III

103D CONGRESS

2D SESSION S. RES. 229

Authorizing oversight hearings by the Committee on Banking, Housing, and

Urban Affairs.

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, JUNE 7), 1994

Mr. MITCHELL submitted the following resolution; which was ordered to be

placed on the calendar

JUNE 21 (legislative day, JUNE 7), 1994

Considered and agreed to

RESOLUTION

Authorizing oversight hearings by the Committee on

Banking, Housing, and Urban Affairs.

1 Resolved,

2 SECTION 1. SCOPE OF THE HEARINGS.

3 The Committee on Banking, Housing, and Urban Af4 fairs (referred to as the ‘‘committee’’) shall—

5 (1) conduct hearings into whether improper

6 conduct occurred regarding—

7 (A) communications between officials of

8 the White House and the Department of the

9 Treasury or the Resolution Trust Corporation
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1 relating to the Whitewater Development Cor2 poration and the Madison Guaranty Savings

3 and Loan Association;

4 (B) the Park Service Police investigation

5 into the death of White House Deputy Counsel

6 Vincent Foster; and

7 (C) the way in which White House officials

8 handled documents in the office of White House

9 Deputy Counsel Vincent Foster at the time of

10 his death; and

11 (2)(A) make such findings of fact as are war12 ranted and appropriate;

13 (B) make such recommendations, including rec14 ommendations for new legislation and amendments

15 to existing laws and any administrative or other ac16 tions, as the committee may determine to be nec17 essary or desirable; and

18 (C) fulfill the Constitutional oversight and in19 forming function of the Congress with respect to the

20 matters described in this section.

21 The hearings authorized by this resolution shall begin on

22 a date determined by the Majority Leader, in consultation

23 with the Minority Leader, but no later than the earlier

24 of July 29, 1994, or within 30 days after the conclusion
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1 of the first phase of the independent counsel’s investiga2 tion.

3 SEC. 2. MEMBERSHIP, ORGANIZATION, AND JURISDICTION

4 OF THE COMMITTEE FOR PURPOSES OF THE

5 HEARINGS.

6 (a)(1) For the sole purpose of conducting the hear7 ings authorized by this resolution, the committee shall

8 consist of—

9 (A) the members of the Committee on Banking,

10 Housing, and Urban Affairs, who shall, in serving as

11 members of the committee, reflect the legislative and

12 oversight interests of other committees of the Senate

13 with a jurisdictional interest (if any) in the hearings

14 authorized in paragraph (1) of section 1 as provided

15 in subparagraph (B);

16 (B)(i) Senator Kerry and Senator Bond from

17 the Committee on Small Business;

18 (ii) Senator Riegle and Senator Roth from the

19 Committee on Finance;

20 (iii) Senator Shelby and Senator Domenici from

21 the Subcommittee on Public Lands, Parks, and For22 ests of the Committee on Energy and Natural Re23 sources;

24 (iv) Senator Moseley-Braun from the Commit25 tee on the Judiciary; and
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1 (v) Senator Sasser and Senator Roth from the

2 Permanent Subcommittee on Investigations; and

3 (C) the ranking member of the Committee on

4 the Judiciary who shall serve for purposes of consid5 ering matters within the jurisdiction of the Commit6 tee on the Judiciary, but shall not serve as a voting

7 member of the committee.

8 (2) For the purpose of paragraph 4 of rule XXV of

9 the Standing Rules of the Senate, service of the ranking

10 member of the Committee on the Judiciary as a member

11 of the committee shall not be taken into account.

12 (b) The jurisdiction of the committee shall encompass

13 the jurisdiction of the committees and subcommittees list14 ed in subsection (a)(1)(B), to the extent, if any, pertinent

15 to the hearings authorized by this resolution.

16 (c) A majority of the members of the committee shall

17 constitute a quorum for reporting a matter or rec18 ommendation to the Senate, except that the committee

19 may fix a lesser number as a quorum for the purpose of

20 taking testimony before the committee or for conducting

21 the other business of the committee as provided in para22 graph 7 of rule XXVI of the Standing Rules of the Senate.

23 SEC. 3. ADDITIONAL STAFF FOR THE COMMITTEE.

24 (a) The committee, through the chairman, may re25 quest and use, with the prior consent of the chairman of
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1 any committee or subcommittee listed in section

2 2(a)(1)(B), the services of members of the staff of such

3 committee or subcommittee.

4 (b) In addition to staff provided pursuant to sub5 section (a) and to assist the committee in its hearings,

6 the chairman may appoint and fix the compensation of

7 additional staff.

8 SEC. 4. PUBLIC ACTIVITIES OF THE COMMITTEE.

9 (a) Consistent with the rights of persons subject to

10 investigation and inquiry, the committee shall make every

11 effort to fulfill the right of the public and the Congress

12 to know the essential facts and implications of the activi13 ties of officials of the United States Government with re14 spect to the matters covered by the hearings as described

15 in section 1.

16 (b) In furtherance of the public’s and Congress’ right

17 to know, the committee—

18 (1) shall hold, as the chairman (in consultation

19 with the ranking member) considers appropriate and

20 in accordance with paragraph 5(b) of rule XXVI of

21 the Standing Rules of the Senate, open hearings

22 subject to consultation and coordination with the

23 independent counsel appointed pursuant to title 28,

24 parts 600 and 603, of the Code of Federal Regula25 tions (referred to as the ‘‘independent counsel’’);
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1 (2) may make interim reports to the Senate as

2 it considers appropriate; and

3 (3) shall, in order to accomplish the purposes

4 set forth in subsection (a), make a final comprehen5 sive public report to the Senate of the findings of

6 fact and any recommendations specified in para7 graph (2) of section 1.

8 SEC. 5. POWERS OF THE COMMITTEE.

9 (a) The committee shall do everything necessary and

10 appropriate under the laws and Constitution of the United

11 States to conduct the hearings specified in section 1.

12 (b) The committee is authorized to exercise all of the

13 powers and responsibilities of a committee under rule

14 XXVI of the Standing Rules of the Senate and section

15 705 of the Ethics in Government Act of 1978 (2 U.S.C.

16 288d), including the following:

17 (1) To issue subpoenas or orders for the attend18 ance of witnesses or for the production of documen19 tary or physical evidence before the committee. A

20 subpoena may be authorized by the committee or by

21 the chairman with the agreement of the ranking

22 member and may be issued by the chairman or any

23 other member designated by the chairman, and may

24 be served by any person designated by the chairman

25 or the authorized member anywhere within or with-
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1 out the borders of the United States to the full ex2 tent permitted by law. The chairman of the commit3 tee, or any other member thereof, is authorized to

4 administer oaths to any witnesses appearing before

5 the committee.

6 (2) Except that the committee shall have no au7 thority to exercise the powers of a committee under

8 section 6005 of title 18, United States Code for im9 munizing witnesses.

10 (3) To procure the temporary or intermittent

11 services of individual consultants, or organizations

12 thereof.

13 (4) To use on a reimbursable basis, with the

14 prior consent of the Government department or

15 agency concerned, the services of personnel of such

16 department or agency.

17 (5) To report violations of any law to the ap18 propriate Federal, State, or local authorities.

19 (6) To expend, to the extent the committee de20 termines necessary and appropriate, any money

21 made available to such committee by the Senate to

22 conduct the hearings and to make the reports au23 thorized by this resolution.

24 (7) To require by subpoena or order the attend25 ance, as witnesses, before the committee or at depo-
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1 sitions, any person who may have knowledge or in2 formation concerning matters specified in section

3 1(1).

4 (8) To take depositions under oath anywhere

5 within the United States, to issue orders by the

6 chairman or his designee which require witnesses to

7 answer written interrogatories under oath, and to

8 make application for issuance of letters rogatory.

9 (9) To issue commissions and to notice deposi10 tions for staff members to examine witnesses and to

11 receive evidence under oath administered by an indi12 vidual authorized by law to administer oaths. The

13 committee, acting through the chairman, may dele14 gate to designated staff members the power to au15 thorize and issue commissions and deposition no16 tices.

17 (c)(1) Subject to the provisions of paragraph (2), the

18 committee shall be governed by the rules of the Committee

19 on Banking, Housing, and Urban Affairs, except that the

20 committee may modify its rules for purposes of the hear21 ings conducted under this resolution. The committee shall

22 cause any such amendments to be published in the Con23 gressional Record.

24 (2) The committee’s rules shall be consistent with the

25 Standing Rules of the Senate and this resolution.
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1 SEC. 6. RELATION TO OTHER INVESTIGATIONS.

2 In order to—

3 (1) expedite the thorough conduct of the hear4 ings authorized by this resolution;

5 (2) promote efficiency among all the various in6 vestigations underway in all branches of the United

7 States Government; and

8 (3) engender a high degree of confidence on the

9 part of the public regarding the conduct of such

10 hearing,

11 the committee is encouraged—

12 (A) to obtain relevant information concerning

13 the status of the independent counsel’s investigation

14 to assist in establishing a hearing schedule for the

15 committee; and

16 (B) to coordinate, to the extent practicable, its

17 activities with the investigation of the independent

18 counsel.

19 SEC. 7. SALARIES AND EXPENSES.

20 Senate Resolution 71 (103d Congress) is amended—

21 (1) in section 2(a) by striking ‘‘$56,428,119’’

22 and inserting ‘‘$56,828,119’’; and

23 (2) in section 6(c) by striking ‘‘$3,220,767’’

24 and inserting ‘‘$3,620,767’’.
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1 SEC. 8. REPORTS; TERMINATION.

2 (a) The committee shall make the final public report

3 to the Senate required by section 4(b) not later than the

4 end of the 103d Congress.

5 (b) The final report of the committee may be accom6 panied by whatever confidential annexes are necessary to

7 protect confidential information.

8 (c) The authorities granted by this resolution shall

9 terminate 30 days after submission of the committee’s

10 final report. All records, files, documents, and other mate11 rials in the possession, custody, or control of the commit12 tee shall remain under the control of the regularly con13 stituted Committee on Banking, Housing, and Urban Af14 fairs.

15 SEC. 9. COMMITTEE JURISDICTION AND RULE XXV.

16 The jurisdiction of the committee is granted pursuant

17 to this resolution notwithstanding the provisions of para18 graph 1 of rule XXV of the Standing Rules of the Senate

19 relating to the jurisdiction of the standing committees of

20 the Senate.

21 SEC. 10. COMMITTEE FUNDING AND RULE XXVI.

22 The supplemental authorization for the committee is

23 granted pursuant to this resolution notwithstanding the

24 provisions of paragraph 9 of rule XXVI of the Standing

25 Rules of the Senate.
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1 SEC. 11. ADDITIONAL HEARINGS.

2 (a) In the fulfillment of the Senate’s constitutional

3 oversight role, additional hearings on the matters identi4 fied in the resolution passed by the Senate by a vote of

5 98–0 on March 17, 1994, should be authorized as appro6 priate under, and in accordance with, the provisions of

7 that resolution.

8 (b) Any additional hearings should be structured and

9 sequenced in such a manner that in the judgment of the

10 two leaders they would not interfere with the ongoing in11 vestigation of Special Counsel Robert B. Fiske, Jr.

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