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.) [36.4] 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. [36.5] [37] [37.1] 5.' Whenever, by the request of the Senate or any committee 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 1. When a treaty shall be laid before the Senate for ratification, 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 As amended, S. Jour. 320, 58-2, Mar. 31, 1904. 'As amended, S. Jour. 428, 50-1 Mar. 6, 1888. it may be read a second time and considered as in Committee of the Whole, when it shall be proceeded with by 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 [37.2] ratification shall be resumed at the second or any subsequent session of the same Congress at the stage in which they were 1 As amended, S. Jour. 428, 50-1, Mar. 6, 1888. left at the final adjournment of the session at which they were transmitted; but all proceedings on treaties shall terminate with the Congress, and they shall be resumed at the commencement of the next Congress as if no proceedings had previously been had thereon. [37.3] 3. All treaties concluded with Indian tribes shall be considered and acted upon by the Senate in its open or legislative session, unless the same shall be transmitted by the President to the Senate in confidence, in which case they shall be acted upon with closed doors. [38] RULE XXXVIII [Jefferson's Manual, Sec. LII. [38.1] [38.2] EXECUTIVE SESSION-PROCEEDINGS ON NOMINATIONS 1. When nominations shall be made by the President of the United States to the Senate, they shall, unless otherwise ordered, be referred to appropriate committees; and the final question on every nomination shall be, "Will the Senate advise and consent to this nomination?" which question shall not be put on the same day on which the nomination is received, nor on the day on which it may be reported by a committee, unless by unanimous consent. 2.' Hereafter all business in the Senate shall be transacted in open session, unless the Senate in closed session by a majority vote shall determine that a particular nomination, treaty, or other matter shall be considered in closed executive session, in which case all subsequent proceedings with respect to said nomination, treaty, or other matter shall be kept secret: Provided, That the injunction of secrecy as to the whole or any part of proceedings in closed executive session may be removed on motion adopted by a majority 1 As amended, S. Jour. 122, 71-7, June 17, 1929. vote of the Senate in closed executive session: Provided further, That rule XXXV shall apply to open executive session: And provided further, That any Senator may make public his vote in closed executive session. Anything in the rules of the Senate inconsistent with the foregoing is hereby repealed. 3. When a nomination is confirmed or rejected, any [38.3] Senator voting in the majority may move for a reconsideration on the same day on which the vote was taken, or on either of the next two days of actual executive session of the Senate; but if a notification of the confirmation or rejection of a nomination shall have been sent to the President before the expiration of the time within which a motion to reconsider may be made, the motion to reconsider shall be accompanied by a motion to request the President to return such notification to the Senate. Any motion to reconsider the vote on a nomination may be laid on the table without prejudice to the nomination, and shall be a final disposition of such motion. 4. Nominations confirmed or rejected by the Senate shall [38.4] not be returned by the Secretary to the President until the expiration of the time limited for making a motion to reconsider the same, or while a motion to reconsider is pending unless otherwise ordered by the Senate. 5. When the Senate shall adjourn or take a recess for [38.5] more than thirty days, all motions to reconsider a vote upon a nomination which has been confirmed or rejected by the Senate, which shall be pending at the time of taking such adjournment or recess, shall fall; and the Secretary shall return all such nominations to the President as confirmed or rejected by the Senate, as the case may be. [38.6] [39] 6. Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President. On Dec. 16, 1885, the Senate agreed to the following: Resolved, All nominations to office shall be prepared for the printer by the Official Reporter, and printed in the Record, after the proceedings of the day in which they are received, also nominations recalled, and confirmed. (S. Ex. Jour., vol. 25, 197, 49-1, Dec. 16, 1885.) On Dec. 17, 1885, the Senate agreed to the following: Ordered, The Secretary shall furnish the Official Reporters with a list of nominations to office after the proceedings of the day on which they are received, and a like list of all confirmations and rejections. (S. Ex. Jour., vol. 25, 237, 49-1, Dec. 17, 1885.) On May 2, 1894, the Senate agreed to the following: Resolved, The Secretary shall furnish to the press, and to the public upon request, the names of nominees confirmed or rejected on the day on which a final vote shall be had, except when otherwise ordered by the Senate. (S. Ex. Jour. 629, vol. 29, part 1, 53-2, May 2, 1894.) RULE XXXIX THE PRESIDENT FURNISHED WITH COPIES OF RECORDS OF EXECUTIVE SESSIONS The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records of the Senate, but no further extract from the Executive Journal shall be furnished by the Secretary, except by special order of the Senate; and no paper, |