The United States Senate has the authority for meeting in closed session, as described in the Standing Rules of the Senate.
The Continental Congress and Constitutional Convention met in secret. The Senate met in secret until 1794. The Senate’s executive sessions (such as nominations and treaties) were not opened until 1929.
Standing Senate Rules XXI, XXIX, and XXXI cover secret sessions for legislative and executive business (nominations and treaties). Rule XXIX calls for Senate consideration of treaties to be conducted in secret unless a majority votes to lift the “injunction of secrecy,” which it usually does. Rule XXXI mandates that all nominations be considered in open session unless the Senate votes to do so in secret. Rule XXI calls for the Senate to close its doors once a motion is made and seconded. The motion is not debatable, and its disposition is made behind closed doors. All of a chamber’s normal rules of debate apply during secret sessions, except during impeachment deliberations in the Senate.
For Senate impeachment proceedings, Rules XX and XXIV of the Senate Rules for Impeachment Trials govern secret deliberations. The Senate has interpreted these rules to require closed deliberations during impeachment trials.
The proceedings of a secret session are not published unless the Senate votes, during the meeting or at a later time, to release them. Then, those portions released are printed in the Congressional Record. If the Senate does not approve release of a secret session transcript, the transcript is stored in the Office of Senate Security and ultimately sent to the National Archives and Records Administration. The proceedings remain sealed until the Senate votes to remove the injunction of secrecy.
These sessions have been held 57 times since 1929. The following is a full list of those sessions, along with their dates and the reasons they were called:
ReasonDate(s)Discussion of the Amy Coney Barrett Supreme Court nominationOctober 23, 2020Ratification of the New START Treaty December 20, 2010Impeachment trial of G. Thomas Porteous Jr. (final deliberation on verdict) December 7, 2010 (5:45pm – 7:56pm).The Plame affair and the Bush administration's role in pre-Iraq War intelligence (during debate on Deficit Reduction Omnibus Reconciliation Act of 1995)November 1, 2005 (2:25pm – 4:43pm).Impeachment trial of President Bill Clinton (final deliberation on verdict)February 9, 10, 11, 12, 19991:52pm-6:52pm on February 9 (-S1388), 10:16am-6:21pm on February 10 (), 10:11am-7:00pm on February 11 (), 9:44am-12:04pm on February 12 ().Impeachment trial of President Bill Clinton (debate on motion to subpoena witnesses)January 26, 1999 (4:29pm – 8:01pm)Impeachment trial of President Bill Clinton (debate on motion to dismiss articles of impeachment)January 25, 1999 (5:50pm – 9:51pm)Chemical Weapons Convention April 24, 1997 Most favored nation status for People's Republic of ChinaFebruary 25, 1992Impeachment trial of Judge Walter NixonNovember 2, 1989Impeachment trial of Judge Alcee HastingsMarch 16 & October 19, 1989Intermediate-Range Nuclear Forces TreatyMarch 29, 1988Impeachment trial of Judge Harry E. ClaiborneOctober 7 (two sessions), 8 & 9, 1986Defense Authorization Bill, ASATJune 12, 1984Soviet Union arms control complianceFebruary 1, 1984U.S. support of the Contras in NicaraguaApril 26, 1983Nominations of Richard Burt and Richard McCormackFebruary 16, 1983 United States/Soviet Union defense capabilitiesMay 4, 1982Armed Forces personnel managementFebruary 1, 1980Selective Service SystemSeptember 21, 1979Aircraft sales to Egypt, Israel, and Saudi ArabiaMay 15, 1978Torrijos-Carter Treaties on the Panama CanalFebruary 21 & 22, 1978Neutron bomb fundingJuly 1, 1977Defense Appropriations - AngolaDecember 17 & 18, 1975Intelligence Activities, alleged assassination plots involving foreign leadersNovember 20, 1975Defense AppropriationsJune 4, 1975Maneuverable reentry vehicleJune 10, 1974Trident submarineSeptember 25, 1973National Security StudyMay 2 (two sessions) & 4, 1972U.S. involvement in LaosJune 7, 1971Legislative Agenda for 91st CongressDecember 18, 1970Legislative Agenda for 91st CongressSeptember 10, 1970Defense AppropriationsDecember 15, 1969Defense AppropriationsJuly 17, 1969Defense AppropriationsOctober 2, 1968Committee on Intelligence Operations & Security Agency oversightJuly 14, 1966Nike-Zeus productionApril 11, 1963War front reportsOctober 7 & 8, 1943Naval battleships and aircraft carriersJune 26, 1942Impeachment of Judge Halsted L. RitterApril 15 & 16, 1936 William MacCracken contempt proceedingsFebruary 13 & 14, 1934Investigation of ocean and air mail contracts involving William MacCracken and othersFebruary 10, 1934Impeachment of Judge Harold LouderbackMay 24, 1933
See also Closed sessions of the United States House of Representatives
Notes
References Amer, Mildred (2004). "Secret Sessions of Congress: A Brief Historical Overview". Retrieved Nov. 5, 2005. Amer, Mildred. (Nov. 3, 2005). "Secret Sessions of the House and Senate" Congressional Research Service. 98-718 GOV. Dickerson, John (Nov. 1, 2005). "Dirty Harry". Slate. Engber, Daniel (Nov. 2, 2005). "The XXI Club". Slate.