports. Within a reasonable time after such recorded vote has been taken, the individual concerned shall be informed of the vote to examine and audit, and shall be advised of the nature and scope of such examination. When any sealed envelope containing any such report is received by the committee, such envelope may be opened and the contents thereof may be examined only by members of the committee in executive session. If, upon such examination, the committee determines that further consideration by the committee is warranted and is within the jurisdiction of the committee, it may make the contents of any such envelope available for any use by any member of the committee, or any member of the staff of the committee, which is required for the discharge of his official duties. The committee may receive the papers as evidence, after giving to the individual concerned due notice and opportunity for hearing in a closed session. The Comptroller General shall report to the Select Committee on Standards and Conduct not later than the 1st day of June in each year the names of Senators, officers, and employees who have filed a report. Any paper which has been filed with the Comptroller General for longer than seven years, in accordance with the provisions of this section, shall be returned to the individual concerned or his legal representative. In the event of the death or termination of service of a Member of the Senate, an officer or employee, such papers shall be returned unopened to such individual, or to the surviving spouse or legal representative of such individual within one year of such death or termination of service. 3. Each Senator or person who has declared or otherwise made known his intention to seek nomination or election, or who has filed. papers or petitions for nomination or election, or on whose behalf a declaration or nominating paper or petition has been made or filed, or who has otherwise, directly or indirectly, manifested his intention to seek nomination or election, pursuant to State law, to the office of United States Senator, and each officer or employee of the Senate who is compensated at a rate in excess of $15,000 a year, shall file with the Secretary of the Senate, before the 15th day of May in each year, the following reports of his personal financial interests:

(a) the accounting required by rule XLII for all contributions received by him during the preceding year, except that contributions in the aggregate amount or value of less than $50 received from any single source during the reporting period may be totaled without further itemization; and