[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Pages S2150-S2151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                RULES OF THE SPECIAL COMMITTEE ON AGING

 Mr. GRASSLEY. Mr. President, in accordance with Rule XXVI, 
paragraph 2, of the Standing Rules of the Senate, I hereby submit for 
publication in the Congressional Record, the Rules of the Special 
Committee on Aging.
  The rules follow:

                Rules of the Special Committee on Aging

                          (Rules of Procedure)


                 i. convening of meetings and hearings

       1. Meetings. The Committee shall meet to conduct Committee 
     business at the call of the Chairman.
       2. Special Meetings. The Members of the Committee may call 
     additional meetings as provided in Senate Rule XXVI (3).
       (3) Notice and Agenda: (a) Hearings. The Committee shall 
     make public announcement of the date, place, and subject 
     matter of any hearing at least one week before its 
     commencement.
       (b) Meetings. The Chairman shall give the members written 
     notice of any Committee meeting, accompanied by an agenda 
     enumerating the items of business to be considered, at least 
     5 days in advance of such meeting.
       (c) Shortened Notice. A hearing or meeting may be called on 
     not less than 24 hours notice if the Chairman, with the 
     concurrence of the Ranking Minority Member, determines that 
     there is good cause to begin the hearing or meeting on 
     shortened notice. An agenda will be furnished prior to such a 
     meeting.
       4. Presiding Officer. The Chairman shall preside when 
     present. If the Chairman is not present at any meeting or 
     hearing, the Ranking majority Member present shall preside. 
     Any Member of the Committee may preside over the conduct of a 
     hearing.


             ii. closed sessions and confidential materials

       1. Procedure. All meetings and hearing shall be open to the 
     public unless closed. To close a meeting or hearing or 
     portion thereof, a motion shall be made and seconded to go 
     into closed discussion on whether the meeting or hearing will 
     concern the matters enumerated in Rule II.3. Immediately 
     after such discussion, the meeting or hearing may be closed 
     by a vote in open session of a majority of the Members of the 
     Committee present.
       2. Witness Request. Any witness called for a hearing may 
     submit a written request to the Chairman no later than 
     twenty-four hours in advance for his examination to be in 
     closed or open session. The Chairman shall inform the 
     Committee of any such request.
       3. Closed Session Subjects. A meeting or hearing or portion 
     thereof may be closed if the matters to be discussed concern: 
     (1) national security; (2) Committee staff personnel or 
     internal staff management or procedure; (3) matters tending 
     to reflect adversely on the character or reputation or to 
     invade the privacy of the individuals; (4) Committee 
     investigations; (5) other matters enumerated in Senate Rule 
     XXVI (5)(b).
       4. Confidential Matter. No record made of a closed session, 
     or material declared confidential by a majority of the 
     Committee, or report of the proceedings of a closed session, 
     shall be made public, in whole or in part or by way of 
     summary, unless specifically authorized by the Chairman and 
     Ranking Minority Member.
       5. Broadcasting: (1) Control. Any meeting or hearing open 
     to the public may be covered by television, radio, or still 
     photography. Such coverage must be conducted in an orderly 
     and unobtrusive manner, and the Chairman may for good cause 
     terminate such coverage in whole or in part, or take such 
     other action to control it as the circumstances may warrant.
       (b) Request. A witness may request of the Chairman, on 
     grounds of distraction, harassment, personal safety, or 
     physical discomfort, that during his testimony cameras, media 
     microphones, and lights shall not be directed at him.


                        iii. quorums and voting

       1. Reporting. A majority shall constitute a quorum for 
     reporting a resolution, recommendation or report to the 
     Senate.
       2. Committee Business. A third shall constitute a quorum of 
     the conduct of Committee business, other than a final vote on 
     reporting, providing a minority Member is present. One Member 
     shall constitute a quorum for the receipt of evidence, the 
     swearing of witnesses, and the taking of testimony at 
     hearings.
       3. Polling: (a) Subjects. The Committee may poll (1) 
     internal Committee matters including those concerning the 
     Committee's staff, records, and budget; (2) other Committee 
     business which has been designated for polling at a meeting.
       (b) Procedure. The Chairman shall circulate polling sheets 
     to each Member specifying the matter being polled and the 
     time limit for completion of the poll. If any Member so 
     requests in advance of the meeting, the matter shall be held 
     for meeting rather than being polled. The clerk shall keep a 
     record of polls, if the Chairman determines that the polled 
     matter is one of the areas enumerated in Rule II.3, the 
     record of the poll shall be confidential. Any Member may move 
     at the Committee meeting following a poll for a vote on the 
     polled decision.


                           iv. investigations

       1. Authorization for Investigations. All investigations 
     shall be conducted on a bipartisan basis by Committee staff. 
     Investigations may be initiated by the Committee staff upon 
     the approval of the Chairman of the Ranking Minority Member. 
     Staff shall keep the Committee fully informed of the progress 
     of continuing investigations, except where the Chairman and 
     the Ranking Minority Member agree that there exists temporary 
     cause for more limited knowledge
       2. Subpoenas. Subpoenas for the attendance of witnesses or 
     the production of memoranda, documents, records, or any other 
     materials shall be issued by the Chairman, or by any other 
     Member of the Committee designated by him. Prior to the 
     issuance of each subpoena, the Ranking Minority Member, and 
     any Member so requesting, shall be notified regarding the 
     identity of the person to whom the subpoena will be issued 
     and the nature of the information sought and its relationship 
     to the investigation.
       3. Investigative Reports. All reports containing findings 
     or recommendations stemming from Committee investigations 
     shall be printed only with the approval of a majority of the 
     Members of the Committee.


                              v. hearings

       1. Notice. Witnesses called before the Committee shall be 
     given, absent extraordinary circumstances, at least forty-
     eight hours notice, and all witnesses called shall be 
     furnished with a copy of these rules upon request.
       2. Oath. All witnesses who testify to matters of fact shall 
     be sworn unless the Committee waives the oath. The Chairman, 
     or any member, may request and administer the oath.
       3. Statement. Witnesses are required to make an 
     introductory statement and shall file 150 copies of such 
     statement with the Chairman or clerk of the Committee at 
     least 72 hours in advance of their appearance, unless the 
     Chairman and Ranking Minority

[[Page S2151]]

     Member determine that there is good cause for a witness's 
     failure to do so. A witness shall be allowed no more than ten 
     minutes to orally summarize their prepared statement.
       4. Counsel: (a) A witness's counsel shall be permitted to 
     be present during his testimony at any public or closed 
     hearing or depositions or staff interview to advise such 
     witness of his rights, provided, however, that in the case of 
     any witness who is an officer or employee of the government, 
     or of a corporation or association, the Chairman may rule 
     that representation by counsel from the government, 
     corporation, or association creates a conflict of interest, 
     and that the witness shall be represented by personal counsel 
     not from the government, corporation, or association.
       (b) A witness is unable for economic reasons to obtain 
     counsel may inform the Committee at least 48 hours prior to 
     the witness's appearance, and it will endeavor to obtain 
     volunteer counsel for the witness. Such counsel shall be 
     subject solely to the control of the witness and not the 
     Committee Failure to obtain counsel will not excuse the 
     witness from appearing and testifying.
       5. Transcript. An accurate electronic or stenographic 
     record shall be kept of the testimony of all witnesses in 
     executive and public hearings. Any witness shall be afforded, 
     upon request, the right to review that portion of such 
     record, and for this purpose, a copy of a witness's testimony 
     in public or closed session shall be provided to the witness. 
     Upon inspecting his transcript, within a time limit set by 
     the committee clerk, a witness may request changes in 
     testimony to correct errors of transcription, grammatical 
     errors, and obvious errors of fact, the Chairman or a staff 
     officer designated by him shall rule on such request.
       6. Impugned Persons. Any person who believes that evidence 
     presented, or comment made by a Member or staff, at a public 
     hearing or at a closed hearing concerning which there have 
     been public reports, tends to impugn his character or 
     adversely affect his reputation may: (a) file a sworn 
     statement of facts relevant to the evidence or comment, which 
     shall be placed in the hearing record;
       (b) request the opportunity to appear personally before the 
     Committee to testify in his own behalf; and
       (c) submit questions in writing which he requests be used 
     for the cross-examination of other-witnesses called by the 
     Committee. The Chairman shall inform the Committee of such 
     requests for appearance or cross-examination. If the 
     Committee so decides; the requested questions, or paraphrased 
     versions or portions of them, shall be put to the other 
     witness by a Member of by staff.
       7. Minority Witnesses. Whenever any hearing is conducted by 
     the Committee, the minority on the Committee shall be 
     entitled, upon request made by a majority of the minority 
     Members to the Chairman, to call witnesses selected by the 
     minority to testify or produce documents with respect to the 
     measure or matter under consideration during at least one day 
     of the hearing. Such request must be made before the 
     completion of the hearing or, if subpoenas are required to 
     call the minority witnesses, no later than three days before 
     the completion of the hearing.
       8. Conduct of Witnesses, Counsel and Members of the 
     Audience. If, during public or executive sessions, a witness, 
     his counsel, or any spectator conducts himself in such a 
     manner as to prevent, impede, disrupt, obstruct, or interfere 
     with the orderly administration of such hearing the Chairman 
     or presiding Member of the Committee present during such 
     hearing may request the Sergeant at Arms of the Senate, his 
     representative or any law enforcement official to eject said 
     person from the hearing room.


                    vi. depositions and commissions

       1. Notices. Notices for the taking of depositions in an 
     investigation authorized by the Committee shall be authorized 
     and issued by the Chairman or by a staff officer designated 
     by him. Such notices shall specify a time and place for 
     examination, and the name of the staff officer or officers 
     who will take the deposition. Unless otherwise specified, 
     the deposition shall be in private. The Committee shall 
     not initiate procedures leading to criminal or civil 
     enforcement proceedings for a witness's failure to appear 
     unless the deposition notice was accompanied by a 
     Committee subpoena.
       2. Counsel. Witness may be accompanied at a deposition by 
     counsel to advise them of their rights, subject to the 
     provisions of Rule V.4.
       3. Procedure. Witnesses shall be examined upon oath 
     administered by an individual authorized by local law to 
     administer oaths. Questions shall be propounded orally by 
     Committee staff. Objections by the witnesses as to the form 
     of questions shall be noted for the record. If a witness 
     objects to a question and refuses to testify on the basis of 
     relevance or privilege, the Committee staff may proceed with 
     the deposition, or may at that time or at a subsequent time, 
     seek a ruling by telephone or otherwise on the objection from 
     a Member of the Committee. If the Member overrules the 
     objection, he may refer the matter to the Committee or he may 
     order and direct the witness to answer the question, but the 
     Committee shall not initiate the procedures leading to civil 
     or criminal enforcement unless the witness refuses to testify 
     after he has been ordered and directed to answer by a Member 
     of the Committee.
       4. Filing. The Committee staff shall see that the testimony 
     is transcribed or electronically recorded. If it is 
     transcribed, the witness shall be furnished with a copy for 
     review. No later than five days thereafter, the witness shall 
     return a signed copy, and the staff shall enter the changes, 
     if any, requested by the witness in accordance with Rule V.6. 
     If the witness fails to return a signed copy, the staff shall 
     note on the transcript the date a copy was provided and the 
     failutre to return it. The individual administering the oath 
     shall certify on the transcript that the witness was duly 
     sworn in his presence, the transcriber shall certify that the 
     transcript is a true record to the testimony, and the 
     transcript shall then be filed with the Committee Clerk. 
     Committee staff may stipulate with the witness to changes in 
     this procedure; deviations from the procedure which do not 
     substantially impair the reliability of the record shall not 
     relieve the witness from his obligation to testify 
     truthfully.
       5. Commissions. The Committee may authorize the staff, by 
     issuance of commissions, to fill in prepared subpoenas, 
     conduct field hearings, inspect locations, facilities, or 
     systems of records, or otherwise act on behalf of the 
     Committee. Commissions shall be accompanied by instructions 
     from the Committee regulating their use.


                           vii. subcommittees

       1. Establishment. The Committee will operate as a Committee 
     of the Whole, reserving to itself the right to establish 
     temporary subcommittees at any time by majority vote. The 
     Chairman of the full Committee and the Ranking Minority 
     Member shall be ex officio Members of all subcommittees.
       2. Jurisdiction. Within its jurisdiction as described in 
     the Staffing Rules of the Senate, each subcommittee is 
     authorized to conduct investigations, including use of 
     subpoenas, depositions, and commissions.
       3. Rules. A subcommittee shall be governed by the Committee 
     rules, except that its quorum for all business shall be one-
     third of the subcommittee Membership, and for hearings shall 
     be one Member.


                             viii. reports

       Committee reports incorporating Committee findings and 
     recommendations shall be printed only with the prior approval 
     of the Committee, after an adequate period for review and 
     comment. The printing, as Committee documents, of materials 
     prepared by staff for informational purposes, or the printing 
     of materials not originating with the Committee or staff, 
     shall require prior consultation with the minority staff; 
     these publications shall have the following language printed 
     on the cover of the document: ``Note: This document has been 
     printed for informational purposes. It does not represent 
     either findings or recommendations formally adopted by the 
     Committee.''


                         ix. amendment of rules

       The rules of the Committee may be amended or revised at any 
     time, provided that not less than a majority of the Committee 
     present so determine at a Committee meeting preceded by at 
     least 3 days notice of the amendments or revisions 
     proposed.

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